Thanks Chris for your post . I got all your points including the 60m distance for the sign to be visible.
Is there such think as reopening a case ?
I've looked at many of the posts and - for the most part - they are correct.
However there has not been a lot of mention of an additional ground of appeal. It appears that you made some mistakes in your trial. Although you are not entitled to a 'do over' the JP had a duty to make sure that you did it right the first time. He/she doesn't have to do your job for you, but he/she does need to give you a reasonable opportunity to do a good job for yourself and assist you (to some degree) especially through more difficult evidentiary or technical issues.
To be frank I did not have the chance to review your case beyond a 10-15 second scan but based on some of your points and based on what many people have written in response it MIGHT be a viable ground of appeal to suggest that the JP did not do enough to assist you as an unrepresented litigant. I am not saying that this will succeed but what I can say is (1) I have won many appeals on this basis and (2) if I were asked to take this case on this is one of the first issues I'd investigate.
OTTLegal wrote:A bylaw charge is a city bylaw that is not usually recognized by the Ministry of Transportation, subsequently if you had had the charge dropped to a bylaw your driving record would have remained clear, no record on your driving abstract
Just to add... this is why I usually recommend that, if the Prosecutor offers a bylaw infraction deal, take it. With nothing on the driver abstract, insurance is not affected, either.
http://www.OntarioTicket.com OR http://www.OHTA.ca
Tank you Simon. I did not know that at the time of the trial. At the city of Mississauga website they say the points can not be spared, in fact they can be. I should have taken that deal. I was so pump up that Im not guilty. The problem is that this occupies my mind and takes its toll.
Interesting read. You should consult with paralegals in Mississauga. Based on your posts I assume it was officer #2448. He writes a lot of tickets in that area. You may have an argument on Appeal.
Some update ÃƒÂ¢Ã‚â‚¬Ã‚â€œ I pass by that road last Friday, wanted to see how far is that last No Heavy Truck sign visable.Well it is visible from more than 60 meters, so far no excuse here.Intresting thing was, that the officer was there to, busy with a roll off truck. By the time I was passing by, 3 truck pass by one after another, coming from south true Dixie and going true Cormack drive ,true South Service Road to QEW east. They all got away with it .The officer did not stop them. On Cormack drive just off of Dixie there are No Heavy Truck signs on both sides of that road, and it is pretty clearly marked right on Cormack pull off.
It is one hot spot for violating those "no heavy truck sighs"
Probably thats way there were so many truck drivers at the court.
I was hoping some of them will post here ÃƒÂ¯Ã‚ÂÃ‚Å
Wow! 696 views it is getting out there.
I want it to mention, (probably most of you know about it) Google Street View is an excellent tool .I could see the intersection, and I could virtually travel along the road -amazing!
By the way Im still waiting for that disclosure. It has been 4 months. And yes I filed an appeal in Brampton.
The Trucker wrote:. And yes I filed an appeal in Brampton.
How was the first trial done in error?
I don't live there so trying to figure the signs out even with google maps and your pics. So if I see them correctly CMV are not supposed to enter the QEW from Dixie Rd at all?
Looking at the North Service Road and South Service Roads they both appear residential areas?
and OVER 700 views - this is a excellent demonstration why a quick description of offence and location is important on every single thread and to keep on one thread
Some updates ÃƒÂ¢Ã‚â‚¬Ã‚â€œmy life had a fail to stop on stop sign ticket ÃƒÂ¢Ã‚â‚¬Ã‚â€œ went to court ÃƒÂ¢Ã‚â‚¬Ã‚â€œofficer did not show up. Shes clear .My insurance did not go up ÃƒÂ¢Ã‚â‚¬Ã‚â€œoffence is not even mentioned in policy. So far so goodÃƒÂ¯Ã‚ÂÃ‚Å . 8 month passed and no reply from the court in Mississauga .Im still waiting for court transcript .Should I call them?
Try calling them and see what's up.
http://www.OntarioTicket.com OR http://www.OHTA.ca
Finaly they told me my transcripts are ready it took more than a year !
Wow 1557 Views.
How many of you had the same ticket but never contacted me to team up and have those signs properly positioned?
Here is the update:
Ive abandoned the case .After more than a year I cooled off .No need to throw more money and time, and try to beat them in their own game. Why risk to be humiliated again? All of them, judges, prosecutors, police, eat on the same table, and wait for me to serve the desert.
It is a pity that the money grab still going on that service road.
Somebody stole my wallet at truck stop in Calgary .Turns out ÃƒÂ¢Ã‚â‚¬Ã‚â€œit is all on camera. I call the police and the officer told me, they will do nothing about it, took the DVD with the recording and drove off.
Make your own conclusions.
Why The Prosecutor is allowed to offer a bylaw infraction deal, or any deal at all? Your eider guilty or not guilty. It is not a flea market! It is a court.
If you feel that it is important to fight the ticket and your are not familiar with the system ÃƒÂ¢Ã‚â‚¬Ã‚â€œget help. It is not about justice as you imagine it, and might think. People make living off it.
Update: I abandoned the appeal. It is not worth the headache .
There is a lot to be said about learning about situations and there is a WEALTH of information her and some fantastic guys who can help you
There is an old and WISE adage "A man who is his own lawyer has a fool for a client"
All professionals of the caliber that you ask for assistance - all have one key factor in common: Years of education and Training! which can and often does make the difference between winning and losing
and in extreme cases ÃƒÂ¢Ã‚â‚¬Ã‚â€œ "financial" demise, and loss of "freedom and liberty".
Please DONT misunderstand I am not trying to berate the OP, but when your lively hood is at stake, money and insurance and driving record, by all means TAKE advice,
but in some cases you need to go lawyered up, that's what they do, YOU PAY for that as well.
I work on my car because I have knowledge and experience, at times a master tech or a dealer has to take over.
My own conviction comes of this year (after 3 years) my insurance went up a bit, not much, but I don't drive for a living.
Take care yall and happy family day !
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
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