Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 20 posts ]  Go to page Previous  1, 2
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Author Message
PostPosted: Fri Oct 15, 2010 9:10 pm 
Offline
Moderator
User avatar

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
Don't worry about the case law until your next court date. Resend the request for your information.

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


Top
 Profile  
 
Re: Am Devastated with Speeding Charge
PostPosted: Sat Jan 01, 2011 11:16 am 
Offline
Newbie

Joined: Fri May 28, 2010 8:04 am
Posts: 11
Well, here's the next installament.
Aug 30 - hand delivered disclosure request to courthouse and had it stamped
Oct. 5 - called Prosecutors office and left message regarding disclosure (no reply)
Oct. 14 - copy of disclosure request given to prosecutor by hand durin first court appearance (At that time they offered a plea deal of 95 in an 80 with no demerit), the young lady pulled me aside in the foyer after my appearance and stated that the offer would remain open.
Nov 17 - send a registered letter again asking for discloure, also stating that I did not want to vacate my offer but needed more information.
Dec 30 - called prosecutor's office again and left message. [i](Thought at this point I could ask the justice of the peace for a stay based upon lack of discloure)[/i]
Dec 31 - received a three page testing procedure photocopy from the prosecutor, not the manual and not speedometer calibration or officer training record.
The letter also stated that the 'offer' was a one-time only offer and I should not expect it at my next court appearance on Jan. 13

Therefore, if you buck the system to get information about the process, you are penalized! I feel intimidated and coerced..what should I do now. :cry:
I have to say this whole process has been very over whelming!


Top
 Profile  
 
Re: Am Devastated with Speeding Charge
PostPosted: Sat Jan 01, 2011 3:25 pm 
Offline
Sr. Member

Joined: Thu Aug 27, 2009 10:06 pm
Posts: 354
Well you won't get speedo calibration record. Unless it was used to pace you it is not relevant. Disclosure is not a fishing expedition. It has to be relevant to the charge. Officers training record you won't get. You can ask the officer if he is qualified and they will testify under oath yes.

Hell here we are not even given a training certificate to give.

Court is a roll of the dice. No where does it say you have to be given a reduced offer. It is completely up to the prosecutor. Guess you have learned that.

ops


Top
 Profile  
 
Re: Am Devastated with Speeding Charge
PostPosted: Sat Jan 01, 2011 5:09 pm 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
I agree with all of that. While it might not be philosophically proper to "punish" people who want to take advantage of their right to see the evidence against them, it happens all the time. It's just one of those realities you have to deal with.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
Re: Am Devastated with Speeding Charge
PostPosted: Mon Jan 24, 2011 11:13 am 
Offline
Newbie

Joined: Fri May 28, 2010 8:04 am
Posts: 11
:evil:
Well it's the final installment...
I took the prosecutors' offer of a reduction to 95 in an 80 (no demerits and only a $45 fine). It really upset me to do this...and I was going to ask for a stay for lack of disclosure...the JP that day was not a friendly type. I had even prepared a Factum with the Crown Policy related to disclosure, the Stinchom case study and 8 other case studies validating my requests for detailed information.

For all others...if they do not provide disclosure and you go with NOT GUILTY...as soon as the officer is asked about how he operated the radar, stand up and OBJECT! You did not receive dsclosure on how the radar operates and therefore the prosecution should be prevented from asking about and bringing this into evidence. If the radar cannot be used as evidence then the prosecution will be unlikely to prove a prima facea (sp?) case.

You could also ask the officer about the SMC (Speed Monitoring Committee/Coordinator) within the detachment. If he/she states that there is one then there MUST be repair records and calibration records related to the radar device.
I found a pdf from Niagara Falls Regional, Peterborough and Ottawa Police services that all state that they have such a person and maintain such records. If the prosecution states they don't exist, then under the Freedom of Information act, ask the detachment directly.

Its two weeks since I took the offer and plead guilty and I am still upset by it..when I told the prosecutor that if I plead guily then I would be purging myself...he laughed at me...what at *@#&%(@&(&@.

I would like to take this opportunity to thank this site and all that contribute...I know that it was a great help to me and to others.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 20 posts ]  Go to page Previous  1, 2

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Speeding charge by pacing

Richmondhiller

1

1106

Tue Mar 08, 2011 6:57 am

Stanton View the latest post

There are no new unread posts for this topic. Speeding charge - Do I qualify for 11(b) - Need advice

[ Go to pageGo to page: 1, 2 ]

lesami

15

1565

Fri May 23, 2014 1:53 pm

iFly55 View the latest post

There are no new unread posts for this topic. speeding Stunt Driving charge

Moomoo

10

836

Sun Oct 23, 2016 5:08 pm

argyll View the latest post

There are no new unread posts for this topic. Prosecution refused disclosure for speeding charge.

[ Go to pageGo to page: 1, 2, 3, 4 ]

Pepsi

55

3454

Wed Sep 12, 2012 5:48 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Charge of Speeding - Officer wants to file adjornment?

Leafs87

2

1184

Mon Nov 25, 2013 8:08 pm

Leafs87 View the latest post

There are no new unread posts for this topic. Help me prepare for Speeding charge Trial *Pics and Maps ins

roadrunner17

5

826

Mon May 05, 2014 1:02 pm

Stanton View the latest post

There are no new unread posts for this topic. HTA charge modified to By-Law charge (advice?)

GTAcommuter17

3

136

Sat Nov 18, 2017 3:10 pm

Zatota View the latest post

There are no new unread posts for this topic. Charge lowered by officer-Can JP charge you with the origina

pr1244883

5

638

Fri Dec 11, 2009 7:15 pm

Radar Identified View the latest post

There are no new unread posts for this topic. What does this charge mean?

c1ph3r

1

376

Wed Mar 23, 2016 4:18 pm

daggx View the latest post

There are no new unread posts for this topic. Why the charge is 5 points

racer

6

2817

Wed Jun 25, 2008 10:20 pm

Reflections View the latest post

There are no new unread posts for this topic. Is this charge too heavy for me?

mldd2003

10

3226

Tue Dec 14, 2010 9:51 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Lesser Charge?

Robbie00

1

695

Mon Jul 25, 2011 5:24 pm

jon View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.