Hello All, My girlfriend got a ticket this morning for driving straight through an intersection. The sign states that it is illegal between the hours of 7am-9am. The clock in her car was 9:02am. When she was pulled over, she made a point of the time and mentioned it to the officer. The officer checked his watch and claimed that it was 8:52. Interestingly, he then noticed her watch that said 8:55am. I noticed a posting before about a similar issue but my question is: Is there some type of "Official Time" that is used for police or do we depend on each police officer's watch/car clock individually? Let's face it, time is pretty subjective. Not many people's clocks are exactly the same. Since the police officer's watch is most likely not checked against the world clock and the police officer does not check his battery every morning to be sure that the clock is running on time. (This is not as exact as a radar gun, which on occasions need to be calibrated.) On that note, how do we as citizens know that the police officer is not setting his watch back a couple of minutes to be sure that the ticket will stand in court. It is his word vs. ours. The time was anywhere between it being Legal to questionable to Illegal. Thanks for the help and any advice.
Hello All,
My girlfriend got a ticket this morning for driving straight through an intersection. The sign states that it is illegal between the hours of 7am-9am.
The clock in her car was 9:02am. When she was pulled over, she made a point of the time and mentioned it to the officer. The officer checked his watch and claimed that it was 8:52. Interestingly, he then noticed her watch that said 8:55am.
I noticed a posting before about a similar issue but my question is: Is there some type of "Official Time" that is used for police or do we depend on each police officer's watch/car clock individually?
Let's face it, time is pretty subjective. Not many people's clocks are exactly the same. Since the police officer's watch is most likely not checked against the world clock and the police officer does not check his battery every morning to be sure that the clock is running on time. (This is not as exact as a radar gun, which on occasions need to be calibrated.)
On that note, how do we as citizens know that the police officer is not setting his watch back a couple of minutes to be sure that the ticket will stand in court. It is his word vs. ours. The time was anywhere between it being Legal to questionable to Illegal.
Not sure about setting official time with respect to how accurate the police have to be. But, it's likely that they'll consider the officer's version of events as more reliable. There are several ways of fighting it, though. The timing issue is, I would think, more of a "last resort" defence than anything should it go to trial. There are other options you can use. What city did it occur in? And did the sign say just 7AM-9AM or did it also say MON-FRI?
Not sure about setting official time with respect to how accurate the police have to be. But, it's likely that they'll consider the officer's version of events as more reliable.
There are several ways of fighting it, though. The timing issue is, I would think, more of a "last resort" defence than anything should it go to trial. There are other options you can use. What city did it occur in? And did the sign say just 7AM-9AM or did it also say MON-FRI?
It was in the city of Toronto and it did say Monday-Friday. I have a feeling that you may suggest the "Bilingual Sign" defense that I read in another post? I dont believe that it was in French, if this was what you were getting at. What are the other ways of fighting it, I am curious? I am not hung up on the time thing as a defense as much as just amazed that a Police officer can set his watch back 5 -10 mins and suggest that his/her time is the correct time. In the case of Speeding, if my speedometer reads 60km/h and a police officer claims that I am going 100km/h, he has proof with his radar gun, which has been calibrated. Time on different clocks seems very subjective. There is no way to prove whose TIME is accurate in court, on either side.
It was in the city of Toronto and it did say Monday-Friday.
I have a feeling that you may suggest the "Bilingual Sign" defense that I read in another post? I dont believe that it was in French, if this was what you were getting at.
What are the other ways of fighting it, I am curious?
I am not hung up on the time thing as a defense as much as just amazed that a Police officer can set his watch back 5 -10 mins and suggest that his/her time is the correct time. In the case of Speeding, if my speedometer reads 60km/h and a police officer claims that I am going 100km/h, he has proof with his radar gun, which has been calibrated. Time on different clocks seems very subjective. There is no way to prove whose TIME is accurate in court, on either side.
Correct, bilingual defence applies. Take a photograph of the sign with a time-date stamp on it to provide proof that it is not bilingual. (Be forewarned: Whoever takes the photograph has to be present for the court appearance.) Ticketcombat's website also provides a thorough explanation of how and when to use bilingual defence, if you haven't checked out his site already: http://www.ticketcombat.com/step5/bilingual.php Also other ticket-fighting strategies, tips and information can be found there. One additional way of fighting the ticket has to do with the fact that such signs require a by-law to be put in place. So, send the ticket in requesting the trial option and make a disclosure request as well. Since your girlfriend allegedly disobeyed the sign, they'll have to include a certified copy of the by-law that put the sign in place in the disclosure package. Don't specifically request it, just ask for an "explanation and clarification" of the charge. They'll likely include the officer's notes, possibly a quote of the HTA 144 (9), but, without the by-law, the disclosure is not complete. If that happens (no by-law included), 15 days in advance of the trial, file a motion for a stay based on improper disclosure. At that point, the proceedings are dead. If the attempt to trip the Crown up with the disclosure move fails, the officer still may not show. In Toronto, it's about 50-50 these days, although some have reported higher no-show rates. If the officer doesn't show, the Crown may try to re-schedule the trial (usually they just drop it but they may not). Don't let them get away with that one! All in all, you've got a really good chance of beating the ticket. Best of luck with it.
Correct, bilingual defence applies. Take a photograph of the sign with a time-date stamp on it to provide proof that it is not bilingual. (Be forewarned: Whoever takes the photograph has to be present for the court appearance.) Ticketcombat's website also provides a thorough explanation of how and when to use bilingual defence, if you haven't checked out his site already:
Also other ticket-fighting strategies, tips and information can be found there. One additional way of fighting the ticket has to do with the fact that such signs require a by-law to be put in place. So, send the ticket in requesting the trial option and make a disclosure request as well. Since your girlfriend allegedly disobeyed the sign, they'll have to include a certified copy of the by-law that put the sign in place in the disclosure package. Don't specifically request it, just ask for an "explanation and clarification" of the charge. They'll likely include the officer's notes, possibly a quote of the HTA 144 (9), but, without the by-law, the disclosure is not complete. If that happens (no by-law included), 15 days in advance of the trial, file a motion for a stay based on improper disclosure. At that point, the proceedings are dead.
If the attempt to trip the Crown up with the disclosure move fails, the officer still may not show. In Toronto, it's about 50-50 these days, although some have reported higher no-show rates. If the officer doesn't show, the Crown may try to re-schedule the trial (usually they just drop it but they may not). Don't let them get away with that one!
All in all, you've got a really good chance of beating the ticket. Best of luck with it.
Thank you for the great advice. Just curious if many cases have been won this way, other than the initial one cited before? Have there been many people on this site or others come back successful? Thanks again!
Thank you for the great advice.
Just curious if many cases have been won this way, other than the initial one cited before? Have there been many people on this site or others come back successful?
A lot of people were suggested that approach. If they do not come back with report it might mean that they fought the ticket succesfully, else we'd hear about it.
A lot of people were suggested that approach. If they do not come back with report it might mean that they fought the ticket succesfully, else we'd hear about it.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
Hey all, The more I read over the Ticket Combat website, the more confident I am with the whole process. Thank you to those who created such an amazing website. Finally the people have the ability to not be intimidated by the system. That said, I have some questions. My girlfriend is going tomorrow to request a trial. 1) How long until we should request disclosure? I assume wait until the trial date is set, and therefore a prosecutor is assigned to the case? 2) Assuming she attempts to use the Bilingual defense, can she or should she prepare other defenses, ie. the time issue? or will this be seen by the court as grasping at straws? 2b) An idea that I had would be to fight under mens rea. Assuming that she rationally believed that it was after 9am (according to her car clock)? she did not have the knowledge or intent to commit the offense 3) Lastly, Does she need to go through the entire song and dance of a trial and all of the elements of explaining the bilingual issue, or is there some shortcut with supplying the case of R. v Myers as precedent? Should the justice not get this info and automatically toss the case, (unless he/she feels like fighting the appeals court)? Thanks for the help!
Hey all,
The more I read over the Ticket Combat website, the more confident I am with the whole process. Thank you to those who created such an amazing website. Finally the people have the ability to not be intimidated by the system.
That said, I have some questions. My girlfriend is going tomorrow to request a trial.
1) How long until we should request disclosure? I assume wait until the trial date is set, and therefore a prosecutor is assigned to the case?
2) Assuming she attempts to use the Bilingual defense, can she or should she prepare other defenses, ie. the time issue? or will this be seen by the court as grasping at straws?
2b) An idea that I had would be to fight under mens rea. Assuming that she rationally believed that it was after 9am (according to her car clock)? she did not have the knowledge or intent to commit the offense
3) Lastly, Does she need to go through the entire song and dance of a trial and all of the elements of explaining the bilingual issue, or is there some shortcut with supplying the case of R. v Myers as precedent? Should the justice not get this info and automatically toss the case, (unless he/she feels like fighting the appeals court)?
I don't have an answer but just want to share my experience and my thoughts about the similar offences i got 2,3 years ago. 1. I got ticket in toronto for no left turn 7-9Am Mon-Fri against a by-law, fine $18. I did not know about this website nor RFD nor ticketcombat site, of course no disclosure request. I went to court, cop was there, checked in with prosecutor who told me to go sit down. To my surprise, he just dropped the charge after I stated my name in front of JP. 2. Another ticket of the same offence but this one was against HTA, fine $110. I know the stake is higher this time. Again, without disclosure request or any knowlege of fighting ticket, i went to court, (already recognized the cop in court), checked in with the prosecutor, he then asked me what i wanted to do. I hesitated in replying so he told me to go sit down. (The prosecutor came across as a really nice fellow). Watching a series of guilty plea for a lesser charge from the back of the court, i felt intimidated. So when the break came i told the prosecutor that i would plead guilty (shame on me, i did not even ask for a deal). To my surprise when the court resumed he dropped the charge when i was called in front of JP. Looking back i totally didnot understand why my charged were dropped even the cops were there on both cases. was i lucky? After reading ticketombat site about bilingual defence for this type of offence, my thought is that the prosecutor did not want to risk opening a can of worms, a revisit of the Myer's case.
mikeyb wrote:
Hey all,
The more I read over the Ticket Combat website, the more confident I am with the whole process. Thank you to those who created such an amazing website. Finally the people have the ability to not be intimidated by the system.
That said, I have some questions. My girlfriend is going tomorrow to request a trial.
1) How long until we should request disclosure? I assume wait until the trial date is set, and therefore a prosecutor is assigned to the case?
2) Assuming she attempts to use the Bilingual defense, can she or should she prepare other defenses, ie. the time issue? or will this be seen by the court as grasping at straws?
2b) An idea that I had would be to fight under mens rea. Assuming that she rationally believed that it was after 9am (according to her car clock)? she did not have the knowledge or intent to commit the offense
3) Lastly, Does she need to go through the entire song and dance of a trial and all of the elements of explaining the bilingual issue, or is there some shortcut with supplying the case of R. v Myers as precedent? Should the justice not get this info and automatically toss the case, (unless he/she feels like fighting the appeals court)?
Thanks for the help!
I don't have an answer but just want to share my experience and my thoughts about the similar offences i got 2,3 years ago.
1. I got ticket in toronto for no left turn 7-9Am Mon-Fri against a by-law, fine $18.
I did not know about this website nor RFD nor ticketcombat site, of course no disclosure request.
I went to court, cop was there, checked in with prosecutor who told me to go sit down. To my surprise, he just dropped the charge after I stated my name in front of JP.
2. Another ticket of the same offence but this one was against HTA, fine $110. I know the stake is higher this time.
Again, without disclosure request or any knowlege of fighting ticket, i went to court, (already recognized the cop in court), checked in with the prosecutor, he then asked me what i wanted to do. I hesitated in replying so he told me to go sit down. (The prosecutor came across as a really nice fellow).
Watching a series of guilty plea for a lesser charge from the back of the court, i felt intimidated. So when the break came i told the prosecutor that i would plead guilty (shame on me, i did not even ask for a deal).
To my surprise when the court resumed he dropped the charge when i was called in front of JP.
Looking back i totally didnot understand why my charged were dropped even the cops were there on both cases. was i lucky?
After reading ticketombat site about bilingual defence for this type of offence, my thought is that the prosecutor did not want to risk opening a can of worms, a revisit of the Myer's case.
My two cents: You can request disclosure ASAP. The Crown has an obligation to disclose the information to your girlfriend. The sooner, the better, in my view. There are some cases where it is better to wait to request disclosure, but in this case I'd recommend requesting it now. One of the objectives with disclosure is actually not to get it, that way you can have the proceedings quashed. We're now recommending that, if you do not get proper disclosure, apply for a stay at least 20 days in advance of the trial. She can use multiple defences. Bilingual is one of them, and probably should be employed before anything else. Keep the others as a possibility, but the JP would probably view the "time issue" defence with great skepticism. As for the entire song and defence on the bilingual issue, really most JPs should know it by now. Have a full script and notes written out just in case. She should start off in her defence by indicating that the sign she was alleged to have disobeyed is invalid because it is not bilingual and Toronto is a designated bilingual area. The bilingual sign is required by the French Language Services Act and is not compliant with O.Reg 615 for bilingual signage, therefore the charge should not stand, as indicated by the R v Myers case. That should be enough. If not, then launch the full explanation.
My two cents: You can request disclosure ASAP. The Crown has an obligation to disclose the information to your girlfriend. The sooner, the better, in my view. There are some cases where it is better to wait to request disclosure, but in this case I'd recommend requesting it now. One of the objectives with disclosure is actually not to get it, that way you can have the proceedings quashed. We're now recommending that, if you do not get proper disclosure, apply for a stay at least 20 days in advance of the trial.
She can use multiple defences. Bilingual is one of them, and probably should be employed before anything else. Keep the others as a possibility, but the JP would probably view the "time issue" defence with great skepticism.
As for the entire song and defence on the bilingual issue, really most JPs should know it by now. Have a full script and notes written out just in case. She should start off in her defence by indicating that the sign she was alleged to have disobeyed is invalid because it is not bilingual and Toronto is a designated bilingual area. The bilingual sign is required by the French Language Services Act and is not compliant with O.Reg 615 for bilingual signage, therefore the charge should not stand, as indicated by the R v Myers case. That should be enough. If not, then launch the full explanation.
You might want to send the disclosure request by registered mail. I did this recently and it took a lot off my mind. Now I don't have to worry about if they got it or not. No surprises for me later on.
You might want to send the disclosure request by registered mail. I did this recently and it took a lot off my mind. Now I don't have to worry about if they got it or not. No surprises for me later on.
Update: My girlfriend sent in her disclosure request via Fax 3 weeks ago, the Diary date is today. How long should she wait before sending a second request? Should she send the next request via registered mail for more proof that they received it, or is it better to fax and hope that it gets lost in a pile of papers? Should this request have some type of identification that it is a second request, or simply send the same request as before. Assuming that she does not receive anything from this second request, what next? Thank You, p.s: there has not been a trial date set yet... Is this normal? How long should we expect to receive a court date?
Update:
My girlfriend sent in her disclosure request via Fax 3 weeks ago, the Diary date is today. How long should she wait before sending a second request?
Should she send the next request via registered mail for more proof that they received it, or is it better to fax and hope that it gets lost in a pile of papers?
Should this request have some type of identification that it is a second request, or simply send the same request as before.
Assuming that she does not receive anything from this second request, what next?
Thank You,
p.s: there has not been a trial date set yet... Is this normal? How long should we expect to receive a court date?
I would suggest waiting for the trial date to arrive. Do not hurry the proceedings in any way, keep your options open for 11B. File a 2-nd request with registered mail after you receive the trial date, indicate that this is a 2-nd request, can't hurt you. Trial date should have been set sooner, but this works in her favour anyway. Although it might be a good idea to call the courthouse and ask about the trial date.
I would suggest waiting for the trial date to arrive. Do not hurry the proceedings in any way, keep your options open for 11B. File a 2-nd request with registered mail after you receive the trial date, indicate that this is a 2-nd request, can't hurt you. Trial date should have been set sooner, but this works in her favour anyway.
Although it might be a good idea to call the courthouse and ask about the trial date.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
Another Update: Still no word from the court about a trial date. My girlfriend called the court today to ask if there has been a date set and the notice in the mail may have been lost? The recording tells her that due to the Toronto CUPE strike, the phone and mail services are unavailable. Anyone who has a court date set, will proceed as normal, I assume suggesting that no NEW court dates will be scheduled? So either hers has not been scheduled due to the strike, or is it possible that it has been scheduled before the strike but due to the strike, they have not sent any info out to her? They offer an email address to contact but obviously she doesnt want to rush them into scheduling a date.. This strike may allow enough of a backlog to get the tickets tossed.. Any suggestions on what to do... Thanks!
Although it might be a good idea to call the courthouse and ask about the trial date.
Another Update:
Still no word from the court about a trial date. My girlfriend called the court today to ask if there has been a date set and the notice in the mail may have been lost?
The recording tells her that due to the Toronto CUPE strike, the phone and mail services are unavailable. Anyone who has a court date set, will proceed as normal, I assume suggesting that no NEW court dates will be scheduled? So either hers has not been scheduled due to the strike, or is it possible that it has been scheduled before the strike but due to the strike, they have not sent any info out to her?
They offer an email address to contact but obviously she doesnt want to rush them into scheduling a date.. This strike may allow enough of a backlog to get the tickets tossed..
Hello All, Finally, My girlfriend received a notice in the mail about her court date. It is set for March 1st. Which would be 10 or 11 months from the date of the offense. No word about any disclosure. We sent the disclosure request via fax many months ago. I am planning on re-sending the request via registered mail tomorrow. I assume postponing the trial by the 2 months for reason of no-disclosure given will allow her to get off based on the time issue? Thanks all for the help. mikey b
Hello All,
Finally, My girlfriend received a notice in the mail about her court date. It is set for March 1st. Which would be 10 or 11 months from the date of the offense.
No word about any disclosure. We sent the disclosure request via fax many months ago. I am planning on re-sending the request via registered mail tomorrow.
I assume postponing the trial by the 2 months for reason of no-disclosure given will allow her to get off based on the time issue?
Actually, 10 months should be able to qualify you for the 11B without even referring to the disclosure. However, not having a disclosure lets you argue for stay based on "non-disclosure". The prosecutor will try to reschedule the date, and then you can double-wham him with the 11B, AND the fact that you have to come back to court, which costs you money in lost workdays.
Actually, 10 months should be able to qualify you for the 11B without even referring to the disclosure. However, not having a disclosure lets you argue for stay based on "non-disclosure". The prosecutor will try to reschedule the date, and then you can double-wham him with the 11B, AND the fact that you have to come back to court, which costs you money in lost workdays.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
Hello again, It has been a long wait but my girlfriend's trial date is coming up in March. We have still not received any disclosure at this point. She had faxed her first request a while ago, then after some time she had sent another request via registered mail (was received and signed for). In a previous post, someone suggested we file papers a certain amount of time before the trial which by my calculations will be early February. Can you please let me know the steps I need to take and the forms that I need to get in order to have the charges stayed/dropped successfully. Thanks,
Hello again,
It has been a long wait but my girlfriend's trial date is coming up in March. We have still not received any disclosure at this point. She had faxed her first request a while ago, then after some time she had sent another request via registered mail (was received and signed for).
In a previous post, someone suggested we file papers a certain amount of time before the trial which by my calculations will be early February.
Can you please let me know the steps I need to take and the forms that I need to get in order to have the charges stayed/dropped successfully.
This of course assuming that the charged person's mother language was different than the language on the sign, being either English or French and that she/he was able to prove what her mother language was and that she actually couldn't understand the language on the sign. This would be impossible to prove if she were able to read the charge on her ticket. Here's another suggestion---- have her pay the fine and admit to breaking a traffic law, the actuality being that that was exactly the circumstance. The police service does not provide a "car clock setting" service--- that duty is up to the car driver.
mikeyb wrote:
It was in the city of Toronto and it did say Monday-Friday.
I have a feeling that you may suggest the "Bilingual Sign" defense that I read in another post? I dont believe that it was in French, if this was what you were getting at.
What are the other ways of fighting it, I am curious?
I am not hung up on the time thing as a defense as much as just amazed that a Police officer can set his watch back 5 -10 mins and suggest that his/her time is the correct time. In the case of Speeding, if my speedometer reads 60km/h and a police officer claims that I am going 100km/h, he has proof with his radar gun, which has been calibrated. Time on different clocks seems very subjective. There is no way to prove whose TIME is accurate in court, on either side.
This of course assuming that the charged person's mother language was different than the language on the sign, being either English or French and that she/he was able to prove what her mother language was and that she actually couldn't understand the language on the sign. This would be impossible to prove if she were able to read the charge on her ticket.
Here's another suggestion---- have her pay the fine and admit to breaking a traffic law, the actuality being that that was exactly the circumstance. The police service does not provide a "car clock setting" service--- that duty is up to the car driver.
Visit the courthouse and pick up a "4F, Notice of Constitutional Question" form. This website has a good primer on how to file the paperwork: http://www.ticketcombat.com/step4/works.php It also explains the 11B (right to be tried in a reasonable amount of time) issue, and other Charter rights. You will have to do some paperwork, but if two disclosure attempts were made and no reply was received from the Crown, you should be able to get the stay.
mikeyb wrote:
Can you please let me know the steps I need to take and the forms that I need to get in order to have the charges stayed/dropped successfully.
Visit the courthouse and pick up a "4F, Notice of Constitutional Question" form. This website has a good primer on how to file the paperwork:
It also explains the 11B (right to be tried in a reasonable amount of time) issue, and other Charter rights. You will have to do some paperwork, but if two disclosure attempts were made and no reply was received from the Crown, you should be able to get the stay.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Thanks R.I Do I need to pick up/drop off the paperwork from the court where the trial will be held, or any Provincial courthouse? Seems like a LOT of work.. Would anyone suggest paying someone to do the running around and making sure all of the paperwork is done and received properly?
Thanks R.I
Do I need to pick up/drop off the paperwork from the court where the trial will be held, or any Provincial courthouse?
Seems like a LOT of work.. Would anyone suggest paying someone to do the running around and making sure all of the paperwork is done and received properly?
The 4F (Notice of Constitutional Question) form can be picked up at any courthouse... or you can download an editable form here: http://www.ontariocourtforms.on.ca/form ... F_0707.doc I would suggest that you look at ticketcombat's website for instructions on how to complete it. http://www.ticketcombat.com/step4/paperwork.php You have to make sure to file one of the notices with the JP and the Crown Prosecutor at the courthouse where the trial will be held - plus you must serve notice on the Attorneys-General of Canada and Ontario, etc. :shock: It's actually not as hard as it sounds. It just involves a lot of running around the city. That said... Yes. If you want to make sure that it is done properly, hiring a paralegal would be a good idea.
mikeyb wrote:
Do I need to pick up/drop off the paperwork from the court where the trial will be held, or any Provincial courthouse?
The 4F (Notice of Constitutional Question) form can be picked up at any courthouse... or you can download an editable form here:
You have to make sure to file one of the notices with the JP and the Crown Prosecutor at the courthouse where the trial will be held - plus you must serve notice on the Attorneys-General of Canada and Ontario, etc. It's actually not as hard as it sounds. It just involves a lot of running around the city. That said...
mikeyb wrote:
Would anyone suggest paying someone to do the running around and making sure all of the paperwork is done and received properly?
Yes. If you want to make sure that it is done properly, hiring a paralegal would be a good idea.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Hey Everyone, I just realized an issue with my case.. Due to the stupid "family day" holiday, I miscalculated the 15 days notice for the 11b and I am off by one day. (Trial Date is March 1st) My plan was to have it submitted Monday but now after some calculations, with Family day, it would have been needed to be in today (which is obviously too late) Am I screwed? What is going to happen? Is there ANY chance to salvage this? Is there any way to re-schedule the trial to give us the extra days? Thanks for the replies ASAP
Hey Everyone,
I just realized an issue with my case.. Due to the stupid "family day" holiday, I miscalculated the 15 days notice for the 11b and I am off by one day. (Trial Date is March 1st) My plan was to have it submitted Monday but now after some calculations, with Family day, it would have been needed to be in today (which is obviously too late)
Am I screwed? What is going to happen? Is there ANY chance to salvage this? Is there any way to re-schedule the trial to give us the extra days?
Thanks for the help. Is it possible for her to claim that there is a conflict in the date or time and needs to move the trial to later. And that would give her more time to file the papers? Any help is appreciated..
racer wrote:
I would still apply for it, one day late or not, and see what happens.
Thanks for the help. Is it possible for her to claim that there is a conflict in the date or time and needs to move the trial to later. And that would give her more time to file the papers?
If you are moving the trial to a later day by yourself, you are basically waving your right to a speedy trial, so that is not a good idea. If the prosecution causes the delay, that does not count against you. I think that a day late with the holiday being the reason for lateness should not disqualify your 11B application.
If you are moving the trial to a later day by yourself, you are basically waving your right to a speedy trial, so that is not a good idea. If the prosecution causes the delay, that does not count against you. I think that a day late with the holiday being the reason for lateness should not disqualify your 11B application.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
Hey All, Thanks to all those for their help thus far. My girlfriend and I went in today and with the help of the Ticket Combat website we served the prosecution and the clerk with the paperwork for an 11B. Now it is just the waiting game and hope all of the hard work pays off in the end.. Keep up the great work helping people defend themselves against the maze that we call the justice system.
Hey All,
Thanks to all those for their help thus far. My girlfriend and I went in today and with the help of the Ticket Combat website we served the prosecution and the clerk with the paperwork for an 11B.
Now it is just the waiting game and hope all of the hard work pays off in the end.. Keep up the great work helping people defend themselves against the maze that we call the justice system.
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…
It's actually not as hard as it sounds. It just involves a lot of running around the city. That said...
