No written notes only In car camera from police

argyll
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Re: No written notes only In car camera from police

Unread post by argyll on

Are you planning on testifying?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


voltz123
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Unread post by voltz123 on

highwaystar wrote:
fisherman7351 wrote:...
I don't see why you say what you said here. Are you trying to scare me to plea guilty????
I really don't need your bull ****
Its not bull **** if its true. Don't be so sensitive. :lol:
fisherman7351 wrote: Satutory fine ???? What kind of bull*** is that??? If I lose the case, I pay whatever on the ticket. Unless the judge want to risk his cosy job, I dare him to increase the set fine... What make you think that they can increase the fine because I fought them too hard?? I have the right to defend myself.
Clearly, you have no concept of how the fine system works. Statutory fines apply the moment you go in to court. In your case, section 214 applies. That means, a minimum of $60 (which almost never happens with that charge!) to a maximum of $500. Generally, you can expect between $200-400 (depending on several factors).

I only wish I could be in attendance to see you DARE the JP to increase the fine beyond the set fine. Clearly, you haven't read case law. The set fine is simply NOT applicable and it is an error of law for a JP to just 'rubber stamp' and order the set fine. They certainly CAN order an amount equivalent to the set fine (but that's simply because its within the statutory range). The trend lately is to order a higher fine.
fisherman7351 wrote: I have filed 11b challenge and hand delivered them to Ag Canada, Ontario, Prosecutor and Court all in one day.
Good for you. Hopefully you'll learn a lot about the system from going through the effort of doing a Charter application. I hope you 'perfected' your application so that it is actually heard by the court. Of course, I suspect you also haven't read the latest Supreme Court decision on 11b delays in courts (I'd cite the decision for you but I don't want to scare you any further!). A 10 month delay will simply be laughed at by the court. So, good luck with your application! :roll:

So, in conclusion, you've clearly shown your ignorance in law thus far and even more so towards those trying to steer you in the right direction. I therefore suspect that unless the case has a serious evidentiary flaw, you'll be outplayed very quickly by any experienced prosecutor! There ARE ways to attack these cases (and case law) to back it up. But, given that you don't want any bull ****, scare easy, and seem to think you know it all----I'll refrain from offering any more suggestions. I've already taught you about 11B delays, statutory fines, AND by-law requirements. That's enough education for one case! :mrgreen:


screeech
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Unread post by screeech on

"If I lose the case, I pay whatever on the ticket. Unless the judge want to risk his cosy job, I dare him to increase the set fine"
This guy is a hoot...I beg you sir, please post the time, date and location of your trial


OTD Legal
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Unread post by OTD Legal on

screeech wrote:"If I lose the case, I pay whatever on the ticket. Unless the judge want to risk his cosy job, I dare him to increase the set fine"
This guy is a hoot...I beg you sir, please post the time, date and location of your trial
As a word of caution to the original poster... Failure to pay the fine allocated by the Court within the given payment period will generally result in your driver's licence being suspended for non-payment. To be able to legally drive again, you would need to pay the outstanding fine (plus any additional interest or costs), wait approximately one week, and then pay the $180 reinstatement fee to the MTO. Your driving history would also show a record of that suspension. If you continued to drive despite the licence suspension you would face (assuming a first offence for Drive Under Suspension) a total payable fine ranging between $1,250 and $6,250, a mandatory 6 month licence suspension, and possible imprisonment.

Neither myself, nor the other posters here have any vested interest in scaring you. However, you have multiple knowledgeable resources that are being candid with you regarding the law and the court process.




The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


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