Just reading POA Section 34 (2) which says: "The court may, during the trial, amend the information or certificate as may be necessary if the matters to be alleged in the proposed amendment are disclosed by the evidence taken at the trial." http://www.ontario.ca/laws/statute/90p33#BK50 So this suggests to me that they cannot amend the ticket back up at the trial until AFTER the officer actually testifies on the stand of the actual speed you were going versus the lower speed that they ticketed you for. Then this means that if they try to amend the ticket up at the start of the trial BEFORE the officer has testified, you can object! The reason I would object is because if the JP still allows the amendment, then this is good point to appeal on. If the JP agrees with objection and does not allow the amendment at that time, then there is still a small chance the prosecutor will forget to request the amendment later in the trial. Thoughts and comments?
Just reading POA Section 34 (2) which says:
"The court may, during the trial, amend the information or certificate as may be necessary if the matters to be alleged in the proposed amendment are disclosed by the evidence taken at the trial."
So this suggests to me that they cannot amend the ticket back up at the trial until AFTER the officer actually testifies on the stand of the actual speed you were going versus the lower speed that they ticketed you for.
Then this means that if they try to amend the ticket up at the start of the trial BEFORE the officer has testified, you can object! The reason I would object is because if the JP still allows the amendment, then this is good point to appeal on. If the JP agrees with objection and does not allow the amendment at that time, then there is still a small chance the prosecutor will forget to request the amendment later in the trial.
They don't try to amend it before the trial. They simply give the accused notification before they plea that they will be amending it up if they enter a not guilty plea. This also lets the JP know that the accused was fully informed about the possibility of an amendment. This is from a lengthy thread earlier this year: http://www.ontariohighwaytrafficact.com/topic6956.html "As per the Winlow decision, the prosecutor must give you the Winlow Warning (notice) BEFORE you are arraigned (i.e. enter your plea). While the prosecution can certainly notify you of their intention to 'amend up' (Winlow Warning) anytime before you plea, in practice they usually wait to see you in person---either at your resolution meeting or on the day of your trial. If they notify you on your trial date, then you are entitled to an adjournment (so as to re-consider your legal options in light of the change in circumstances). That's an entitlement set out right from the Winlow decision. In practice, this is how it usually happens. Before you enter your plea, the prosecutor notifies you and the court that they anticipate they will be seeking an amendment to raise the rate of speed on the certificate based upon the evidence that is given. That lets the JP know that the prosecutor is planning to seek an amendment the moment the officer testifies to a higher rate of speed. The JP then asks you if you are aware of what that means and may offer you an adjournment to re-consider your position. If you turn down the offer to adjourn and say you want to proceed, then they will arraign you on the charge of speeding as it is stated on your ticket. Once the officer testifies about the higher rate of speed, the prosecutor will then move (request) to amend the certificate to the higher rate of speed. Now, to address your other question, there is nothing that prevents you from simply entering a plea of guilty BEFORE the certificate is amended. That is, if on your trial date the officer shows up and the prosecutor gives you your Winlow warning, you can still plead guilty before they amend up. Of course, it is always wise to let the prosecutor know that you'll be pleading guilty so that they don't attempt to make the amendment BEFORE you plea and to hopefully allow you to get out of court early. Otherwise, you could be sitting in court all day while they go through their list, under the assumption that your case will be proceeding to trial. However, keep in mind that if you ARE planning to plead guilty, then it makes more sense to simply pay the fine before you even have to enter a plea. That's because if you simply pay the fine, the amounts used are the 'set fine' rates. If however you plead guilty in court, then they must use the 'statutory rates'; which are always higher."
They don't try to amend it before the trial. They simply give the accused notification before they plea that they will be amending it up if they enter a not guilty plea. This also lets the JP know that the accused was fully informed about the possibility of an amendment.
"As per the Winlow decision, the prosecutor must give you the Winlow Warning (notice) BEFORE you are arraigned (i.e. enter your plea). While the prosecution can certainly notify you of their intention to 'amend up' (Winlow Warning) anytime before you plea, in practice they usually wait to see you in person---either at your resolution meeting or on the day of your trial. If they notify you on your trial date, then you are entitled to an adjournment (so as to re-consider your legal options in light of the change in circumstances). That's an entitlement set out right from the Winlow decision.
In practice, this is how it usually happens. Before you enter your plea, the prosecutor notifies you and the court that they anticipate they will be seeking an amendment to raise the rate of speed on the certificate based upon the evidence that is given. That lets the JP know that the prosecutor is planning to seek an amendment the moment the officer testifies to a higher rate of speed. The JP then asks you if you are aware of what that means and may offer you an adjournment to re-consider your position. If you turn down the offer to adjourn and say you want to proceed, then they will arraign you on the charge of speeding as it is stated on your ticket. Once the officer testifies about the higher rate of speed, the prosecutor will then move (request) to amend the certificate to the higher rate of speed.
Now, to address your other question, there is nothing that prevents you from simply entering a plea of guilty BEFORE the certificate is amended. That is, if on your trial date the officer shows up and the prosecutor gives you your Winlow warning, you can still plead guilty before they amend up. Of course, it is always wise to let the prosecutor know that you'll be pleading guilty so that they don't attempt to make the amendment BEFORE you plea and to hopefully allow you to get out of court early. Otherwise, you could be sitting in court all day while they go through their list, under the assumption that your case will be proceeding to trial.
However, keep in mind that if you ARE planning to plead guilty, then it makes more sense to simply pay the fine before you even have to enter a plea. That's because if you simply pay the fine, the amounts used are the 'set fine' rates. If however you plead guilty in court, then they must use the 'statutory rates'; which are always higher."
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
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I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
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Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
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This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
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Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
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Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
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Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…
