Appeal Red light conviction

hashe31us
Jr. Member
Jr. Member
Posts: 29
Joined:

Re: Appeal Red light conviction

Unread post by hashe31us on

argyll wrote:The issue is the date that the notes were made. The error from disclosure is that the date wasn't included, but there would have been a date. What sometimes happens is an officer writes the date at the start of the shift and then makes pages of notes. My best practice was to photocopy the date page and then attach it to the actual incident notes. It appears as if this did not happen. That would have been your line of questioning at the trial, asking when the notes were made. The fact that you didn't get them through FOI is a complaint against that process, not the disclosure which you DID receive and had an opportunity to cross-examine and ask the officer when they were made.

No officer is going to perjure themselves and say they made their notes at the time when they actually made them 20 days later as it would be so easy to find out - that's why notebook pages are numbered. Why would they risk a $100k a year job for a traffic ticket ? You had the opportunity to question what date the notes were made when the officer was on the stand ? Did you ask him when they were made ? Did you ask him to show you the date entry ? If not then that is a poor presentation of evidence to support your case, not a ground for a successful appeal.

The crown asked him and he said he wrote it right away. I am not sure if the ticket is same for RCMP and other force but it appears he wrote it in the back of the ticket.


lolwut
Jr. Member
Jr. Member
Posts: 30
Joined:

Unread post by lolwut on

Did you cross examine the officer? If not why not? If you failed to do so, that is not grounds for an appeal.


hashe31us
Jr. Member
Jr. Member
Posts: 29
Joined:

Unread post by hashe31us on

lolwut wrote:Did you cross examine the officer? If not why not? If you failed to do so, that is not grounds for an appeal.
I did cross examine him.


hashe31us
Jr. Member
Jr. Member
Posts: 29
Joined:

Unread post by hashe31us on

jsherk wrote:You can file your appeal immediately after your trial finishes so you do not need to wait for any notices.

You only have so many days (30 I think) to file the appeal from the date of your trial.

You should call the provincial offences office and ask them how to file the appeal (whether in person or by mail).
The reason is in not sure if the judge added 5$ court cost to the original ticket set fine.? Do they usually add it?


jsherk
High Authority
High Authority
Posts: 1722
Joined:

Unread post by jsherk on

Your original ticket wil have a SET FINE and a TOTAL PAYABLE.

The TOTAL PAYBLE usually is the SET FINE + Court Costs + Victim Surcharge.

When convicted at trial, for some offences the JP can use a Statuatory Fine instead of the Set Fine. Anyways you would have ask the Provincial Offences Office for the final breakdown of whatever they say you owe, and they will be able to tell you the Fine amount, the Court Cost amount and the Victim Surcharge amount.
+++ This is not legal advice, only my opinion +++


hashe31us
Jr. Member
Jr. Member
Posts: 29
Joined:

Unread post by hashe31us on

I want to serve the transcript to prosecutor but because RCMP issued the ticket I don't know should I give it to Federal persecutor?


hashe31us
Jr. Member
Jr. Member
Posts: 29
Joined:

Unread post by hashe31us on

jsherk wrote:Your original ticket wil have a SET FINE and a TOTAL PAYABLE.

The TOTAL PAYBLE usually is the SET FINE + Court Costs + Victim Surcharge.

When convicted at trial, for some offences the JP can use a Statuatory Fine instead of the Set Fine. Anyways you would have ask the Provincial Offences Office for the final breakdown of whatever they say you owe, and they will be able to tell you the Fine amount, the Court Cost amount and the Victim Surcharge amount.

So I got my transcript. RCMP officer was enforcing the traffic in Federal Roadway, but he charged me with Ontario Highway traffic act.


jsherk
High Authority
High Authority
Posts: 1722
Joined:

Unread post by jsherk on

What is a "Federal Roadway"? Where is this defined?

The Ontario Highway Traffic Act says that to be found guilty of speeding, one of the things that must be proven is that you were on a "highway".

In the HTA, Highway is defined as:
- includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof

So most likely a federal roadway would qualify as a highway.
+++ This is not legal advice, only my opinion +++


hashe31us
Jr. Member
Jr. Member
Posts: 29
Joined:

Unread post by hashe31us on

jsherk wrote:What is a "Federal Roadway"? Where is this defined?

The Ontario Highway Traffic Act says that to be found guilty of speeding, one of the things that must be proven is that you were on a "highway".

In the HTA, Highway is defined as:
- includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof

So most likely a federal roadway would qualify as a highway.
In Ottawa we have places like National research consul this are excluded from Ontario law because these are under Federal jurisdiction.


User avatar
Decatur
Moderator
Moderator
Posts: 697
Joined:

Posting Awards

Moderator

Unread post by Decatur on

They actually aren't "excluded form Ontario law"
The GPTR simply allows the issuing of Provinal Offence notices on federal property in any Province and says that the provinicial laws where that property is located are in effect.
A common example are the offence notices issued on Canadian Forces Bases.

http://laws-lois.justice.gc.ca/eng/regu ... .,_c._887/


hashe31us
Jr. Member
Jr. Member
Posts: 29
Joined:

Unread post by hashe31us on

If I ask the crown to change it from 144(18) to Red light camera and she accepts,
Is it going to my driving license record? I am not the owner of the car but I am the driver.


hashe31us
Jr. Member
Jr. Member
Posts: 29
Joined:

Unread post by hashe31us on

What would be the best deal I can get from the crown?


hashe31us
Jr. Member
Jr. Member
Posts: 29
Joined:

Unread post by hashe31us on

I got a ticket and went to trial and court ruled against me, I filed a motion to appeal. Also, the court extended the due date to pay the ticket to 30 Nov 2017
Today I went to appeal court and the court dismissed my appeal. Do I still have time to pay the ticket until 30 Nov 2017?






Post Reply

Return to “Failing to yield the right-of-way”