January 2019 I was charged for Handheld device - Got court date in the mail, Officer provided notes, requested DVD several times, no response from officer. Prosecutor asked the officer the day of the trial, officer said he did not have any. JP asked me if I just wanted to proceed to trial. I said no I wanted to speak to a paralegal and they delayed the trial until the end of july which is 18 months after I was charged. My question is because I asked for time to speak to a paralegal after requesting the DVD several times with no response from the officer am I considered delaying the trail or is that on the crown for letting me know the day of the trial there was no DVD evidence. Thank you!
January 2019 I was charged for Handheld device - Got court date in the mail, Officer provided notes, requested DVD several times, no response from officer. Prosecutor asked the officer the day of the trial, officer said he did not have any. JP asked me if I just wanted to proceed to trial. I said no I wanted to speak to a paralegal and they delayed the trial until the end of july which is 18 months after I was charged.
My question is because I asked for time to speak to a paralegal after requesting the DVD several times with no response from the officer am I considered delaying the trail or is that on the crown for letting me know the day of the trial there was no DVD evidence.
My first trial date was mid February of 2020 just a couple of months ago. I went to that trial without a response from the officer about whether their was DVD evidence. When I got to trial I told the prosecutor and she simply asked the officer quickly before I had my time with the JP. The JP informed me as he was asking for my plea that I have all the evidence now knowing that there is no DVD and asked me what I wanted to do. I requested to delay the trial because now that I know what all the evidence is I want to present it to a paralegal.
My first trial date was mid February of 2020 just a couple of months ago. I went to that trial without a response from the officer about whether their was DVD evidence. When I got to trial I told the prosecutor and she simply asked the officer quickly before I had my time with the JP. The JP informed me as he was asking for my plea that I have all the evidence now knowing that there is no DVD and asked me what I wanted to do. I requested to delay the trial because now that I know what all the evidence is I want to present it to a paralegal.
Unfortunately, the delay will be attributed to the defence. Put simply, you weren't ready for trial. You were the one who asked for more time because you wanted to get legal representation; not as a result of lack of disclosure (since you already had all the disclosure that the prosecution was relying on). Any Charter application will almost certainly fail since you'll have to satisfy to the court why it was necessary for you to wait until your trial date to decide you needed legal representation---you should have hired a paralegal well before trial and been ready to proceed on that day with the disclosure you had. Had the prosecution given you new evidence, then the delay would be attributed to the prosecution since you can't be expected to answer to a case when you don't know the full case. The court will view the adjournment request as not being disclosure-related but so you could get legal representation. Preliminary matters should be handled by either a motion, application or requesting a Judical Pre-Trial (JPT) BEFORE trial so as to not waste the trial time slot. Since you didn't do this, you weren't ready for trial, so the delay is attributable to the defense. Regardless, under the new post-Jordan regime, the time frame is now 18 months from date of offense to trial date. However, given the Covid-19 shutdown and freeze on limitation periods, the clock has stopped. So, delay applications are futile.
Unfortunately, the delay will be attributed to the defence. Put simply, you weren't ready for trial. You were the one who asked for more time because you wanted to get legal representation; not as a result of lack of disclosure (since you already had all the disclosure that the prosecution was relying on). Any Charter application will almost certainly fail since you'll have to satisfy to the court why it was necessary for you to wait until your trial date to decide you needed legal representation---you should have hired a paralegal well before trial and been ready to proceed on that day with the disclosure you had. Had the prosecution given you new evidence, then the delay would be attributed to the prosecution since you can't be expected to answer to a case when you don't know the full case. The court will view the adjournment request as not being disclosure-related but so you could get legal representation. Preliminary matters should be handled by either a motion, application or requesting a Judical Pre-Trial (JPT) BEFORE trial so as to not waste the trial time slot. Since you didn't do this, you weren't ready for trial, so the delay is attributable to the defense.
Regardless, under the new post-Jordan regime, the time frame is now 18 months from date of offense to trial date. However, given the Covid-19 shutdown and freeze on limitation periods, the clock has stopped. So, delay applications are futile.
I have received a $450 ticket for parking in a handicap loading zone. I did not see the sign and the pavement was not marked. I have lived in Toronto for 15 years and this is the first ticket of any kind I have received. My last ticket, in a different city, was over 20 years ago. I am always very careful about parking and traffic regulations.
I cannot afford to pay $450. I do not make a lot of…
Petition to change HTA 136 (1)(A)Failure to Stop at Stop Sign
Hello, it does not seem right that not coming to a complete stop, that your wheels do not stop turning or rolling stop carries the same penalty as not stopping at all at a stop sign . I think it's time this laws challenged and quashed. I wondered how to go both that? Can we start a website that we can sign a petition to have this law…
My 78 year old Mother got a ticket at 8am on March 31/09 as the morning sun was in her eyes and she (as well, many others), didnt see the sign ahead-"No straight throughway (between 7-9am Mon to Fri". (All english Sign might I add) at Dundas & Shaw. (**Proceed Contrary Sign Intersection -HTA-144(9).
4 months prior to her court date in November, I requested disclosure 3 times prior to her…
Reference is made in the HTA to Stop Signs at Railway Crossings (passive crossings):
HTA, 163 (2)
O Reg 615 (7)
However I cannot find specific regulation detailing how a railway crossing controlled by a stop sign must be configured.
The Ontario Traffic Manual, Book 11 - Markings and Delineation under section "3.9 Reserved Facility Markings - Railways" (p99) speaks to the needs for marking, but is…
I got a parking ticket on Halloween around 9pm for parking in front of a cross walk in a residential street. There's no sign or anything that says you can't park there.
You know the crosswalk/walkways in residential streets that are fenced on both sides and that simply lead you to another street on the other side is what I'm talking about.
The parking ticket officer must have seen me walk in…
So I was on my way home, going a solid 120 as usual in the fast lane. Someone decides to cut me off going less than 100. I do a quick double lane change and speed up unknowingly hitting apparently 150. After speeding for a mere 20 seconds, I am pulled over. Cop says he reduced the ticket to 49 over, I was charged $359 for that. Of course, my insurance isn't in my car... I had to take it out…
Hi, new at this and could use all the help and guidance..
My brother just got in an accident where he swerved to avoid hitting a squirrel and got in an accident. Luckily, no one was hurt as he did not hit another party so it was just our car (old car and it will be a write off). The cop issued a careless driving ticket - notice of appearance. I read a similiar thread about this but not sure if it…
There is some construction going on for the last three months and hence, the northbound right lane on airport road at queen street which exits is closed due to construction and they have put barriers. they have put the right turn sign on the adjacent lane in the black background. Also the right lane north of Queen Street at Airport road is closed and they have an arrow sign there which indicates…
I keep being told that if you are found to be driving with bare feet, you could be fined etc... but nowhere can I find the actual rule anyway. Does anyone know if this is truly illegal - or perhaps used to be? In summer, sandals being what they are, its much safer, in my opinion to kick them off and drive with bare feet.... but then I hate anything on my feet in hot weather!
I got pulled over yesterday on the Sir John A. Macdonald Parkway in Ottawa for going 106 km/h in a 60 zone. It was around noon, the weather was good and I was the only car on the road. He was hiding around a corner and was just stopped in the right lane (there are no shoulders on this road). I was alone in my car and neither of us said much, he didnt reduce my fine and gave me a ticket of a set…
I recently received a ticket from a military policeman on a military base in Ontario. Therefore, I was charged under the "Government Property Traffic Regulations" (GPTR), section 9. I know that some may say, why are you posting on a website for the HTA? Well, in Ontario, the military uses the Provincial Offences Act/Ontario Court of Justice for traffic tickets issued on a military base, i.e.…
For my first ever post, I'm going to ask for your own story dealing with a s.172 charge.
There is a lot of teeth grinding online about the street racing laws but few hands-on accounts from people who have been there and done that. I saw many posts from people seeking advice but few mention the actual outcome.
With about 1/3 conviction rate, there should be many success stories around. Even if you we…
... two cars pulled over, we (my wife and 7 month old boy) were passing a truck in the passing lane, first car passed me and I pulled out behind him. Crested a hill while on a curve, pass the truck and move back into the driving lane. Police officer shows up behind and pulls us both over. Gave me a ticket saying I was following the car in front doing 124km/hr.
We all know that numerous police agencies around Ontario (and world for that matter) set up speed traps in inconspicuous locations to catch motorists who are speeding.
If you know of any speed traps that are in regular use please post them here for all to know and avoid speeding fines.
Format: Town, Location, Direction, known days of operation (if known).
Sorry if this has been covered, but I searched and didn't find anything.
Just thought I'd share my recent experience.
Last Friday I was driving myself and my wife home from a nice dinner date in Markham/Richmond Hill north of T-DOT, and I had two (what looked like) ETF officers "tail" me home and park on my driveway.
I had been driving southbound and reached a red light stopped in the right…
I have my trial date coming up next week. I got a ticket in North Bay, ON for driving 139km/h on a 90km/h. He was using a Genesis II directional radar. Tested it before and after the stop according to the notes. In his notes, he mentions the speeds that were displayed on the radar which were 140, 141, and 139. In his notes, he also mentions that the color of my car was blue when it is…
I paid my fines for 2 tickets; fail to provide ownership and fail to provide insurence. I now know i should have checked not guilty and mailed them in.
(the papers were in the car. I was looking for them but was distracted by a badgering 2nd officer who was attempting to identify my passenger. I found them when i stopped for coffee later.)
Now that you actually opened this topic and I have your attention
Please read all items below 1 to 8
1) If YOU start a THREAD/DISCUSSION for an incident - KEEP on ONE THREAD, even for no activity for several months or even just to keep updates for court steps, stay on one thread
HOW DO I FIND MY POST? >> TOP right of page is the following: view unread posts / view new posts / view…
I plan to request disclosure through registered mail or fax. I've tried requesting in person but got rejected because they told me I did not provide sufficient information on my Disclosure Request letter.
My question is, do they really need the officer's name and division when I provided them with the Offence Number, Offence Date, Charge, Court Date, and Location? Also they said they do…
Been charged with Careless Driving in a residential area.
1. The Officer has a Witness statement. If the Witness does not appear at Trail, can that statement be introduced at Trial by the Crown and used against me.?
2. The Address "Number" (the Street is correct) on the infraction does not remotely exist, is an empty field. Does this matter?
Is there a requirement for commercial vehicles to be maintained only by licensed mechanics (e.g., oil changes, tire rotations)? I'm working with Habitat for Humanity and we are looking into a cargo van for the ReStore; I'm more than capable of doing maintenance but I'm not sure if it is legal because I am not a licensed mechanic.
which I had not search.
Now that you actually opened this topic and I have your attention 