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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 ...

Approximately 25% of the German Autobahn have speed limits (some as high as 130kph). 75% has no speed limit for specified vehicles (excludes trailers, transport trucks, etc.). Each lane does not have it's own speed limit, though slower traffic must keep to the right lanes. Here is some pertinent info about the Autobahn, all of which could be ...

I recently had a conversation with a German citizen working here for his apprenticeship. He stated that the Autobahn has become a tourist destination and he doubts the government will ever create speed limits on it. The accident rate decreased AND it just brings in too much tourist dollars. People love the freedom of choosing their own speed limit ...

The record would have to show a legal defect in the primary appeal (Ex. A fact was established with no evidence to substantiate). It is very rare that subsequent appeals are granted. A lawyer would have to be consulted to explain the complex rules.

Cops stopping kids with custom cars dates back to the 50's. It will never stop. My advice is learn your rights and learn how to fight your tickets. It just has to be considered part of the car hobby now.

These are the cars I drove as a teenager. Trust me, not a month went by without being pulled over for one trivial matter or another ;)
http ...

I've never been inside a court room and I have no idea what to expect...

When the Crown reviews this case, I'm sure he will try to trick you in to a plea bargain (possibly just before court opens on your trial date), especially if he detects you are knew to traffic court. Don't fall for his "kind offer". You have a very easy case which is ...

It's a 3-point offence.

The officer meant that the Crown Prosecutor will likely allow a plea bargain down to a 2-point'r like Failure to Obey Sign.

If it were me, these are the options I would consider:

1) Plead Not-Guilty (check off "officer to attend" on ticket).
Refuse pre-trial meeting with Prosecutor
Wait for trial date to arrive in mail ...

I'm not sure how or where your getting your facts from, ...

I listed my sources above, LOL.

of course police statistics will claim speeding is the cause of all of this provinces safety problems. But with the millions of dollars pouring in to their coffers from speeding tickets, do you really think they'll ever accept the results of studies that ...

I think an officer could argue that the reflection of the sky on the windshield would obscure the clear view of the plate. This same windshield reflection could be argued to cause issues with regard to "clear view" for photo radar and red-light cameras. He could also possibly argue that the plate is obscuring your forward view out through the ...

Speeding is the #1 cause for accidents, not only in Ontario, not only Canada wide, but ALL over NORTH AMERICA.

Woe there!! please link me to where you got this statistic. If this is just your personal opinion, please state how speed causes accidents (as apposed to following to close, careless driving, etc.).

Now if you define speed as anything ...

I suspect the LEO lowered your ticket to 65 (??). Most cops tolerance threshold is 20 over.

I had a copper friend tell me once that it is "assumed" to be 50kph when in a residential or built up area, regardless of the presence of a sign. But I would definitely try your defense anyway. Just don't testify as to your speed at all (don't take the ...

You're right DL. There are many "stunts" that aren't nearly as dangerous, such as running stop signs, running reds, etc. But our current government and OPP chief are on a blitz to ruin the lives of young people in this province and grab as much cash as they possibly can.

It's funny how many respectable, regular citizens are getting pinched on ...

Is there an online listing of all HTA offenses catagorized by type? (Absolute Liability / Strict Liability)

It would make a big difference as to how to structure ones defense strategy

Thanks
Book

If you're being tailgated by a trucker on the 401, most likely you are blocking THEIR passing lane (the middle lane). They are not allowed to use the far left lane, so those slugs who mosie along in the centre lane with their cruise on absolutely infuriate truckers. So they tailgate or pass aggressively in the hopes the "blockers" will post on a ...

OPP = (police by fear and extreme force)

It's in the HTA. You must drive in the RIGHT lane except to pass. It's one of the best sections of the act. The left lane IS a passing lane only (regardless of speed limit). Drive in the left lane for no good reason in Germany and you'll be charged immediately and aggressively. THEY know how to handle multi-lane expressways, with or without speed ...