Hi, Part of the strategy described on ticketcombat.com ( http://www.ticketcombat.com/step5/nonsuit.php ) is that most traffic charges in urban areas need a corresponding by-law. The example given is speeding in a community safety zone. In that case, it's quite clearly stated in the highway traffic act that a by-law is required: 214.1 (1) The council of a municipality may by by-law designate a part of a highway under its jurisdiction as a community safety zone if, in the councils opinion, public safety is of special concern on that part of the highway. 1998, c. 6, s. 1. In my case, the charge was failing to obey a (no u-turn) traffic sign (182.2). That regulation, as far as I can see, makes no mention of requiring a by-law. Should I still propose a Motion of Non-Suit if I don't get a by-law in the disclosure? I'm asking because ticketcombat.com says that "almost any traffic charge in urban areas, especially parking infractions [require a by-law]. In all these cases, you are being charged based on a by-law regulating traffic (speed, turns, construction zones, stop signs, etc.)". Thanks
Short answer to your question: No. But... a while ago, when observing a trial, I saw a case stayed for non-disclosure because the Crown did not provide the defendant with a copy of the by-law. The Crown argued that the existence of the sign was "prima facie" evidence of the existence of the by-law, some sort of case law cited. They went back and forth but the JP finally stayed the charge. That was for a "disobey sign," though. I've heard of cases where it hasn't worked, too.
case law wrote:
Has anyone here successfully used the by-law argument in court for a stop sign yet?
Short answer to your question: No. But... a while ago, when observing a trial, I saw a case stayed for non-disclosure because the Crown did not provide the defendant with a copy of the by-law. The Crown argued that the existence of the sign was "prima facie" evidence of the existence of the by-law, some sort of case law cited. They went back and forth but the JP finally stayed the charge. That was for a "disobey sign," though. I've heard of cases where it hasn't worked, too.
I'm going to try the by-law defense this upcoming Monday...third appearance for the same ticket. This time I'm asking for a trial, and if they run out of time I have a rock solid 11B.
I'm going to try the by-law defense this upcoming Monday...third appearance for the same ticket. This time I'm asking for a trial, and if they run out of time I have a rock solid 11B.
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and…
Back in April my wife got a 76 in a 50 charge and the officer knocked it down to 60 in a 50.
Checked the ticket but no fatal errors. Asked for trial and requested disclosure. Got the full radar manual and officers notes. His notes were pretty much bullet proof with tracking history and the TEST…
I have a charge of Stop at through highway: 136. (1) Every driver or street car operator approaching a stop sign at an intersection,
(b) shall yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely that to proceed would constitute an…
Long story short. Got a speeding ticket last July 07 and asked for disclosure. It never came. Went to court In january and explained this but I had no proof. So an adjournment was granted to May 30 to obtain disclosure. Received a notice in the mail that officer will be on vacation that week.…
I just got a ticket for improper right turn . it happens on HY403 and Eglinton - Mississauga.
I'm from London,ON, the cop did not ask any questions and he came back with a ticket and he said "you are from London,ON!" I said yes. Then he said something I did not understand but then…
I am hoping to get advice on how to proceed with my defence regarding a ticket I received for improper use of a high occupancy vehicle lane on an interprovincial bridge between Hull, QC and Ottawa, ON. The ticket was given in Ottawa by the Ottawa Police.
So I was pulled over this morning and slammed with a ticket of 132 in posted 100 on hwy - which is the speed he claimed I was going (didnt drop at all)... I asked why he didnt drop it at all? The PO insisted I fight it. I replied I didnt have the time to get off work. He continued to insist I fight…