OK so now i am pissed that i didnt read a site like this beforehand I arrive at the court for my trial date for my go through yellow light ticket. The officer does not show up, the crown corners me outside and states that they are moving my case to another day. i go into the court stand there like a dufus while the crown moves my trial to another die, i was just there wondering heh isnt my ticket supposed to be tossed? Any options i can follow to appeal this? or Any options on my yellow ticket, i was just going to state as it was january and there was melting snow i did not feel i could stop safely.
OK so now i am pissed that i didnt read a site like this beforehand
I arrive at the court for my trial date for my go through yellow light ticket.
The officer does not show up, the crown corners me outside and states that they are moving my case to another day.
i go into the court stand there like a dufus while the crown moves my trial to another die, i was just there wondering heh isnt my ticket supposed to be tossed?
Any options i can follow to appeal this?
or Any options on my yellow ticket, i was just going to state as it was january and there was melting snow i did not feel i could stop safely.
Not sure about appealing. There may be a chance to quash on unreasonable delay of trial, but I can't say for sure at this point. How long ago did you request the trial? Was it January of this year? If they try to corner you and tell you that they're moving the date again, politely tell them "no you're not," and then strenuously object to the JP, telling them that you have sacrificed time off work (again) and the Crown has failed in its obligations to prepare for trial at the required time. Now, as for the charge you're facing, where was the officer when he observed you allegedly disobey the amber light? (Behind, other side of the intersection, cross-traffic?) Have you made a disclosure request yet? Your strategy for the trial should be workable, especially if the officer was not directly behind you when you proceeded through the amber light. Just state, as you were going to, that you were travelling at what you believed was a reasonable and prudent speed for the road conditions given your driving experience, you noticed the amber light, and reached the conclusion that the vehicle could not be stopped safely, so you proceeded with caution. Write down section 144 (15) of the Highway Traffic Act, available here, if you haven't already: http://www.ontariohighwaytrafficact.com/topic76.html Quote it in court; ask the officer if he agrees that this is the section he charged you under. If he was not directly following you, then ask him: Did you drive over the section of road I was on to verify its exact conditions? How can you be sure that I would have been able to safely stop my vehicle? How close could I have been to the intersection to have safely stopped it? Just because he was at the same intersection does not mean that the part he was on had exactly the same level of traction (or lack thereof) that yours did. Stick to your story, show that you complied with the law and then ask for the charge to be dismissed.
Not sure about appealing. There may be a chance to quash on unreasonable delay of trial, but I can't say for sure at this point. How long ago did you request the trial? Was it January of this year?
If they try to corner you and tell you that they're moving the date again, politely tell them "no you're not," and then strenuously object to the JP, telling them that you have sacrificed time off work (again) and the Crown has failed in its obligations to prepare for trial at the required time.
Now, as for the charge you're facing, where was the officer when he observed you allegedly disobey the amber light? (Behind, other side of the intersection, cross-traffic?) Have you made a disclosure request yet?
Your strategy for the trial should be workable, especially if the officer was not directly behind you when you proceeded through the amber light. Just state, as you were going to, that you were travelling at what you believed was a reasonable and prudent speed for the road conditions given your driving experience, you noticed the amber light, and reached the conclusion that the vehicle could not be stopped safely, so you proceeded with caution.
Write down section 144 (15) of the Highway Traffic Act, available here, if you haven't already:
Quote it in court; ask the officer if he agrees that this is the section he charged you under. If he was not directly following you, then ask him: Did you drive over the section of road I was on to verify its exact conditions? How can you be sure that I would have been able to safely stop my vehicle? How close could I have been to the intersection to have safely stopped it? Just because he was at the same intersection does not mean that the part he was on had exactly the same level of traction (or lack thereof) that yours did. Stick to your story, show that you complied with the law and then ask for the charge to be dismissed.
thanks for the great reply lots of information the crown gave me a disclosure form to fill out at my first trial date, which i did 3 weeks ago but havent received anything. should i let this slide till the trial and rack up an adjournment if they try and give the discosure at the trial? Can i file for disclosure of the officers pay records for the week of the trial to see if he claimed a sick day, or got paid his overtime for the trial day which he did not show up?
thanks for the great reply lots of information
the crown gave me a disclosure form to fill out at my first trial date, which i did 3 weeks ago but havent received anything.
should i let this slide till the trial and rack up an adjournment if they try and give the discosure at the trial?
Can i file for disclosure of the officers pay records for the week of the trial
to see if he claimed a sick day, or got paid his overtime for the trial day which he did not show up?
Voretik, you need to give more info so people can help you. what was the offence date and where was it? what was your first trial date? where was the court? what is your next trial date that they put off to?
Voretik, you need to give more info so people can help you.
what was the offence date and where was it?
what was your first trial date? where was the court?
what is your next trial date that they put off to?
Make another disclosure request, but make sure it is in writing either via fax or certified mail. If they still fail to give you disclosure, 15 days in advance of your new trial date, file a motion for a stay based on no disclosure. That way the charge is dead. You can make a disclosure request for anything, but whether you're entitled to as part of your defence is a different matter. In this case, I don't think a JP would agree that it would make any difference to your defence, so they likely won't toss the charge on the grounds of improper disclosure if you don't receive the pay records.
verotik wrote:
should i let this slide till the trial and rack up an adjournment if they try and give the discosure at the trial?
Make another disclosure request, but make sure it is in writing either via fax or certified mail. If they still fail to give you disclosure, 15 days in advance of your new trial date, file a motion for a stay based on no disclosure. That way the charge is dead.
verotik wrote:
Can i file for disclosure of the officers pay records for the week of the trial
to see if he claimed a sick day, or got paid his overtime for the trial day which he did not show up?
You can make a disclosure request for anything, but whether you're entitled to as part of your defence is a different matter. In this case, I don't think a JP would agree that it would make any difference to your defence, so they likely won't toss the charge on the grounds of improper disclosure if you don't receive the pay records.
my latest court date is tomorrow, and i havent received the crowns disclosure forms, from what i have been reading if they pawn it on me tomorrow i should ask for a stay?
my latest court date is tomorrow, and i havent received the crowns disclosure forms, from what i have been reading if they pawn it on me tomorrow i should ask for a stay?
To request a stay you must actually make an application at least 20 days in advance of your court date. The justice may not grant you one. However, you can force an adjournment or a withdrawl. Refuse to accept anything from the prosecutor before trial if they try to hand you something. When it's your turn up to bat, state you did not receive disclosure. They may try and pressure you. They may ask "what do you want to do?" State you have not received any evidence of guilt, so how can there be a trial? Mention there has already been one adjournment. A second one would be unfair (it isn't really, but say it anyway) and the Crown is attempting to prosecute the charge through attrition, forcing delay after delay in order to wear you down, miss work, pay an economic price for your innocence and appear at court unprepared for trial. This is unacceptable. Then ask the justice, "what do you want to do about this?" Watch their faces. Enjoy.
To request a stay you must actually make an application at least 20 days in advance of your court date. The justice may not grant you one. However, you can force an adjournment or a withdrawl. Refuse to accept anything from the prosecutor before trial if they try to hand you something. When it's your turn up to bat, state you did not receive disclosure.
They may try and pressure you. They may ask "what do you want to do?" State you have not received any evidence of guilt, so how can there be a trial? Mention there has already been one adjournment. A second one would be unfair (it isn't really, but say it anyway) and the Crown is attempting to prosecute the charge through attrition, forcing delay after delay in order to wear you down, miss work, pay an economic price for your innocence and appear at court unprepared for trial. This is unacceptable. Then ask the justice, "what do you want to do about this?"
I arrived for court nice and early, i had my lil one with me so we were waiting outside quite a while. At my turn they started off if i was ready for my trial etc. No i have not received disclosure from the crown, which she promptly gave me her sheet, the JP asked if i need time to read it lol. I said yes, i would like to request to adjourn to another day to have time to read it. She had expected me to read it right there while standing there! So i go back on Sept 9th still not long enough of a delay to get it tossed so i will have to say what i wanted to say the first time when the cop didnt show up. "your honor i did not feel it was safe to stop on the wet pavement at the yellow light" Today was all about me having them jump through my adjournment hoop. having it tossed would have been nice but heh
I arrived for court nice and early, i had my lil one with me so we were waiting outside quite a while.
At my turn they started off if i was ready for my trial etc. No i have not received disclosure from the crown, which she promptly gave me her sheet, the JP asked if i need time to read it lol. I said yes, i would like to request to adjourn to another day to have time to read it. She had expected me to read it right there while standing there!
So i go back on Sept 9th still not long enough of a delay to get it tossed so i will have to say what i wanted to say the first time when the cop didnt show up. "your honor i did not feel it was safe to stop on the wet pavement at the yellow light"
Today was all about me having them jump through my adjournment hoop. having it tossed would have been nice but heh
i wish i had checked on here again this morning before court i would have loved to say that. like someone said in another thread, that yellow ticket is an invitation to play the game.. lol
ticketcombat wrote:
To request a stay you must actually make an application at least 20 days in advance of your court date. The justice may not grant you one. However, you can force an adjournment or a withdrawl. Refuse to accept anything from the prosecutor before trial if they try to hand you something. When it's your turn up to bat, state you did not receive disclosure.
They may try and pressure you. They may ask "what do you want to do?" State you have not received any evidence of guilt, so how can there be a trial? Mention there has already been one adjournment. A second one would be unfair (it isn't really, but say it anyway) and the Crown is attempting to prosecute the charge through attrition, forcing delay after delay in order to wear you down, miss work, pay an economic price for your innocence and appear at court unprepared for trial. This is unacceptable. Then ask the justice, "what do you want to do about this?"
Watch their faces. Enjoy.
i wish i had checked on here again this morning before court i would have loved to say that.
like someone said in another thread, that yellow ticket is an invitation to play the game.. lol
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.
Any suggestions on how to handle this? I can't afford to spend a day at the court 
