Hey all, my last thread was sort of dead, so decided to ask in a new one. Received a speeding ticket. Was reduced. On the PON the officer checked (n) - motor vehicle involved. Couple of questions... 1. Should I bring this up at the beginning of trial as a motion to have the proceedings stayed on the grounds that the certificate has is not correct on it's face? (Yes, I know some have said this is not a fatal error, but it may work to my favour, how can you have a speeding charge if the officer indicates no motor vehicle was involved?) 2. Should I bring it up when the JP asks "How do you plead?" and then indicate that I am not quite sure how to plead as the certificate of offence has left me confused, and then explain how it has left me confused? 3. Bring it up during the trial, to indicate that the officer has made a mistake, and then use that mistake on the certificate of offence if the prosecutor tries to "amend up" the certificate? Also, on the the back of the PON where the officer writes his/her notes I noticed something interesting. The offence is said to occur at 1:56pm, at the very top of the note section, before anything else has been stated the officer indicated that she tested the radar at 7:30am and again at 5:30pm..... So in essence she wrote that she tested the radar at the completion of her shift (5:30pm) after she stopped me at 1:56pm.... any advice on this? Thanks for your help...
Hey all, my last thread was sort of dead, so decided to ask in a new one.
Received a speeding ticket. Was reduced. On the PON the officer checked (n) - motor vehicle involved.
Couple of questions...
1. Should I bring this up at the beginning of trial as a motion to have the proceedings stayed on the grounds that the certificate has is not correct on it's face? (Yes, I know some have said this is not a fatal error, but it may work to my favour, how can you have a speeding charge if the officer indicates no motor vehicle was involved?)
2. Should I bring it up when the JP asks "How do you plead?" and then indicate that I am not quite sure how to plead as the certificate of offence has left me confused, and then explain how it has left me confused?
3. Bring it up during the trial, to indicate that the officer has made a mistake, and then use that mistake on the certificate of offence if the prosecutor tries to "amend up" the certificate?
Also, on the the back of the PON where the officer writes his/her notes I noticed something interesting. The offence is said to occur at 1:56pm, at the very top of the note section, before anything else has been stated the officer indicated that she tested the radar at 7:30am and again at 5:30pm..... So in essence she wrote that she tested the radar at the completion of her shift (5:30pm) after she stopped me at 1:56pm.... any advice on this?
- I'm not sure how much more clear to make it to you... you've already been explained that this is not a fatal flaw and for that reason a question like 'how can I be speeding if motor vehicle is checked as NO' is easily overlooked by the courts. - Just because you got served your ticket at 1:56pm doesn't mean that he/she needs to complete his/her evidence at the time, and so if she indicates that she tested the equipment again at 5:30, what about that do you find interesting?
- I'm not sure how much more clear to make it to you... you've already been explained that this is not a fatal flaw and for that reason a question like 'how can I be speeding if motor vehicle is checked as NO' is easily overlooked by the courts.
- Just because you got served your ticket at 1:56pm doesn't mean that he/she needs to complete his/her evidence at the time, and so if she indicates that she tested the equipment again at 5:30, what about that do you find interesting?
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks
Hey, thanks for that wonderfully, well thought out, and insightful comment, however, if anyone else, could possibly advise on the actual questions I've asked (Regarding the (n) - motor vehicle involved), when best to bring this up - prior to trial, or during, or should I not show for trial, see if the JP examines the certificate and whether or not they quash it, and then appeal if they do not, that would be great. In essence, I'm looking at the best strategy to use this to my advantage. Thanks in advance.
tdottopcop wrote:
- I'm not sure how much more clear to make it to you... you've already been explained that this is not a fatal flaw and for that reason a question like 'how can I be speeding if motor vehicle is checked as NO' is easily overlooked by the courts.
- Just because you got served your ticket at 1:56pm doesn't mean that he/she needs to complete his/her evidence at the time, and so if she indicates that she tested the equipment again at 5:30, what about that do you find interesting?
Hey, thanks for that wonderfully, well thought out, and insightful comment, however, if anyone else, could possibly advise on the actual questions I've asked (Regarding the (n) - motor vehicle involved), when best to bring this up - prior to trial, or during, or should I not show for trial, see if the JP examines the certificate and whether or not they quash it, and then appeal if they do not, that would be great. In essence, I'm looking at the best strategy to use this to my advantage.
There is no fatal flaw. The ticket may be amended at court and the officer will simply state that there was a motor vehicle involved. Hence, the box with the plate number is probably filled in. The testing times are consistent with a properly tested radar.
There is no fatal flaw. The ticket may be amended at court and the officer will simply state that there was a motor vehicle involved. Hence, the box with the plate number is probably filled in.
The testing times are consistent with a properly tested radar.
If you are going the fatal error route I would NOT show up for your trial and try to win on appeal. If you go to court they can make an amendment to the certificate if you don't they can't. So you would wait for your notice of conviction and then head to court to file an appeal. Based of S.9 of the POA. Will it work? I doubt it but it's worth a shot...new law is made all the time so who knows... Keep us posted.
If you are going the fatal error route I would NOT show up for your trial and try to win on appeal. If you go to court they can make an amendment to the certificate if you don't they can't.
So you would wait for your notice of conviction and then head to court to file an appeal. Based of S.9 of the POA. Will it work? I doubt it but it's worth a shot...new law is made all the time so who knows...
Hey, thanks for that wonderfully, well thought out, and insightful comment, however, if anyone else, could possibly advise on the actual questions I've asked (Regarding the (n) - motor vehicle involved), when best to bring this up - prior to trial, or during, or should I not show for trial, see if the JP examines the certificate and whether or not they quash it, and then appeal if they do not, that would be great. In essence, I'm looking at the best strategy to use this to my advantage. Thanks in advance. You're welcome for my helpful comment- the reason I didn't answer your other questions is because THEY DO NOT MATTER when your ticket WILL NOT be quashed because of this error. Good luck attempting to get an appeal on conviction- sounds like a lot more work than it's worth, but fill your boots.
Draiter wrote:
tdottopcop wrote:
- I'm not sure how much more clear to make it to you... you've already been explained that this is not a fatal flaw and for that reason a question like 'how can I be speeding if motor vehicle is checked as NO' is easily overlooked by the courts.
- Just because you got served your ticket at 1:56pm doesn't mean that he/she needs to complete his/her evidence at the time, and so if she indicates that she tested the equipment again at 5:30, what about that do you find interesting?
Hey, thanks for that wonderfully, well thought out, and insightful comment, however, if anyone else, could possibly advise on the actual questions I've asked (Regarding the (n) - motor vehicle involved), when best to bring this up - prior to trial, or during, or should I not show for trial, see if the JP examines the certificate and whether or not they quash it, and then appeal if they do not, that would be great. In essence, I'm looking at the best strategy to use this to my advantage.
Thanks in advance.
You're welcome for my helpful comment- the reason I didn't answer your other questions is because THEY DO NOT MATTER when your ticket WILL NOT be quashed because of this error.
Good luck attempting to get an appeal on conviction- sounds like a lot more work than it's worth, but fill your boots.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks
Lol. What are you, like 5 years old? If you have nothing of substance to contribute, then don't bother contributing.. Tits on a bull you are....
tdottopcop wrote:
You're welcome for my helpful comment- the reason I didn't answer your other questions is because THEY DO NOT MATTER when your ticket WILL NOT be quashed because of this error.
Good luck attempting to get an appeal on conviction- sounds like a lot more work than it's worth, but fill your boots.
Lol. What are you, like 5 years old? If you have nothing of substance to contribute, then don't bother contributing.. Tits on a bull you are....
I've seen a bunch of your posts, and its really much more about HOW you are giving advice that is an issue, you have a bone to pick with almost every poster who comes here and asks for help. Maybe you should re-think why and what you are doing here. If you are actually trying to help, drop the attitude and you'll likely find a much more responsive audience, when it really appears you are trying to help and not just dump all over everyone. Now you have 2 cents to work with ============= As to the OP, you should check the Ticket Combat website about your questions, as others have said I don't think that is an error you have any ground to stand on, ignored or especially brought up in court. Also, the radar being tested beginning and end of day is exactly what they are supposed to do to my understanding. Good luck
tdottopcop wrote:
Okay bud, well you go through the whole process and come back here and tell me that my advice was incorrect. *Edited by forum*
I've seen a bunch of your posts, and its really much more about HOW you are giving advice that is an issue, you have a bone to pick with almost every poster who comes here and asks for help. Maybe you should re-think why and what you are doing here. If you are actually trying to help, drop the attitude and you'll likely find a much more responsive audience, when it really appears you are trying to help and not just dump all over everyone.
Now you have 2 cents to work with
=============
As to the OP, you should check the Ticket Combat website about your questions, as others have said I don't think that is an error you have any ground to stand on, ignored or especially brought up in court. Also, the radar being tested beginning and end of day is exactly what they are supposed to do to my understanding.
I've seen a bunch of your posts, and its really much more about HOW you are giving advice that is an issue, you have a bone to pick with almost every poster who comes here and asks for help. Maybe you should re-think why and what you are doing here. If you are actually trying to help, drop the attitude and you'll likely find a much more responsive audience, when it really appears you are trying to help and not just dump all over everyone. Now you have 2 cents to work with ============= As to the OP, you should check the Ticket Combat website about your questions, as others have said I don't think that is an error you have any ground to stand on, ignored or especially brought up in court. Also, the radar being tested beginning and end of day is exactly what they are supposed to do to my understanding. Good luck I had a feeling I was not the only one who felt this way. Good on you for posting in the manner in which you did !
jayjonbeach wrote:
tdottopcop wrote:
Okay bud, well you go through the whole process and come back here and tell me that my advice was incorrect. *Edited by forum*
I've seen a bunch of your posts, and its really much more about HOW you are giving advice that is an issue, you have a bone to pick with almost every poster who comes here and asks for help. Maybe you should re-think why and what you are doing here. If you are actually trying to help, drop the attitude and you'll likely find a much more responsive audience, when it really appears you are trying to help and not just dump all over everyone.
Now you have 2 cents to work with
=============
As to the OP, you should check the Ticket Combat website about your questions, as others have said I don't think that is an error you have any ground to stand on, ignored or especially brought up in court. Also, the radar being tested beginning and end of day is exactly what they are supposed to do to my understanding.
Good luck
I had a feeling I was not the only one who felt this way.
Good on you for posting in the manner in which you did !
I've seen a bunch of your posts, and its really much more about HOW you are giving advice that is an issue, you have a bone to pick with almost every poster who comes here and asks for help. Maybe you should re-think why and what you are doing here. If you are actually trying to help, drop the attitude and you'll likely find a much more responsive audience, when it really appears you are trying to help and not just dump all over everyone. Now you have 2 cents to work with ============= As to the OP, you should check the Ticket Combat website about your questions, as others have said I don't think that is an error you have any ground to stand on, ignored or especially brought up in court. Also, the radar being tested beginning and end of day is exactly what they are supposed to do to my understanding. Good luck Ohhh, yeah, I know it's not a fatal error per se, but who knows... Was more looking for suggestions as to when to bring it up... Think I will bring it up, when I bring up other errors the officer made. As it stands right now, I am going to seek an adjournment to file a Charter Challenge for none disclosure.. *Edited by forum* Cheers
jayjonbeach wrote:
tdottopcop wrote:
Okay bud, well you go through the whole process and come back here and tell me that my advice was incorrect. *Edited by forum*
I've seen a bunch of your posts, and its really much more about HOW you are giving advice that is an issue, you have a bone to pick with almost every poster who comes here and asks for help. Maybe you should re-think why and what you are doing here. If you are actually trying to help, drop the attitude and you'll likely find a much more responsive audience, when it really appears you are trying to help and not just dump all over everyone.
Now you have 2 cents to work with
=============
As to the OP, you should check the Ticket Combat website about your questions, as others have said I don't think that is an error you have any ground to stand on, ignored or especially brought up in court. Also, the radar being tested beginning and end of day is exactly what they are supposed to do to my understanding.
Good luck
Ohhh, yeah, I know it's not a fatal error per se, but who knows... Was more looking for suggestions as to when to bring it up... Think I will bring it up, when I bring up other errors the officer made.
As it stands right now, I am going to seek an adjournment to file a Charter Challenge for none disclosure..
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
