Wondering if anyone can give me a hand on this one. Got a Red light ticket back Oct 9, 16. Went to first resolution didn't like the offer so asked for trail. Got Disclosure very quick as well as trail date (Feb 13, 16). The hiccup comes in today when I received a letter for a Notice of Motion, the prosecutor wants to change trail location and date due to the trail being set at the wrong court house "Should have been set in St. Catharines not Niagara falls" then citing officers availability. I imagine this is not very uncommon but the court will hear this motion on January 30 (11 days from getting the letter) and only 2 weeks before the trail. I have booked my time off for the original trail already, is there some argument I can make if I go to court on the 30th about timing issues/unfairness (I live over 70km away). As well if I wish to send a notice of motion do I not need to do this 15 days in advance of the motion? any insight would be appreciated.
Wondering if anyone can give me a hand on this one.
Got a Red light ticket back Oct 9, 16. Went to first resolution didn't like the offer so asked for trail. Got Disclosure very quick as well as trail date (Feb 13, 16). The hiccup comes in today when I received a letter for a Notice of Motion, the prosecutor wants to change trail location and date due to the trail being set at the wrong court house "Should have been set in St. Catharines not Niagara falls" then citing officers availability. I imagine this is not very uncommon but the court will hear this motion on January 30 (11 days from getting the letter) and only 2 weeks before the trail. I have booked my time off for the original trail already, is there some argument I can make if I go to court on the 30th about timing issues/unfairness (I live over 70km away). As well if I wish to send a notice of motion do I not need to do this 15 days in advance of the motion?
Only Charter arguments need 15 days. Regular motions only need about 3 days notice. If you do not show up for motion date on January 30 then they will just move it. If you do show up for the motion date, then you can argue that you do not want them to move it and why. The JP gets final decision on whether to move it or not.
Only Charter arguments need 15 days. Regular motions only need about 3 days notice.
If you do not show up for motion date on January 30 then they will just move it.
If you do show up for the motion date, then you can argue that you do not want them to move it and why. The JP gets final decision on whether to move it or not.
Do you think it is worth it to send someone to the motion and object given it was not an error not attributable to me and I have already booked off the day for my current trail date? or will this go no where? I have meetings I can not miss to attend this motion due to short notice, and I would assume showing up undercuts my argument that my schedule is not as flexible anyway. Just wondering if its even worth it, would I have to show why this is prejudice against me or is the fact that the motion is only 2 weeks from my trail and I have gone through the work to get the day off already enough? Thanks alot for the input.
Do you think it is worth it to send someone to the motion and object given it was not an error not attributable to me and I have already booked off the day for my current trail date? or will this go no where? I have meetings I can not miss to attend this motion due to short notice, and I would assume showing up undercuts my argument that my schedule is not as flexible anyway. Just wondering if its even worth it, would I have to show why this is prejudice against me or is the fact that the motion is only 2 weeks from my trail and I have gone through the work to get the day off already enough?
So I had done research and found that with the Provincial Offences act and the way it prescribes how to count days, that the court did not indeed give me the 3 days notice but 2 instead. In saying this I have an important meeting tomorrow morning I can't miss and will not be able to make it and given the hearing is 9:00a.m. on a Monday I could not find anyone else to go. Is there any type of "appeal" process, if not how does this stop a prosecutor from filing and then handing out late notice, or no notice and if you are a no show the motion is carried? It seemed if I could get the motion denied I would be home free as the reason to move the motion was the cop could not show that day. Thanks again for the time everyone.
So I had done research and found that with the Provincial Offences act and the way it prescribes how to count days, that the court did not indeed give me the 3 days notice but 2 instead. In saying this I have an important meeting tomorrow morning I can't miss and will not be able to make it and given the hearing is 9:00a.m. on a Monday I could not find anyone else to go.
Is there any type of "appeal" process, if not how does this stop a prosecutor from filing and then handing out late notice, or no notice and if you are a no show the motion is carried?
It seemed if I could get the motion denied I would be home free as the reason to move the motion was the cop could not show that day.
Fax a letter to both the Clerk of the Court office and to the Prosecutors office. Say you were not given enough notice. Tell them why you can not attend. Tell them that you can only attend on the date previously set for the trial, and say they can bring the motion then if they want but you will still object to it.
Fax a letter to both the Clerk of the Court office and to the Prosecutors office.
Say you were not given enough notice. Tell them why you can not attend. Tell them that you can only attend on the date previously set for the trial, and say they can bring the motion then if they want but you will still object to it.
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…
