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Now here is a question I do not know the answer to... why are some fields different on the Certificate of Offence versus your Notice of Offence? I would think they should be identical.
It's just the part at the bottom where on the accused ticket it says "you have 15 days etc", on the officer's copy there is a spot to fill out if a summons was ...

I've removed the part about the original notes and added the justification for the full manual and will be sending this today. I also found the relevant case: R. v. Stinchcombe .

The ticket was computer generated; the officer's copy says "Certificate of Offence" at the top. I know it's the officer's copy because some of the fields at the bottom ...

Thanks jsherk. Since this is the first appearance I will just make do with the adjournment.
After all the worrying we finally received the disclosure package in the mail! (Regular, not Registered - along with the friendly Winlow warning). Anyway the officer's notes are included in a typed version only - are they entered this way or should I be ...

So 3 requests and 11 weeks later, still nothing! Pretty soon we will be at the 15 day limit for a charter application. Do these have to be done for no disclosure (like 11B) or can I just ask for a stay on the trial date? I know the JP will likely grant an adjournment, but is there any relevant case law for arguing in favour of a stay in this ...

You do have the right to pay.

What law says that?

I am not sure which law (might be in CAIA?). I was recently at an accident reporting center and the employees there told me that the person at fault can pay for damages out of pocket instead of having insurance pay for it (what insurance company would deny that?). The accident still has to be ...

You do have the right to pay. However at this point your insurance will know that you have an accident on record. I'm not sure if the impact on your premium from having an accident+claim is any different from accident only - you'll have to contact your insurance company to find out.

Thanks for the input everyone. Please note I am not trying to avoid receiving disclosure. I just think it's dumb that for this one thing they refuse to use mail, which is what's used for every other court communication. It's just as easy to stuff the documents in an envelope and write an address as it is to scan everything and make sure it gets to ...

Hello Folks,
I am at it again helping someone fight a ticket, this time in London. I have a few questions dealing with the disclosure request.
The prosecutors here seem to have gotten smart to the usual tactics. They now include a whole page (instead of the 2" tear-off slip) with one side for filling out defendant's information and the other side ...

My plan was to motion for a stay due to a lack of disclosure, though I've heard that when you do that they usually just give it to you on the spot and then adjourn.

The reason I refer to it as a "trump card" is that I did not tell the prosecutor - I was waiting to tell the JP. As far as the prosecutor was concerned, I was prepared for trial and ...

Fine amount is based on speed you are charged with ( here ).

$6.00 per km over = set fine of $192.

Victim surcharge (based on fine amount, here ) of $35 plus $5 court cost ( here ) gives a total fine of $232.

The $192 quoted above was likely the set fine amount before the extra taxes were added on. If your total payable for 32 over is $227, it ...

I had one in Chatham-Kent a few years ago. It never got to trial but this is how it went:

- Mid November, 2010 - ladar operator sitting under the overpass, pursuit vehicle came off the ramp to give me ticket for 36 over.
- Requested trial, received court date in January 2011 for April.
- Requested disclosure twice over the next two months, never ...

Just an update on this. The prosecutor offered 15 right away, so I tried to negotiate him down but he wouldn't budge. As this was only four months after the "offense" and the tax officer was present, I figured an adjournment wouldn't add very much time so I took the deal.

A couple notes about the Sarnia provincial court:
1. In the notice of trial ...

I did a bit of digging on the forum and found answers to both my questions:
Here for representation and here for charge amendment.

We've printed a letter that states that she has authorized me to represent her and will also get a signed letter from her boss stating why she cannot attend that day. I will post an update after the court visit.

Hello folks, just wondering if I can get some advice on this one:

In January, my mother got a speeding ticket in Sarnia for 20 over (reduced from 40). She sent in the ticket with option 3 selected and finally received a court date on 18 April for 16 May (less than a month). We faxed in the first disclosure request the same day, and another one ...

Your TD Meloche Monnex insurance will likely increase. I recently signed up with them and I had a minor speeding conviction from 3 years earlier (it was about 2-3 weeks before it wouldn't affect the premium). My rate was about $100/year higher than it would have been without the single conviction (or so they told me).

It will be very difficult to ...

You could still get a stunt driving charge with even a 100km/h speed governor on city streets. I agree with Radar Identified. He's not saying that speed is good, he's saying that bad drivers are dangerous regardless of their speed. The autobahn is safe because people are focusing on the road and driving safely, not watching their speedometers and ...

At the end of the day compliance is the goal, not charges. If people know/suspect there's a speed trap in a certain area, they'll tend to slow down, regardless if police are present or not.

I agree with this, to a certain extent. If you are convicted enough times, they will take your license away for lack of compliance. However, if they just ...

Always pick option 3 - you have a right to a trial, even if you are guilty. Pleading guilty with an explanation is just a waste of your time unless you can demonstrate extreme financial hardship, which may lower the fine but your insurance premium will still increase.

Once the ticket has been filed, it is no longer up to the police officer. The ...

So the general consensus seems to be keep to the right unless passing, which I agree with. However I still think that the speed limit complicates things a bit. What if someone wants to obey the HTA but the right lane is traveling at (assume 400 series) 90? Could he be charged for passing them at 100 (assuming he is blocking in speeders)? I know he ...

Hello everyone,
I've been wondering about this for some time. Hopefully someone with more knowledge/experience with the HTA can provide some insight.

First, the sections on which my question are based:

Section 128 (Rate of speed)
128. (1) No person shall drive a motor vehicle at a rate of speed greater than,
...
(f) the maximum rate of ...

Trying to understand what the issue really is here....

http://g.co/maps/4k5zf

There are four signs indicating no through traffic, two prior to the intersection two on the traffic lights. There are also lane signs posted prior to the intersection indicating the left and centre lane are for left turns only, and the right lane for right turns only ...

It looks like your only options at this point are to either request an adjournment in order to request disclosure OR to request a stay because of the delay.

Print a couple copies of this case: http://www.canlii.org/en/on/oncj/doc/2009/2009oncj150/2009oncj150.html
Because you'll be making your 11B motion at trial, the prosecutor will likely go ...

VICTORY!!!!!

Today was my second day in court and it was the best result anyone could ask for. This is how it went down:

- I signed in. The prosecutor's name was crossed out and a new one written above (different prosecutor for my case - not sure if this had any bearing on the final decision). I told the clerk that I had already spoken to the ...

Simon Borys has more information about it here:
http://simonborys.wordpress.com/2010/08 ... r-3-years/

As far as I know, there is no way to get a pardon for things like HTA offenses.

If you could see them in time to slow down, it wouldn't be a trap now would it?

Because it is an absolute liability offense, using "I wouldn't have been speeding if I knew the police were there" as a defense really won't hold up in front of a JP.

Did one radar/lidar you and another pull you over to take your information and give you the ticket ...

Ok my mistake I guess I didn't look that close. If it was on an Ontario highway it would be HTA. Incidents like this still happen here all the time.

Cop violates HTA 158 and then forces the driver to move so that he can then (presumably) violate HTA 128. Is there any way for citizens to charge police officers under HTA? I see this sort of thing all the time.

If the "slow" car was traveling at the speed limit he should have moved right back over behind the cop.

A copy of the case I linked to, just print it out. It will prove to the prosecutor and JP that you are allowed to make the motion. A printout of section 109 of the Courts of Justice Act (the reason that the JP initially rejected the motion) wouldn't hurt either.

I intend to do this at my trial in August, but you might want to hear from the more ...

According to this case,
http://www.canlii.org/en/on/oncj/doc/2009/2009oncj150/2009oncj150.html ,
you can make the motion at the trial without providing notice. I haven't seen anyone on this site recommend this method so I may be wrong. The case is a relatively short read through, but it basically states that you don't have to provide notice ...

the only way to avoid an insurance increase is to not be found guilty. To an insurance company a 34 over is the same as a 1 over.

I'm going to disagree with you on that point. Most insurance companies have a cutoff speed, where a speeding ticket is no longer a minor conviction but a major one. For many it will be 50+, but some companies have a ...