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 followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or…
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
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Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
My name is Brian. I am in my late 20s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)
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I understand the severity of my offences, and I can't stress how much I regret it. I know I endangered the lives of myself and more importantly others. I usually do not speed and I know running late for work is an unacceptable excuse. I will be a man and accept the consequences of my actions although I would appreciate any advice for my situation.
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
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Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
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Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
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Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?
I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…
