An OPP helicopter clocked my vehicle going 60 kilometres over the speed limit. The helicopter followed my vehicle to where it was parked and they claim they have footage from (1000 plus feet in the air) identifying that the person driving was me which I find hard to believe. A YRP officer then came and sat behind my car until a tow truck arrived and took my car away. Once I found out, I called YRP and a YRP officer came to my house and issued me a ticket. I don't recall saying I was driving (I don't think the police officer took any notes down at all during the convo), but I know that I did question how he knew it was me driving and that's when he told me OPP had helicopter footage. He then issued me a ticket contrary to the highway traffic act 172(2) race a motor vehicle.. I wanted to know if anyone knows if it is lawful to give me a ticket after the fact and if not what grounds do I have to request this is dismissed? The YRP didn't even seem like he wanted to give me the ticket, he didn't even take a statement from me.. "He didn't want anything incriminating to be said.", nor did he want to impound the vehicle but the sections states he must impound the vehicle. Also Is there a way to retrieve the cost of impounding my vehicle and reinstating my license. Thanks guys!
Topic
Is it lawful for an officer to give you a tckt aftr the fact
Must have been a while since you've been involved with traffic court in Ontario. Here's the way it works; Client retains a paralegal or lawyer - NIA is filed - Notice of Trial is received - when that occurs, a Disclosure Request is submitted - all in a timely fashion. Trial date approaches and you still don't have disclosure - what are you going to do? There's not much you can do. You can bring a motion prior to arraignment requesting the charge be quashed - some jp's will, others (most) will not - doesn't really matter. Crown is now on notice to provide it and a subsequent trial date is set. When a Disclosure Request is received by the Crown - the office forwards it to the police department's court liason officer - most of those officers immediately email the subject (not to be confused with SIU) officer - that's it. Now, the Crown and the liason officer are waiting for the notes, et al. If the subject officer disregards or is too lazy to respond he jeopardizes his case - but the point is, it's out of everyone's hands other than the subject officer. This is not an opinion.
jsherk wrote:
I base it on experience ... having hired lawyers in the past (before I understood the process), they would literally wait until trial date to get disclosure and then just basically accept the deal the prosecutor offers without putting any time or effort into possible ways to fight it.
A good lawyer would be requesting disclosure ahead of time and then have a plan and suggest possible ways to fight the charge with the pros/cons and would also suggest the benefits of accepting a deal.
I agree that sometimes accepting a deal is the best option, but my experience has been that too many lawyers/paralegals would rather just take your money for getting you a deal which you could have easily made yourself.
This is my opinion and you are welcome to disagree with it, but your disagreements won't change my opinion.
Must have been a while since you've been involved with traffic court in Ontario.
Here's the way it works;
Client retains a paralegal or lawyer - NIA is filed - Notice of Trial is received - when that occurs, a Disclosure Request is submitted - all in a timely fashion.
Trial date approaches and you still don't have disclosure - what are you going to do? There's not much you can do.
You can bring a motion prior to arraignment requesting the charge be quashed - some jp's will, others (most) will not - doesn't really matter.
Crown is now on notice to provide it and a subsequent trial date is set.
When a Disclosure Request is received by the Crown - the office forwards it to the police department's court liason officer - most of those officers immediately email the subject (not to be confused with SIU) officer - that's it.
Now, the Crown and the liason officer are waiting for the notes, et al.
If the subject officer disregards or is too lazy to respond he jeopardizes his case - but the point is, it's out of everyone's hands other than the subject officer.
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