HTA Information

Moderators: admin, hwybear, Radar Identified, Reflections, Decatur, bend

Shaan
Newbie
Newbie
Posts: 16
Joined: Thu Sep 02, 2010 4:18 pm

HTA Information

by: Shaan on
Thu Sep 15, 2011 1:52 pm

Hi,

Sorry if i may be posting in the wrong thread my questions are as follows;


1. Are Highway Traffic Act Matters Kept Public? Say if someone did an Appeal would that appeal be kept as public record accessible to anyone who may need it for reference?

2. if a person was charged with an offense given part 3 matters " Summons " 2 people and entirely similar situation both accused and co-accused. and the accused goes onto do an Appeal and subsequently its dropped due to errors in law, can that be used for the co accused aswell since they where both charged with the identical charges and situations?

What had happened was;

I and a friend where riding our bikes, we both got summons the police officers views where obstructed by buildings he assumed it was us doing the crazy stuff at night and subsquently gave us the summons, my friend went onto appeal and cases where thrown out due to lack of evidnce i beleive it was.

My case is coming up i would like to also point that case out to the JP in hopes that they will throw it out.

what would be the best advice that can be given to me?



Regards,


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined: Fri Apr 30, 2010 10:20 am
Contact:

by: Simon Borys on
Fri Sep 16, 2011 9:43 am

Judicial findings from one trial may be of assistance at another, but you can't introduce that into evidence just by claiming it. You need to have a reported case or a transcript of the judge's reasons.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Moderator

by: hwybear on
Sat Sep 17, 2011 7:46 pm

Shaan wrote:I and a friend where riding our bikes, we both got summons the police officers views where obstructed by buildings he assumed it was us doing the crazy stuff at night and subsquently gave us the summons, my friend went onto appeal and cases where thrown out due to lack of evidnce i beleive it was.,
that actually does not sound like an "appeal" at all.

what you described is a bike getting stopped, driver given summons with court date, driver proceeeded with a trial and was found NOT GUILTY= that is not an appeal, and no public record

now if it was.....bike getting stopped, driver given summons with court date, driver proceeded with a trial and was found GUILTY, driver then appealed to another court with reasons of errors in law, another trial took place (Appeal Trial), then was found NOT GUILTY = appeal and is on public record and can be searched
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Shaan
Newbie
Newbie
Posts: 16
Joined: Thu Sep 02, 2010 4:18 pm

by: Shaan on
Sat Sep 17, 2011 7:52 pm

Well, It is the later situation where was found quilty and then proceeded to do an appeal and at the appeal he was aquited of both charges, how could i search it up i know an appeal was done.


Regards


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Moderator

by: hwybear on
Sat Sep 17, 2011 7:54 pm

you should be able to search on CanLii by the surname of the person,

I don't know how much delay there is in adding the results to the system (1week, 1 mth, 6 mths etc) ??
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca






Shaan
Newbie
Newbie
Posts: 16
Joined: Thu Sep 02, 2010 4:18 pm

by: Shaan on
Sun Sep 18, 2011 3:36 am

Hi do i need to have the person present or is it considered public information? and if its public or private do we just go to the courthouse it was heard at with the offence number or other information and ask for transcripts as a regular case?

and what other information would be needed and procedure please


Thank-you for your help.


Regards,


Stanton
High Authority
High Authority
Posts: 2111
Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

by: Stanton on
Sun Sep 18, 2011 9:29 am

Court decisions are public with few exceptions and available to everyone. Contact the Courthouse to enquire about the actual process to request one. Typically you pay a nominal deposit before they review the transcript to give you an estimate of the final cost. The longer the trial, the more you pay, but expect at least $100 in costs.

Just curious, but have you tried speaking with the Crown yet? If the original charge couldn't be substantiated due to lack of evidence, I'm surprised they're proceeding with yours. Unless of course the officer simply left something out of his testimony that can be corrected at your trial.


Post Reply

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 14 guests