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.
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
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…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.
Any suggestions on how to handle this? I can't afford to spend a day at the court 
