I been reading some of the posts on this forum and they are very helpful and informative... Having said that, I have two questions that I could not find any topics or answers on: 1. Where do I find victim surcharge and court charge that gets added to the set fine? If I'm trying to figure out the ticket has a fatal error or not. 2. There is lots of cases describing what's unreasonable delay of court proceedings, but I can't see anything putting some kind of time limits on how long disclosure can be delayed. Anyone know of any case law that can help in this regard? My point is, if the the crown is trying to play a dirty game (if being the operative word), they can get you the evidence two days before court and claim they did what they were required to do, but that is not fair as you did not have time to do any research on it. Yes, I have seen posts that say JP told the person go read the disclosure and come back in 15 minutes, but let's face it, that is not fair and not just. So I am not looking for these scenarios.
I been reading some of the posts on this forum and they are very helpful and informative...
Having said that, I have two questions that I could not find any topics or answers on:
1. Where do I find victim surcharge and court charge that gets added to the set fine? If I'm trying to figure out the ticket has a fatal error or not.
2. There is lots of cases describing what's unreasonable delay of court proceedings, but I can't see anything putting some kind of time limits on how long disclosure can be delayed. Anyone know of any case law that can help in this regard?
My point is, if the the crown is trying to play a dirty game (if being the operative word), they can get you the evidence two days before court and claim they did what they were required to do, but that is not fair as you did not have time to do any research on it. Yes, I have seen posts that say JP told the person go read the disclosure and come back in 15 minutes, but let's face it, that is not fair and not just. So I am not looking for these scenarios.
I beleive the courts have ruled that if the Set Fine is incorrect it is a fatal error, but if the Total Payable (which includes victim surcharge and court costs) is incorrect this is NOT a fatal error. Somebody else can hopefully confirm this. What happens with an unreasonable delay is that the court will look at who caused each delay and why they caused it, and then decide whether it counts against the prosecutor, the accused or neither. With disclosure you need to be pro-active in requesting and checking if it is ready (not that I agree with this, but that is what the courts have decided). So let's say you made initial request as soon as you got your notice of trial, and then you made additional inquiries every couple months right up until your trial, and the prosecutor still did not actually have it ready until a couple days before the trial. You have every right to ask for another trial as you have not had time to review it and prepare. Now what is important to understand at a trial, is that everything you say goes into the record, and it is a transcript of this record that a Judge will review when deciding about unreasonable delay. If you do not say something then it will not be on the record and it may not be considered by the judge when looking into unreasonable delay. So I highly recommend that when you are asking for a new trial date because of late disclosure that you SAY something like: "I made my intial request for disclosure on ABC date and then made follow up requests on DEF date and GHI date, but the prosecution still waited until a couple days ago to have it ready which is completely unacceptable as I have not had time to review it properly and not had time to prepare a defense or decide if I want to hire a lawyer or not. Providing disclosure is something that the prosecution does every day so there is really no reason for them to wait so long to get it to me, especially given I made so many requests for it well in advance. I would like to set a new trial and would like it on the record to show that this delay should count against the prosecution if this were to ever proceed to an unreasonable delay proceeding." Now if you request a new trial date a year from the current one, they are not going to count all of that against the prosecution. But if you are stating that you need a reasonable time (a month) to get ready AND you clearly made the effort to get disclosure and it was clearly delayed, then you have a good chance that it will be counted against them.
I beleive the courts have ruled that if the Set Fine is incorrect it is a fatal error, but if the Total Payable (which includes victim surcharge and court costs) is incorrect this is NOT a fatal error. Somebody else can hopefully confirm this.
What happens with an unreasonable delay is that the court will look at who caused each delay and why they caused it, and then decide whether it counts against the prosecutor, the accused or neither. With disclosure you need to be pro-active in requesting and checking if it is ready (not that I agree with this, but that is what the courts have decided). So let's say you made initial request as soon as you got your notice of trial, and then you made additional inquiries every couple months right up until your trial, and the prosecutor still did not actually have it ready until a couple days before the trial. You have every right to ask for another trial as you have not had time to review it and prepare. Now what is important to understand at a trial, is that everything you say goes into the record, and it is a transcript of this record that a Judge will review when deciding about unreasonable delay. If you do not say something then it will not be on the record and it may not be considered by the judge when looking into unreasonable delay. So I highly recommend that when you are asking for a new trial date because of late disclosure that you SAY something like:
"I made my intial request for disclosure on ABC date and then made follow up requests on DEF date and GHI date, but the prosecution still waited until a couple days ago to have it ready which is completely unacceptable as I have not had time to review it properly and not had time to prepare a defense or decide if I want to hire a lawyer or not. Providing disclosure is something that the prosecution does every day so there is really no reason for them to wait so long to get it to me, especially given I made so many requests for it well in advance. I would like to set a new trial and would like it on the record to show that this delay should count against the prosecution if this were to ever proceed to an unreasonable delay proceeding."
Now if you request a new trial date a year from the current one, they are not going to count all of that against the prosecution. But if you are stating that you need a reasonable time (a month) to get ready AND you clearly made the effort to get disclosure and it was clearly delayed, then you have a good chance that it will be counted against them.
I was stopped for allegedly doing 122 in a 90. I requested disclosure and like most received the minimum. The notes are just a photo copy with no explanations or typing. Only received parts of the manual that pertain to testing. Appears the officer was using a "Laser Atlanta Speed Laser", but no model or serial number is referenced in the notes. Testing is noted in two times written at the…
Hey guys, wanted to know if anyone has had a similar situation, and if you have any advice:
I was travelling E/B on Dundas St and had a green light to turn S/B on Spadina Ave. There's a no right on red sign, I observed it. I initiated my maneuver, slowly pulling my car into position to make the turn. This intersection is super busy, and there was a group of pedestrians who were painfully slowly…
This is the first traffic ticket that i have ever had, and i was wondering if someone could shoot me some of their advice as to how i could go about the case?
It was a red light, i approached the intersection and stopped, noticed two pedestrians on the right of me, and one officer on left and right of my vehicle, on the cross walks. They were pay duty for construction happening. I was waiting for…
I thank you in advance for the opportunity to share my concern here with you and also ask for help . I have a portfolio for 21 years, 16 years in class A / Z and with my Abastract / CVOR record both clean. I was stopped by an OPP on HWY 6 towards Tobermory, On just because I was above the allowed highway limit. According to the policeman, he told me that I reached 130km / h in an…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I was going southbound on 427 and exited at Queensway (Toronto). I needed to make a right turn and it is no right turn on red. So I stop on red light. There were 3 cars in front of me. I get the green arrow pointing right. So the cars turn right and when I was turning the green arrows just turned off. There was no amber. It just turned off. So I get pulled over…
Back on august 28th around 7 40 in the morning I got pulled over by a cop in a car that was not legally registered for the road yet, Stupid as it was i was literally just taking it for a drive on my street because it was sitting for so long My street is a residential street so i didn't think i cop would be turning on it anytime soon. But of course i got unlucky. He got me gave me 3 tickets. By…
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 pulled over for disobey the "No Heavy truck" sign, on the ticket it say Highway traffic act Section 182(2), but I think I didn't disobey the "No Heavy Truck" sign, because my truck was loaded with delivery items(which at the time it was under 5 tonnes), I didn't request for disclosure, the cop that pulled me over didn't even check my truck to see if it is over 5 tonnes.
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.
This morning I came downstairs to see my car with a ticket on it for $150 for parking in a fire route. The underground parking is under construction and we cannot park there so the tenates have to park either in visitors or adjacent streets. I have been parking in the same spot for a week and nothing was said to me until I found the ticket Sunday morning. I looked at every other car parked where…
Just bought my 1st GPS. Pretty decent little outfit. Have used it on a couple of short trips and got me to the destintation properly.
I have taken it to work recently and it is not as accurate as I first had hoped. The calculation of my vehicle speed is off by 2km/hr (GPS reads high). When stationary in many locations, it does not place me exactly where I am parked. On 2 different times it…
HI! So my husband was driving home at 2 am and blew out his back passenger tire which caused him to hit a parked car, he did quite a bit of damage to the car , there was no one around , and he did not have any paper to leave a note, also because it was a very old 1980 car and my husband assumed the damage was less than 1000,00 dollars and he left and did not report it until the next day. A week…
Issued in a news release by Toronto Police Traffic Services Sergeant Tim Burrows, these were the top 10 peeves of drivers in an on-line survey by the Toronto Police:
10. Slow drivers
9. Slower-moving drivers who pull into your lane when you're going faster
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.
The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can probably guess he intended to write an 8 but that is not what is there it is an incomplete 8 and…
Quick run down of my situation: My liscence was suspended in early September for a DUI. Got caught driving last weekend on the 401. Officer claimed I was pulled over because she figured I was speeding and I looked suspicious because I was looking around in the car too much. She searched the entire car looking for weed - none was found. I was charged with driving while under suspension.
I wasn't quiet sure where this should go, so I am going to try here.
I am 25 years old, and I have had my G2 license since March 2010. I haven't upgraded to my full G only out of not really having the time nor cash to do it as of yet. In early February of this year I was pulled over by an OPP at a RIDE program and blew a 0.031 BAC. I was unaware at the time that I was supposed to have a BAC…
I was involved in an accident last month. I was proceeding along a street with cars parked adjacent to the curb. Approaching an intersection I saw a large truck and trailer parked against the curb (no brake lights, or turn signals) so I presumed he was parked there. I approached the intersection, following the same path as all the other traffic, just to the right of the centre line. When I…
I have received 2 pieces of paper on the door of my home within the last week. Looks like I am being summons to witness for an accident where the other driver was at fault last year. (He hit me and was charged at the scene).
I'm just wondering if anyone knows how many attempts they will make to serve me, or if they will keep trying until they do ?
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
Highway 21 is often closed in the winter. I and a lot of other people need to cross Highway 21 to get to work. Several people have told me that if a highway is closed, it's not only illegal to drive along the highway, but to cross it on any intersecting road, because while you cross it you're technically driving on a closed road.
Hi all, I was ticketed for this offense while on a bicycle where I "turned left" at a red light without first coming to a complete stop at the red light. It was a T-intersection where I was facing the straight through lanes (4 lanes, two in each direction) and a side street came in from the right only (2 lanes, one in each direction), and no vehicles or pedestrians were entering from the right at…
In early March I was driving in the Yonge & Churchil area. An officer said I failed to stop at a stop sign and ticketed me 110+3 demerits. While getting my license etc. I have multiple photocopy of my car ownership in my car, and that I thought I handed him the copy with the validation sticker on the back as required but gave him one of the blank copies by accident. He came back with…
