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Ontario Highway Traffic Act

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39 over on 400
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PostPosted: Thu Jul 22, 2010 8:41 pm 
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Great site! I was "paced" by OPP and ticketed for 39 over. My question is at the First Attendance, does the Prosecutor and or the JP have the officers notes?
I know I was over, but there was some confusion when the Officer ticketed me.

I am ok with a lesser charge. The Court location would be York. Thoughts?


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PostPosted: Fri Jul 23, 2010 1:39 am 
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JP will have nothing to do with a first attendance meeting. Prosecutor will have the officers notes and if you apply for disclosure you should have a copy of them as well before that date. A plea to a lesser speed should be possible if that is what you're looking for, depending on a number of factors including your record, especially for a pacing ticket.

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PostPosted: Fri Jul 23, 2010 7:31 am 
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Thanks Simon, I seem to recall at a previous First Attendance standing before a JP with the Prosecutor with my plea to a lesser charge. That was in Peel.

Of course now that I think about it I will apply for disclosure BEFORE the First Attendance so I will know what I am up against. Thanks for pointing that out.

I will do this and update my progress, perhaps with more questions.

My concern is the officer stated he saw other issues - no signal lane change, and higher rates of speed and contemplated a Careless change. An Officer friend pointed out that information is probably not in his notes as that would bring into question why he did not make a Careless charge. I guess disclosure will tell all.

Thanks to all for an excellent and interesting site!


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PostPosted: Fri Jul 23, 2010 1:05 pm 
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Jarratt wrote:
Thanks Simon, I seem to recall at a previous First Attendance standing before a JP with the Prosecutor with my plea to a lesser charge. That was in Peel.


You will have to go before a JP to enter a plea, however discussions prior to that about what the deal will be (a.k.a. first attendance meeting) will be with the prosecutor only.

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