Ontario Highway Traffic Act

paralegal2006 wrote:...get a trail date by getting the ticket into the court house before 30 days

I'm pretty sure it says "within 15 days" on the ticket. I could be wrong.. it's been a few years

This is why following distances are to be adjusted according to conditions. The charge was appropriate. I've been hit from the rear 3 times so it is a pet-peeve of mine.

= 2 points

It appears to me that you were charged for the appropriate offense.
He wrote out the offense in words, so a mis-match with the correct statute will likely be amended at trial.

I think your local license office can see when your last ticket was.
I would definitely plead not-guilty and hope the court date falls later then 3-years from ...

If it were just the one ticket, I would fight it:
- wait a week then file a not-guilty as per the back of the ticket.
- request Disclosure (the court clerk will provide a form)
- wait for court date and Disclosure to arrive in mail.
- carefully read disclosure (officers notes made at the scene). If he didn't write down much detail (which is often ...

Ahh, that's a bit different. I would still plead not-guilty, wait for her court date, show up for court 15 minutes early. An announcement will be made for those who have not spoken to the Prosecutor to form a line. When it's her turn, ask the Crown (prosecutor) to consider a change to Fail to Obey Sign (2 points instead of 3). This is standard ...

I'm a big fan of Jim Kenzie. I went on Canada's Worst Driver (Season 2)expecting him to be a judge like on Season (1). I thought just the chats I would have with him would be worth the hammering I would take for my opinions on speed. Though there were a couple really good judges on Season (2), I was very disappointed that Mr. Kenzie was not one of ...

Ya, I know it's hard on the nerves, LOL. Just tell her to try to have fun with it and learn as much as possible. It'll make the next one that much easier ;)

I always just paid my tickets until, one day, a friend of the family overheard me whining about some cheesey ticket I got. She sat me down and convinced me to prepare a defense and have it ...

All of those omissions can be amended at trial, and the proceedings will commence. If the officers name was missing completely, that would be a different story. Location and (minor) vehicle description omissions are not considered "fatal"

Or do they?... hehehe

Traffic law is rather subjective. Everyone has their own opinion. And remember, the HTA is not necessarily always cut and dried. Case Law takes precedence in many, many situations. Many tricky traffic issues have already been decided by higher courts and the ability to present these cases at the Provincial Division (Traffic ...

Amendments to a charging document have been allowed when the correct Section No. has been omitted, as long as the offense has been adequately described in words . It's possible, the officer wasn't sure of the correct Section No. so he just wrote a vague description. Personally, I think it's TOO vague.

I would (before any testimony is taken) motion ...

If it were me, I'd not speak to the Crown. I'd plead not-guilty and wait for my trial date. I would not file for Disclosure. I would wait until the Crown has finished questioning his witness (the officer). Then when it's my turn to question the officer:

- "Was I facing a circular red light?"
<NO>

- "Did I proceed through a circular red light ...

I'm VERY familiar with Section 136 (charged twice with it 2 years ago!). The problem is, the section says, "Do not proceed until it is safe to do so ". Even though a snowbank blocked your friends view, she chose to proceed. It was not safe to do so and she caused an accident. I hope you post your uncle's theory on this case. As much as I'd like to ...

There's no way you're gonna' convince a JP that you're not guilty because you weren't actually "approaching" a red light. If this worked, EVERYBODY would use it, LOL!

If it were me, I wouldn't take it to trial. I would focus my strategy on getting a plea deal with the Crown to a lesser charge (perhaps, Failure to obey sign).

You might find this ...

Yes you can represent yourself.
You mark "not-guilty" and "officer present" on the back of your ticket, take it to the courthouse and wait for your trial date to arrive in the mail.
The Crown will make its case by calling the officer to the stand and asking him pertinent questions.
Then you get a turn to ask the officer questions.
Then the Crown ...

The OPP tend to selectively enforce specific HTA violations at certain times. Right now, they are focusing pretty heavy on the "move left" violation on the 401. One officer I associate with on-line writes, quote:, "a few of these per day".

I had no idea it was such an expensive ticket. Zoiks! If I were you, I would make a call to the Crown ...