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Ontario Highway Traffic Act

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Strange 159(3)
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PostPosted: Tue May 24, 2016 10:05 pm 
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I was driving along, 2 squad cars had someone pulled over. I slowed down to change lanes, still about 50 feet away, had my signal on and the office walked out of her vehicle, and pulled me over with her hands. I asked her why I was being pulled over and she said I did not change lanes for an emergency vehicle. We started to argue, which I filmed, and she admitted she saw me trying to change lanes and the car beside me but said it was "nice and sunny" and should have changed lanes sooner. I never even drove past the car or came close.

Any help or case law on this would be great

thanks.


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Re: Strange 159(3)
PostPosted: Wed May 25, 2016 7:59 am 
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159(3) reads
Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light or a tow truck with its lamp producing intermittent flashes of amber light that is stopped on a highway with two or more lanes of traffic on the same side of the highway as the side on which the emergency vehicle or tow truck is stopped, the driver of a vehicle travelling in the same lane that the emergency vehicle or tow truck is stopped in or in a lane that is adjacent to the emergency vehicle or tow truck, in addition to slowing down and proceeding with caution as required by subsection (2), shall move into another lane if the movement can be made safely.

This section does not say you have to change lanes a specific distance before you reach the vehicles.

So I would definitely plead NOT GUILTY and request a TRIAL with officer present. Once you get your notice of trial with the trial date, you can request disclsoure (officers notes). Once you get the officers notes, post them here so we can review.

As far as the video is concerned, you need to transfer the video onto a USB stick and then bring a laptop to court with you that will play the video on the USB stick. You will need to leave the video with the court as evidence, so if you bring the original device they want to keep it, or if you bring it saved on a laptop they will want to keep the laptop so this is why you need to have it on a USB stick so you can leave the USB stick and take your laptop back home with you. You can get USB stick from Staples for $6.

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+++ This is not legal advice, only my opinion +++


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Re: Strange 159(3)
PostPosted: Wed Aug 03, 2016 10:33 pm 
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I have my court date next Tuesday, never received my disclosure.... I guess I will be getting a new date pending the officer shows up.


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Re: Strange 159(3)
PostPosted: Thu Aug 04, 2016 9:26 am 
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You will not recieve disclosure unless you request for it in advance. If you did, Great, your trial will be posponed and will not be used against you. If not, they can use the delay against you if you try to apply for an 11b (if the trial takes longer than 11 months).


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Re: Strange 159(3)
PostPosted: Thu Aug 04, 2016 7:54 pm 
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UnluckyDuck wrote:
You will not recieve disclosure unless you request for it in advance. If you did, Great, your trial will be posponed and will not be used against you. If not, they can use the delay against you if you try to apply for an 11b (if the trial takes longer than 11 months).


I filed for disclosure June 5th...... My question is whether I have to file for disclosure again after the court date?


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Re: Strange 159(3)
PostPosted: Thu Aug 04, 2016 9:58 pm 
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Most likely they will have it for on the day of trial. You can still say you just got it that day so have not had time to prepare and need another date.

If they do not have it, then you can ask JP to order them to get it for you. No, you do not need to file it again, although I would send a reminder anyways and keep on file that you sent it.

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Re: Strange 159(3)
PostPosted: Tue Aug 09, 2016 1:47 pm 
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Went to court today, I never received disclosure but I was told that court would not have time for my trial as the person ahead of me needs a interpreter and it will take too long. My next trial date is for March 9th.... Which leads me as to whether I am able to file for a section 11b?

Infraction date was January 14
Pleaded Innocent January 27th
Trial today August 9th
New trial date is March 9th

This puts me 13 months away from my infraction date as well as my plea date.

Any help would be great, thanks.


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Re: Strange 159(3)
PostPosted: Tue Aug 09, 2016 2:37 pm 
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Yes that sounds like you should be able to apply for 11b and succeed.

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Re: Strange 159(3)
PostPosted: Mon Feb 27, 2017 7:02 pm 
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I think I may have gotten lucky today.

I called 2 weeks ago and they said they had my disclosure package ready. I showed up in person to pick it up and they said they lost it and would have to re-request it. Considering my trial date is March 9th, I am guessing I don't have to continue chasing the prosecutor after 2 requests, and 1 phone call?

The lady at the window refused to sign an affidavit that I was there but I took down her name and what time I was there.


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Re: Strange 159(3)
PostPosted: Wed Mar 01, 2017 12:36 am 
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As I stated in another thread, my wife will not be attending. My main question now is whether she has to be present for me to stand up and say that I never received her disclosure as her representative. The Last time I was in court, the Judge asked if she was present.

Since they lost my disclosure I would imagine that I will stand up and tell them I am not prepared to proceed as my disclosure was never sent.

Another thing I thought was weird was that when I called, they said there was no phone number on my request so they could not let me know the package is ready. I just said I would like correspondence via mail....


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Re: Strange 159(3)
PostPosted: Wed Mar 01, 2017 10:15 am 
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It is up to you to check if disclosure is ready and it is not up to the prosecutions office to hunt you down. I always put a mailing address, phone number and an email address on my requests though anyways. But the fact that they lost it is the issue, not the fact that you did not leave them a phone number because you called and they said it was ready.

When you go to trial, just have a signed letter from your wife with you that says the following:

DATE:

AGENT and REPRESENTATIVE

Please be advised that I, ____________________________, give __________________________ permission to act on my behalf as my agent and to represent me in the above matter.

Thank you
(signature)
NAME
ADDRESS


I have a occaissionally heard that some JP's will give people a hard time about representing a friend of family member, so you should take a copy of the following with you as well just in case:

LAW SOCIETY ACT

Interpretation
1. (1) In this Act, “person who is authorized to provide legal services in Ontario” means, (b) a person who is not a licensee but is permitted by the by-laws to provide legal services in Ontario;

Exception, non-licensee practising law or providing legal services
26.1 (5) A person who is not a licensee may practise law or provide legal services in Ontario if and to the extent permitted by the by-laws.

Same
26.1 (7) A person who is not a licensee may hold themself out as, or represent themself to be, a person who may provide legal services in Ontario, if,
(a) the by-laws permit the person to provide legal services in Ontario; and
(b) the person specifies, in the course of the holding out or representation, the restrictions, if any,
(i) on the areas of law in which the person is authorized to provide legal services, and
(ii) on the legal services that the person is authorized to provide.



LSUC BY-LAW 4 - PART V - PROVIDING LEGAL SERVICES WITHOUT A LICENCE

Providing Class P1 legal services without a licence
30. The following may, without a licence, provide legal services in Ontario that a licensee who holds a Class P1 licence is authorized to provide:

Acting for friend or neighbor
30. 4. An individual,
i. whose profession or occupation is not and does not include the provision of legal services or the practice of law,
ii. who provides the legal services only for and on behalf of a friend or a neighbour,
iii. who provides the legal services in respect of not more than three matters per year, and
iv. who does not expect and does not receive any compensation, including a fee, gain or reward, direct or indirect, for the provision of the legal services.

Acting for family
30. 5. An individual,
i. whose profession or occupation is not and does not include the provision of legal services or the practice of law,
ii. who provides the legal services only for and on behalf of a related person, within the meaning of the Income Tax Act (Canada), and
iii. who does not expect and does not receive any compensation, including a fee, gain or reward, direct or indirect, for the provision of the legal services.

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+++ This is not legal advice, only my opinion +++


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Re: Strange 159(3)
PostPosted: Wed Mar 01, 2017 12:01 pm 
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I also recorded the phone call of her telling me she had the disclosure package, so I can use that to prove that they had it, but I only have my dash cam video of me pulling into the courthouse on February 27th as I know I cannot film on private property.


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Re: Strange 159(3)
PostPosted: Wed Mar 01, 2017 2:07 pm 
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Courthouse is not private property, it is public property.

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Re: Strange 159(3)
PostPosted: Wed Mar 01, 2017 2:29 pm 
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jsherk wrote:
Courthouse is not private property, it is public property.


Damn, I should have recorded myself communicating with her. If she denies me showing up, not sure how I can prove I was there other than me pulling up in my car......


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Re: Strange 159(3)
PostPosted: Wed Mar 01, 2017 2:40 pm 
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Now there are sometimes rules posted saying you can not record on public property, however you can do so secretly and do not have to admit that you are recording if somebody asks.

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+++ This is not legal advice, only my opinion +++


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