Nope. Ontario Court of Apoeal has ruled that amending up a speeding ticket at trial is fine.
The officer gave you a break at the roadside. They didn't have to. I'm sure their evidence wouldstate what your original speed was.
https://www.canlii.org/en/on/onca/doc/2 ... ca643.html
Search found 726 matches
- Sat Feb 11, 2017 9:57 pm
- Forum: General Talk
- Topic: Recommended charge to plea down to?
- Replies: 14
- Views: 3640
- Sat Feb 11, 2017 4:54 pm
- Forum: General Talk
- Topic: Recommended charge to plea down to?
- Replies: 14
- Views: 3640
Re: Recommended charge to plea down to?
If you go to trial and the speed was already reduced by the officer at roadside, they will amend it back to the original speed.
- Fri Feb 10, 2017 11:00 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Failure to surrender insurance card in dealership loaner
- Replies: 22
- Views: 8713
Re: Failure to surrender insurance card in dealership loaner
I didn't say the authority was under the Criminal Code. It's under the HTA and CAIA.
- Fri Feb 10, 2017 10:15 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Failure to surrender insurance card in dealership loaner
- Replies: 22
- Views: 8713
Re: Failure to surrender insurance card in dealership loaner
If stopped for a potential Criminal Code driving offence, you're still required to produce a licence, permit and insurance. Section 216 is simply authority to stop a motor vehicle. It has nothing to do with the production of the documents.
In the R v Simpson case "the police officer admitted that his decision to stop the motor vehicle had nothing ...
In the R v Simpson case "the police officer admitted that his decision to stop the motor vehicle had nothing ...
- Mon Feb 06, 2017 8:16 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: How to get an adjournment
- Replies: 4
- Views: 2392
Re: How to get an adjournment
Except for the officers notes, you won't get any of those disclosure items from the prosecutor. The only thing else you will get would be a copy of the device testing instructions.
- Sat Feb 04, 2017 8:17 pm
- Forum: General Talk
- Topic: Set fine wrong, total payable correct
- Replies: 5
- Views: 2429
Re: Set fine wrong, total payable correct
In opinion, still not enough of an error to have the ticket thrown out. Don't forget that your ticket is just a copy and may not have gone through all of the copies.
- Sat Feb 04, 2017 8:09 pm
- Forum: General Talk
- Topic: Set fine wrong, total payable correct
- Replies: 5
- Views: 2429
Re: Set fine wrong, total payable correct
The correct fine is $216 and $271. What you think is a 5 is probably a 6.
- Thu Feb 02, 2017 10:32 pm
- Forum: General Talk
- Topic: Incorrect Set Fine Payable - Force Fatal Error
- Replies: 19
- Views: 6849
Re: Incorrect Set Fine Payable - Force Fatal Error
31 over, the corrrect fine for an offence notice is $186.00 plus $35.00 for victim surcharge and $5.00 for court costs. Total of $226.00 This fine is for out of court payment.
The fines you quoted are the court fines I believe that can be used by the JP if convicted in court.
The fines you quoted are the court fines I believe that can be used by the JP if convicted in court.
- Mon Jan 30, 2017 4:18 pm
- Forum: General Talk
- Topic: Drive Motor Vehicle "No Permit"
- Replies: 12
- Views: 6667
Re: Drive Motor Vehicle "No Permit"
And having your insurance "on your phone" isnt any good either. You have to produce either a,valid insurance policy or the pink insurance card. The officer can't take your phone back to their car....
- Sun Jan 29, 2017 7:28 pm
- Forum: Hand-held devices
- Topic: Received Notice of Trial - need advice on next step
- Replies: 24
- Views: 7418
Re: Received Notice of Trial - need advice on next step
You might want to check with them in a couple of weeks though in case it's ready. It is your responsibility to seek out your disclosure, not theirs to contact you.
- Wed Jan 25, 2017 8:51 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Red Light Camera: Front of car over intersection marking????
- Replies: 9
- Views: 10411
Re: Red Light Camera: Front of car over intersection marking
I think we may need some clarification as to what is meant by the "intersection line". Does that mean the stop line or part of a crosswalk? Posting the picture would probably help.
- Sun Jan 22, 2017 5:14 pm
- Forum: General Talk
- Topic: Automotive technological advancements and their impacts
- Replies: 12
- Views: 2777
Re: Automotive technological advancements and their impacts
Most people I pull over don't know what a permit looks like, nor an insurance card. (I usually end up,saying "the green pice of paper and the pink one!" How would you expect them to navigate around the dashboard of a car!
- Sun Jan 22, 2017 5:08 pm
- Forum: Hand-held devices
- Topic: What if car is stopped at traffic light
- Replies: 26
- Views: 9336
Re: What if car is stopped at traffic light
Consider that most courts that deal with traffic offences and parking tickets do not deal with criminal cases at all. Our jurisdiction has a dedicated Provincial Offemces court. There are no "serious crimes" or "trivial cases"
- Wed Jan 18, 2017 7:25 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding Trial - Prosecutor Questions to Defendant
- Replies: 13
- Views: 4053
Re: Speeding Trial - Prosecutor Questions to Defendant
I'm hoping by that you submitted another request for disclosure when you noticed some was missing. It is on you to make sure the disclosure is compete and not up the the prosecutor to predict what you need or require.
- Mon Jan 16, 2017 1:48 pm
- Forum: Failing to yield the right-of-way
- Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
- Replies: 23
- Views: 15534
Re: HTA 144(7): Fail to Yield to Pedestrian - left turn, das
In order to argue in your own defence and to submit your video as evidence, you will have to testify. If all you are doing is defending yourself, you can only ask questions of the other witnesses.