Ontario Highway Traffic Act

Since 170(12) pertains to "parking" on a highway, it's possible he chose not to file it, knowing he wrote the wrong statute. I'd lay odds that you got lucky this time

hwybear wrote:BTW, no such this a "reckless driving" you must be watching "cops" too much!

My Bad. It was "dangerous driving".
story: http://www.cambridgenow.ca/npps/story.cfm?id=956

...If they can not follow the rules of the road and go to the extreme of these stunts listed, they need to be hammered, they need to get off the road.

I agree!!! ... partly. They DO need to get hammered. Give a kid a $600 ticket and he's gonna' learn a major lesson real quick.

Jack his insurance rates to $10,000/yr. and he's ruined.

I just ...

Is a JP likely to deny the Part III summons request if it is a simple offense with no secondary issues (such as an accident caused by the offense)?

Easy answer... The Insurance Industry. There was a time (early 80's) when owning up and paying for you indiscretions would certainly sting!... but your insurance company didn't take advantage of the odd ticket or two. Today, insurance companies take, take, take. Most folks won't even report accident damage less then $4,000 because they're terrified ...

Remember that the crown does not want to be in traffic court listening to the same canned testimony all the time, neither does the judge. .
Nor do police ,we would rather be back on the road, stopping someone else :D

So it's agreed... We all want to avoid court. So stop writing tickets and the problem is solved! :)

I'm heading down to "Fantino ...

It may be different for each Prosecutor. I know the last one I dealt with definitely WOULD use anything I said against me (if it went to trial). I asked and he told me so.

My co-worker got a ticket on which she was cited the wrong charge. She went to the Crown to have it dismissed and made the mistake of telling him what the ACTUAL violation was ...

Are those "gum-drop buttons" I see? LOL. It's a tad less hostile here, hehe.

... I know one officer who despises camera systems because he felt it prevented him from using his kinder, gentler method of leaving an impression on stopped motorists. He felt he had to ticket "by the book" because he was being videotaped, rather than let someone go ...

And that's the way it should be. But this is Ontario where the courts hold the police to a very high standard. Is there potential for abuse? Hell ya. I proposed the use of cameras (as you have described) to Sgt. Cam Woolley. He just shrugged it off.

The officer's sworn testimony as to the speed is all that is required for the Crown to win a conviction. If it comes down to your word against his, he will likely win.

A related thread can be found here:
http://www.ontariohighwaytrafficact.com ... light=#560

Was there evidence that a dangerous situation was created as per the details of the statute (ie. an oncoming car braking, swerving, etc.)? If not, I don't see how the charge could be justified.

I would assume it's "absolute" but evidence would have to be provided that there was a potential hazard from apposing traffic. It seems to me a valid ...

There are no extra fees for fighting a ticket. Court fees have already been added to your ticket (usually $30.00 to an $85.00 ticket = $110.00). You're right to trial has been "pre-paid" with this extra fee. Most people just send in their cheque and the court gets this fee as a bonus!

The Crown can not declair you guilty, only the JP can. The ...

Ya, nothing upsets the Crown Prosecutor more than someone refusing their generous plea bargain, LOL.

I'm confused about why you now have a second court date. Was your case not heard by the JP? Or perhaps the cop showed up too late? Something sounds hokey here.

If the cop doesn't show, the Crown will surely motion (ask) the court for a Continuance ...

How was he going to get a plate permit without proof of insurance?