If the defendant does not show up at trial, under the POA, a section 9.1 is conducted and without a hearing or the officer being on the stand a conviction is registered if the certificate of offence is regular on its face.
The offcer is not required to be there for this process.
Search found 726 matches
- Mon Oct 16, 2017 3:44 pm
- Forum: Improper use of high occupancy vehicle lane
- Topic: got pulled over on a bridge bus lane in Ottawa
- Replies: 29
- Views: 11162
- Wed Sep 20, 2017 7:56 pm
- Forum: Hand-held devices
- Topic: Hand held device - court
- Replies: 5
- Views: 4882
Re: Hand held device - court
Whether you own the vehicle or not has no bearing on what a fine should be in this case, and most others. Zero points is not an option if convicted of this offence.
Maybe the prosecutor needs to go back to school.
Maybe the prosecutor needs to go back to school.
- Tue Sep 19, 2017 2:37 pm
- Forum: Hand-held devices
- Topic: Hand held device - court
- Replies: 5
- Views: 4882
Re: Hand held device - court
I honestly don't think the prosecutor knows what they're talking about. There is no short wording for the offence of owner use handheld device. Demerit points are also out of the control of the JP and prosecutor. They are applied by the MTO after a conviction.
What charge are they actually using to eliminate the demerit points?
What charge are they actually using to eliminate the demerit points?
- Wed Sep 06, 2017 2:49 pm
- Forum: General Talk
- Topic: bicycle fails to trip green light sensor coil
- Replies: 11
- Views: 3947
Re: bicycle fails to trip green light sensor coil
If you're turning from a one way street to a one way street you can go left on a red light.
- Mon Sep 04, 2017 11:58 am
- Forum: Hand-held devices
- Topic: Display screen visible to driver
- Replies: 1
- Views: 3463
Re: Display screen visible to driver
No. Because it's not a device "prescribed" by Regualtion 366/09
- Fri Aug 25, 2017 2:44 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Failure to stop. 136(1)(b)
- Replies: 20
- Views: 15522
Re: Failure to stop. 136(1)(b)
A fatal error is something on the face of a ticket that a JP can see is obviously an egregious error. An example would be no city or location, no name of an accused, etc. Remember that the JP does not have the privilege of knowing the evidence related to the ticket at the time and they are also not privilege to the defendants copy of the ticket so ...
- Sun Aug 06, 2017 3:57 pm
- Forum: Parking Tickets
- Topic: Old Carriage Court Kitchener
- Replies: 6
- Views: 3145
Re: Old Carriage Court Kitchener
What other people were doing on Google maps won't have any effect on any current ticket. You just happen to have been caught on that particular day.
- Sun Aug 06, 2017 7:13 am
- Forum: Parking Tickets
- Topic: Old Carriage Court Kitchener
- Replies: 6
- Views: 3145
Re: Old Carriage Court Kitchener
Of course It's a two way street. Otherwise traffic could go down and not get out or visa versa.
Traffic must generally park with right wheels to the curb line.
You won't find any ministry documents to help you out either. It's a by-law and you should be able to locate it on the website for the local municipality. Check the ticket for the bylaw ...
Traffic must generally park with right wheels to the curb line.
You won't find any ministry documents to help you out either. It's a by-law and you should be able to locate it on the website for the local municipality. Check the ticket for the bylaw ...
- Sun Jul 30, 2017 7:54 pm
- Forum: Red Light Camera Ticket
- Topic: Received red light camera ticket
- Replies: 10
- Views: 13123
Re: Received red light camera ticket
Just so you're aware, the Provincial Offence Officer who certifies, does NOT have to appear in court just because you want them there. You're not likely to get a JP to order the appearance.
As per the HTA:
Challenge to officers evidence
205.20 (1) The provincial offences officer who used the evidence obtained through the use of a red light ...
As per the HTA:
Challenge to officers evidence
205.20 (1) The provincial offences officer who used the evidence obtained through the use of a red light ...
- Sun Jul 30, 2017 7:46 pm
- Forum: Exceeding the speed limit by 50 km/h or more
- Topic: Caught speeding excessively but wasn't pulled over
- Replies: 8
- Views: 5051
Re: Caught speeding excessively but wasn't pulled over
They can't charge the owner for speeding or stunt. They have to identify the driver.
- Fri Jul 21, 2017 7:58 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 121 km/h in a posted 80 km/h - Disclosure attached
- Replies: 37
- Views: 16255
Re: 121 km/h in a posted 80 km/h - Disclosure attached
A 300 m shot with a beam width of .75m (yes that is the correct width for some Lidar) is very easy with a motor vehicle approaching while your off to the side of the road. With zero magnification as well. It's an every day occurrence.
- Sun Jul 16, 2017 8:10 pm
- Forum: General Talk
- Topic: Speeding and Follow Too Closely
- Replies: 79
- Views: 29122
Re: Speeding and Follow Too Closely
Take a shot by adding that your first option would be to have the case withdrawn, then the next option would be to have an adjournment attributable to the prosecutor.
You can't get a hit if you don't swing.
You can't get a hit if you don't swing.
- Tue Jul 04, 2017 9:47 pm
- Forum: Exceeding the speed limit by 50 km/h or more
- Topic: Stunt Driving in Peel
- Replies: 8
- Views: 6098
Re: Stunt Driving in Peel
The trial can also be held in any adjacent jurisdiction. As per the Ontario Provincial Offences Act.
- Wed Jun 21, 2017 10:55 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Caselaw for speeding on curved road
- Replies: 5
- Views: 3163
Re: Caselaw for speeding on curved road
If you're basing your appeal on the fact that the Lidar was "inaccurate" you're going to have a very difficult time. From you description it sounds like the officer was not level with the path of travel and off to the side. This would produce a cosine angle affect that would put the reading displayed as lower than how fast you were actually ...
- Thu Jun 15, 2017 4:50 pm
- Forum: Courts and Procedure
- Topic: Prosecutor didn't read the charges
- Replies: 4
- Views: 3400
Re: Prosecutor didn't read the charges
The prosecutor doesn't read the charges out in court. The Court Clerk or sometimes the JP does this. It's not usually done until just before the accused enters a plea of guilty or not guilty. In your case you're attempting to do neither.