Ontario Highway Traffic Act

Dear RYOUNVS and Simon Borys :

Sorry about this long, but, in my opinion, necessary post.

I do this for a living -fight traffic tickets, that is. I have done it for over 20 years. I found this forum not to long ago and I thought I could help people by sharing my experience and knowledge. I have a track record of pro bono representations. Biron is ...

I think it is a good idea to put cameras in the car. :idea:

You do not have to prove that your speedometer has been checked or certified to raise a reasonable doubt. The prosecution's burden of proof is different and much more stringent because they have to prove the charge beyond a reasonable doubt.

Similarly, you do not have to go over the ...

Canadian Charter of Rights and Freedoms
8. Everyone has the right to be secure against unreasonable search or seizure.

What happened to your wife sounds like unreasonable search and seizure to me. It is further a flagrant violation of your privacy rights.

Police officers -not all of them- often do that. They show incompetence and negligence ...

Automobile insurance is provided to a specific vehicle and driver(s). Plates are not insured, at least not under this type of insurance.

You can register/attach old plates to a newly bought vehicle, even if you still own the old vehicle, however, the old vehicle's ownership (registration/permit) should indicate that the vehicle is unplated and the ...

The authority for a justice of the peace to amend a certificate is provided by s.34 of the POA. That authority, however is limited to proceedings where the defendant is present or represented. It may not be used to amend a certificate in absentia (where the defence is not present).

There are two sections of the POA that compel the justice of the ...

You will have to go to each jurisdiction (city you got a ticket) and go to the POA office, as suggested by OPS Copper, and ask to see a justice of the peace to request an extension of time to pay the fines.

To get the time extension you have to show that you made an effort to pay but can not finish paying within the allotted time.

If you haven't ...

That's right nav551. You did not have to signal.

Read the following carefully:

Signal for left or right turn

142. (1) The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall ...

10. Everyone has the right on arrest or detention
...
(b) to retain and instruct counsel without delay and to be informed of that right

I don't see anywhere in that section of the Charter that someone has the right to a telephone call, personal or otherwise.

This right has 3 parts, all of which are essential to it.

First; to retain and ...

Good to be here and hopefully I will be of service to the good people in this great forum.

if I hire a person to represent me in court, do I still need to appear there myself or can the person representing me handle it completely without me?

You don't have to be there at all if you hire a paralegal. Your chances...depends on the evidence the officer is going to present. If he is going to say that the arm was out and the light was ...

You have a very good chance of prevailing in court, but you will not learn here everything you need to know to go for a trial. You better hire an experience representative. By experienced representative I mean a true litigator -ask for their performance statistics- and not a paper pusher or mediator.

In law, the charge can not be changed from red ...

What you describe is quite common. You should have not been charged and, in my opinion the police officer acted negligently. There is Supreme Court case law directing that police officers may be liable for damages when charging someone and failing to conduct a proper investigation.

What they expect is that you go to court and 'plea bargain' to ...

It seems that you are well prepared to challenge the charge.

There is case law indicating that, if requested the prosecutor must produce the speed detection device manual.

You should receive the officer's original notes, and if not legible (can not read them) the prosecutor should provide you with a witness and a 'will say' statements.

The LIDAR ...

It is most likely that the prosecutor is appealing the dismissal of the charge only out of principle. Probably the prosecutor will not proceed with the charge against you.

You may contact the prosecutor and ask if they will be looking for a) a new trial, b) a conviction or c) just a court order.

In any event, for what you disclose the chances of ...

For what you describe, you did not have signal and you should be successful in court in a very brief, simple and easy trial.

Cheers.