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.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
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…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…
It's actually not as hard as it sounds. It just involves a lot of running around the city. That said...
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