Hi, I got a no seat-belt ticket a couple of months ago at a police road block on the highway somewhere around Mississauga in the passenger seat, I also did not have (did not get one) a drivers license by that time. The fine was $235 which is very significant to me as I'm a uni student, so I set a trial which they set on my birthday. This is my first traffic related offense (have had a misdemeanor for open alcohol in public in my uni city before if it matters), I am currently a 2nd year uni student living in another city during school time, finished 1st year with a A- GPA that resulted in a $500 scholarship and will be graduating with about a 40k OSAP debt, I'm not really familiar with the procedures in court or how to handle this, so could someone please aid me with their knowledge. I am going to be pleading not guilty if the cop does not show up, however I do not know whether or not I can confirm that the officer is present prior to the actual trial, can someone please offer further information on this? Should I attempt to disprove the credibility of the issuing officer's testimony (event occurred about 7 months ago) or should I just not risk it and instead play the sympathy card as a uni student? Thanks in advance for any advice.
Hi, I got a no seat-belt ticket a couple of months ago at a police road block on the highway somewhere around Mississauga in the passenger seat, I also did not have (did not get one) a drivers license by that time. The fine was $235 which is very significant to me as I'm a uni student, so I set a trial which they set on my birthday. This is my first traffic related offense (have had a misdemeanor for open alcohol in public in my uni city before if it matters), I am currently a 2nd year uni student living in another city during school time, finished 1st year with a A- GPA that resulted in a $500 scholarship and will be graduating with about a 40k OSAP debt, I'm not really familiar with the procedures in court or how to handle this, so could someone please aid me with their knowledge.
I am going to be pleading not guilty if the cop does not show up, however I do not know whether or not I can confirm that the officer is present prior to the actual trial, can someone please offer further information on this? Should I attempt to disprove the credibility of the issuing officer's testimony (event occurred about 7 months ago) or should I just not risk it and instead play the sympathy card as a uni student? Thanks in advance for any advice.
the sympathy card may help in terms of getting a reduced fine i watched a female JP reduce a fine to zero, when a defendant cried he was unemployed with three kids ask for disclosure and start preparing a defense, don't just pray for an officer no-show
the sympathy card may help in terms of getting a reduced fine
i watched a female JP reduce a fine to zero, when a defendant cried he was unemployed with three kids
ask for disclosure and start preparing a defense, don't just pray for an officer no-show
Hmm, can I still opt to pleading guilty to a lesser fine in the court room even though I went to the court house to plead not guilty initially for the court date? ex: i see the cop then I plead guilty with a explanation, i don't see the cop i plead not guilty. Could someone please clarify this for me? I really want to either go with the cop not showing up and pleading not guilty or pleading guilty with an explanation because I do not lose any points on my drivers license regardless. I'm going to request disclosure at the court house tomorrow and I'll attempt to discredit the officer's credibility and thus his witness statement if I HAVE to plead not guilty all the way, will I stand a chance with this? Also, thanks a lot for the help. Edit: can someone clarify the following regarding disclosure for me? Can I request disclosure while in court, and if I were to request disclosure prior to my court date, does this involve the prosecutor contacting the officer and thus notifying the officer about my trial?
Hmm, can I still opt to pleading guilty to a lesser fine in the court room even though I went to the court house to plead not guilty initially for the court date? ex: i see the cop then I plead guilty with a explanation, i don't see the cop i plead not guilty. Could someone please clarify this for me? I really want to either go with the cop not showing up and pleading not guilty or pleading guilty with an explanation because I do not lose any points on my drivers license regardless.
I'm going to request disclosure at the court house tomorrow and I'll attempt to discredit the officer's credibility and thus his witness statement if I HAVE to plead not guilty all the way, will I stand a chance with this? Also, thanks a lot for the help.
Edit: can someone clarify the following regarding disclosure for me? Can I request disclosure while in court, and if I were to request disclosure prior to my court date, does this involve the prosecutor contacting the officer and thus notifying the officer about my trial?
Yes, you can change your plea to guilty at any time during the process. If the fine is the only issue, also considering asking the Crown about a plea deal to a lesser fine. I'm not sure what you mean about discrediting the officer. He will be allowed to use his notes to refresh his memory, so unless they're incomplete or very inaccurate, he'll probably be able to give sufficient evidence. When you request disclosure, the officer will be aware you're possibly challenging the ticket. The officer gets a copy of the disclosure request since he has to photocopy his notes and most of the requested documents.
Yes, you can change your plea to guilty at any time during the process. If the fine is the only issue, also considering asking the Crown about a plea deal to a lesser fine.
I'm not sure what you mean about discrediting the officer. He will be allowed to use his notes to refresh his memory, so unless they're incomplete or very inaccurate, he'll probably be able to give sufficient evidence.
When you request disclosure, the officer will be aware you're possibly challenging the ticket. The officer gets a copy of the disclosure request since he has to photocopy his notes and most of the requested documents.
ok, thank you very much. im going to opt not to request disclosure since i don't want to force the officer to do work and actually give her another reason to attend the trial. Is there like a sure way to identify if your issuing officer is not there, like is there a roll call prior to the actual trial or do they not bring out the officer before I plead not guilty?
Stanton wrote:
Yes, you can change your plea to guilty at any time during the process. If the fine is the only issue, also considering asking the Crown about a plea deal to a lesser fine.
I'm not sure what you mean about discrediting the officer. He will be allowed to use his notes to refresh his memory, so unless they're incomplete or very inaccurate, he'll probably be able to give sufficient evidence.
When you request disclosure, the officer will be aware you're possibly challenging the ticket. The officer gets a copy of the disclosure request since he has to photocopy his notes and most of the requested documents.
ok, thank you very much. im going to opt not to request disclosure since i don't want to force the officer to do work and actually give her another reason to attend the trial. Is there like a sure way to identify if your issuing officer is not there, like is there a roll call prior to the actual trial or do they not bring out the officer before I plead not guilty?
When you request a trial, the officer will have to provide disclosure to the Crown's office regardless if you've requested it or not. As for Court, there is no attendance list for officers. Just look around, see if you recognize the officer or you could simply ask another officer if she's present.
When you request a trial, the officer will have to provide disclosure to the Crown's office regardless if you've requested it or not.
As for Court, there is no attendance list for officers. Just look around, see if you recognize the officer or you could simply ask another officer if she's present.
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
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I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
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I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
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My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
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I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…
