Hello, Braved the storm to appear in court this morning for an Early Resolution appointment. Thought I would share some observations for those interested. -There were several people with the same meeting time and date -Arrived early and observed the defendants from the earlier appointment finish up as everything was held in open court room; no smaller meeting space, very limited opportunity for discussion with prosecutor -Everyone was offered a plea deal, except a few people who were charged under the hand held devise laws, prosecutor said there was nothing he could amend that to. They were offered a reduced fine however, by the prosecutor and the JP welcomed them to indicate if they needed it further reduced, and asked them why -JP took a recess just before our time, and after his departure from the bench, the prosecutor welcomed those who came in for the next appointment to line up and approach him one by one as he sat at one of the tables at the front of the bench in the court room -Prosecutor asked who defendants were as they approached, obtained whatever related paperwork he had, and offered an alternate plea, or reduced charge to each person; these were all very short exchanges, no one successfully received an alternate offer to the one initially given. There was one person, not sure what the charge was, he was the only one who was asked what happened. The man answered and the prosecutor said there was no charge he could amend to, and suggested he proceed to trial, which he did -We approached, as I was with my daughter who was charged. He asked who I was and took longer looking over the file (careless charge). Made a plea offer, was unreceptive to negotiation, or discussion to any alternative. I asked if she decided at a later time that she was interested in accepting the deal, was there a way she could get it, he told her to go to trial, and seek the deal before trial begins on the day set. Allowed us time to leave the court room and discuss options. My daughter returned to let him know she would not accept the offer, he made a note of the offer on the file and told her although no one else was obligated to offer her the same deal later, as it may not be the same prosecutor on trial date (read between the lines as he stressed he was writing it down that the same offer would likely be made) -Went back into court room and let him know she would like to go to trial, he stressed again that he noted the deal offered on the file. He told us not to hang around, he would let the JP know that a resolution was not obtained -For those entering guilty pleas to amended charges, or guilty to the original charge, the JP was very direct in a friendly manner, letting them know that he needed to know what they plead and that they understood what they were pleading to, he did not entertain any explanation no matter how bad the defendants wanted to
Hello,
Braved the storm to appear in court this morning for an Early Resolution appointment. Thought I would share some observations for those interested.
-There were several people with the same meeting time and date
-Arrived early and observed the defendants from the earlier appointment finish up as everything was held in open court room; no smaller meeting space, very limited opportunity for discussion with prosecutor
-Everyone was offered a plea deal, except a few people who were charged under the hand held devise laws, prosecutor said there was nothing he could amend that to. They were offered a reduced fine however, by the prosecutor and the JP welcomed them to indicate if they needed it further reduced, and asked them why
-JP took a recess just before our time, and after his departure from the bench, the prosecutor welcomed those who came in for the next appointment to line up and approach him one by one as he sat at one of the tables at the front of the bench in the court room
-Prosecutor asked who defendants were as they approached, obtained whatever related paperwork he had, and offered an alternate plea, or reduced charge to each person; these were all very short exchanges, no one successfully received an alternate offer to the one initially given. There was one person, not sure what the charge was, he was the only one who was asked what happened. The man answered and the prosecutor said there was no charge he could amend to, and suggested he proceed to trial, which he did
-We approached, as I was with my daughter who was charged. He asked who I was and took longer looking over the file (careless charge). Made a plea offer, was unreceptive to negotiation, or discussion to any alternative. I asked if she decided at a later time that she was interested in accepting the deal, was there a way she could get it, he told her to go to trial, and seek the deal before trial begins on the day set. Allowed us time to leave the court room and discuss options. My daughter returned to let him know she would not accept the offer, he made a note of the offer on the file and told her although no one else was obligated to offer her the same deal later, as it may not be the same prosecutor on trial date (read between the lines as he stressed he was writing it down that the same offer would likely be made)
-Went back into court room and let him know she would like to go to trial, he stressed again that he noted the deal offered on the file. He told us not to hang around, he would let the JP know that a resolution was not obtained
-For those entering guilty pleas to amended charges, or guilty to the original charge, the JP was very direct in a friendly manner, letting them know that he needed to know what they plead and that they understood what they were pleading to, he did not entertain any explanation no matter how bad the defendants wanted to
What were you offered? Now that it's going to trial, the other driver will be subpoenaed to present evidence for the crown; if they fail to appear, the charges will most likely get dropped.
What were you offered?
Now that it's going to trial, the other driver will be subpoenaed to present evidence for the crown; if they fail to appear, the charges will most likely get dropped.
Follow up: Trial date was set for end of June, and then a motion to adjourn was submitted as the other driver was unwilling to attend on the trial date. Rather than face additional delays, attended court on the morning the motion was to be heard, and plea bargained with prosecutor. Agreed on a 2 point offence, failure to turn out left... I think. Prosecutor would not lower the fine of $85 (or so, plus victim surcharge, $110) but let us know that there would be no opposition if the justice was willing to rule for it. Justice ruled in favour of a suspended sentence and no fine, and prosecutor offered no opposition. Happy that it is settled, and will handle the situation very differently if it were to ever happen again; starting with politely offering only the required identification, insurance and ownership to an officer, and nothing more. I will have no insight to provide to any questions asked.
Follow up:
Trial date was set for end of June, and then a motion to adjourn was submitted as the other driver was unwilling to attend on the trial date. Rather than face additional delays, attended court on the morning the motion was to be heard, and plea bargained with prosecutor. Agreed on a 2 point offence, failure to turn out left... I think. Prosecutor would not lower the fine of $85 (or so, plus victim surcharge, $110) but let us know that there would be no opposition if the justice was willing to rule for it. Justice ruled in favour of a suspended sentence and no fine, and prosecutor offered no opposition.
Happy that it is settled, and will handle the situation very differently if it were to ever happen again; starting with politely offering only the required identification, insurance and ownership to an officer, and nothing more. I will have no insight to provide to any questions asked.
interesting, see my thread in TO there is a private cubicle in which you can talk to the prosecutor
interesting, see my thread
in TO there is a private cubicle in which you can talk to the prosecutor
287 wrote:
Hello,
Braved the storm to appear in court this morning for an Early Resolution appointment. Thought I would share some observations for those interested.
-There were several people with the same meeting time and date
-Arrived early and observed the defendants from the earlier appointment finish up as everything was held in open court room; no smaller meeting space, very limited opportunity for discussion with prosecutor
-Everyone was offered a plea deal, except a few people who were charged under the hand held devise laws, prosecutor said there was nothing he could amend that to. They were offered a reduced fine however, by the prosecutor and the JP welcomed them to indicate if they needed it further reduced, and asked them why
-JP took a recess just before our time, and after his departure from the bench, the prosecutor welcomed those who came in for the next appointment to line up and approach him one by one as he sat at one of the tables at the front of the bench in the court room
-Prosecutor asked who defendants were as they approached, obtained whatever related paperwork he had, and offered an alternate plea, or reduced charge to each person; these were all very short exchanges, no one successfully received an alternate offer to the one initially given. There was one person, not sure what the charge was, he was the only one who was asked what happened. The man answered and the prosecutor said there was no charge he could amend to, and suggested he proceed to trial, which he did
-We approached, as I was with my daughter who was charged. He asked who I was and took longer looking over the file (careless charge). Made a plea offer, was unreceptive to negotiation, or discussion to any alternative. I asked if she decided at a later time that she was interested in accepting the deal, was there a way she could get it, he told her to go to trial, and seek the deal before trial begins on the day set. Allowed us time to leave the court room and discuss options. My daughter returned to let him know she would not accept the offer, he made a note of the offer on the file and told her although no one else was obligated to offer her the same deal later, as it may not be the same prosecutor on trial date (read between the lines as he stressed he was writing it down that the same offer would likely be made)
-Went back into court room and let him know she would like to go to trial, he stressed again that he noted the deal offered on the file. He told us not to hang around, he would let the JP know that a resolution was not obtained
-For those entering guilty pleas to amended charges, or guilty to the original charge, the JP was very direct in a friendly manner, letting them know that he needed to know what they plead and that they understood what they were pleading to, he did not entertain any explanation no matter how bad the defendants wanted to
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
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…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
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.
I alreaddy lost 3 points and this time was just the…
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.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
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…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
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…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
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…
