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Ontario Highway Traffic Act

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PostPosted: Fri Jun 19, 2009 7:35 pm 
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Dimension7 wrote:
Even after having his notes I don't know exactly where he was positioned when he allegedly saw me run the light. Without knowing his exact position, how am I supposed to challenge his "visibility" without positioning myself where he was and see for myself whether his statements are correct. :shock:

There has to be a way that one can get this information before going to court?
You can request this information in one of two ways, you can ask to interview the witness prior to trial (ask the Crown to attend the session as well). They will never take you up on this. OR two, you can request that the officer offer more detail to the following questions...

You do either of these in a letter to the Crown. I usually just tack it on to a disclosure request.

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PostPosted: Mon Jul 06, 2009 1:19 pm 
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I am getting ready to file a Section 7 stay this week and was wondering if the Factum is a must to file?
I am quite unclear regarding this document and seems quite complicated to prepare.

Am I able to file a valid Section 7 stay including only the Affidavit and Form 4F?


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PostPosted: Wed Jul 22, 2009 6:14 pm 
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I have filed my section 7 application ... will let you guys know how that goes.

I am looking at the Offence Notice and under the "print name" section he has put only 4 letters "PC . ."
I assume this to mean Police Constable and maybe his two initials (maybe it's his unit's initials, don't know)? Is this OK, not to have the officer's name on the ticket (not provided on disclosure either ...).

Thanks.


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PostPosted: Thu Jul 23, 2009 10:44 am 
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Dimension7 wrote:
...(maybe it's his unit's initials, don't know)?


Fighting the urge to make a joke...


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PostPosted: Thu Jul 23, 2009 2:04 pm 
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:shock: :roll:


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PostPosted: Fri Jul 24, 2009 12:49 am 
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Several years ago I was in a similar situation to you Dimension... I measured the distance and had all of my information at hand. I had NOT gone through an amber light as accused. Once I was in court the JP running the show said " You may believe you did not go through an amber light but our police officers are not paid to lie" Needless to say this Lying cop lived to serve another false allegation. Good Luck with your situation... I hope you get an honourable JP..... miracles do happen they tell me !!! :lol:


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PostPosted: Fri Jul 24, 2009 8:27 pm 
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I just recently got a ticket for "Amber: Fail to Stop" so I am in the same boat as you. I have written down everything that happened and have taken pictures of the location so I wouldnt forget anything.


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PostPosted: Fri Jul 24, 2009 8:42 pm 
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Well when you get chance to put your questions to your accuser maybe ask him if he belives the charge is a valid cause of action... he will say yes.... then ask him what are the elements of a valid cause of action..... he wont have a clue !!! and if he does you have won your case... because he will proceed to tell you that which does not apply to you.... but before you get that far the judge or prosecutor will say ''objection''' as they wont want you going down that path... but you still can of course..if you know what to say !


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