Just to close this thread in case anyone is following it.
I went to court and pleaded guilty to a lesser fine.
I spoke with the officer afterwards and brought up the issue with the laser retest time. This is what he said:
He said the entry before the tes…
My experience in court. This is what happened to me yesterday. I think it's very typical but I'm writing this for people who have never been and may have questions on how things work (like I did a couple days ago).
I was charged with speeding, 29-over.
I got there about 1/2 ho…
Finally Over I spoke with the prosecutor 10 minutes before the trial. Standing next to us was this tall bald officer, who I think was the one that stopped me (not 100% sure). I don't remember him being that tall when he stopped me, which was pretty intimidating. Prose…
The paralegal didn't seem too interested. He seemed preoccupied with other stuff he was doing. But it was a "free" consultation after all.
Good point about the manual... I just went through it and it mentions "daily test to be performed b…
Radar Identified wrote:
I don't buy that. I believe that the paralegal may have indeed said that, but I don't agree with his take at all. Here's why:
R. v. Schlesinger, 2007
I read that case and thought it was a slam dunk, until I spoke with the para…
Simple questions on record keeping of offences. Some simple questions...
Let's say a traffic conviction stays on an insurance company's records for 3 years... when does the 3 year time start? At date of offence, or date of conviction (which can be many months after date of offence)?
If you are found …
hwybear wrote:Just an FYI, the speed can only go up to the number given as evidence from the officer in a trial.
Thanks, but that doesn't provide any comfort if he's allowed to go by memory (since nothing is mentioned in his disclosure notes). If his memo…
Sorry for not being clear - the officer was using a tripod at the side of the road and flagged me down. He said I was clocked at 94, but reduced it to 89.
Anyway, I've pretty much decided to end the pain and try to plea bargain for a lesser fine. As I've…
Radar Identified wrote:Hold on, did you hire a traffic ticket fighting company?
No, when I left the court offices, 50 feet away was this "we fight traffic tickets" place. So I went in for the free consultation. Only to leave more confused as wha…
The system works - it beat me down until I gave up. I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a fri…
hwybear wrote:FyreStorm wrote:
But memory is the entire point...notes alone are useless, the officer MUST testify from memory as does the defendant.
I have soley used my notes for testifying. Here is how/why. We are asked if we have an independent reco…
One more question... if they bring up the 94km/h issue, would they give me the chance to plea bargain at that time, or once they bring it up there's no return and I have to fight it through all or nothing?
I remember reading a case law where the defendan…
I think this is what I'll do.
I'll walk in tomorrow morning to meet the Justice?Prosecutor (what's the difference?). I'll mention there is no valid time shown in the officer's notes for a retest of the laser gun during that day. If this is enough to squa…
Radar Identified wrote:Crown did not disclose the correct manual = adjournment + delay charged to the Crown... If you act on it. Did you send another note asking them for the correct manual? Also, how long has it been since you were ticketed?
Ticketed …
hwybear wrote:speed can be ammended up.... here is the post under "courts" as a "sticky"
http://www.ontariohighwaytrafficact.com/topic1393.html
I read that sticky, but I'm trying to determine if it is valid for my situation since there…
Um, the officer kinda mentioned something like that at the stop.
But I could be wrong because I was so nervous, so I was hoping his notes would refresh my memory.
But if not in his notes then theoretically any cop can increase any speeding fine by sa…
Thanks for the advice.
This is what I plan to do, please tell me if it makes sense.
Show up before my court date and talk to them to see if I can get it thrown out on technicalities. I was told I can show up any day (M-F) at 9am - no appointment or anyt…
My understanding (which is very limited) is to request an adjournment I have to go in person to make a date, then return on that date to get the adjournment.
So basically 2 days off work just to do this.
Does this sound right or is there an easer way?
Wh…
