Thank you very much for the information.

Do you know if Disclosure should include information from both the officer on the ground and the officer in the plane? Would both be required to attend at Court?

Thank you again!

Can anyone point me in the direction of case law supporting a margin of error for aircraft radar?

Thank you!

I have an appeal for a client whose offence notice has a correct set fine but an incorrect total payable. The matter proceeded under s. 9.1 and a conviction was registered. I have done much research and it seems that the more recent case law (R v Gandhi [2011] O.J. No. 2642) states that as long as the set fine is correct, the total payable is basically irrelevant and an incorrect total payable does not constitute an error on the face of the ticket. I take issue with this. In this circumstance, the set fine was $260.00, and with costs and victim fine surcharge, the total payable should have bee...

Can anyone tell me what happens with the driver's abstract while the matter is under appeal? (The fine has been paid and the appeal has been filed.)

Would the appeal be noted on the driver's abstract? Will demerit points apply?

Thank you very much.

The original charge was speeding 60 over and stunt. Stunt will be tossed and a plea to 60 over, plus fine, 6 months probation and 30 hours community service.

Have you heard of this?

Thank you.

If I receive a seatbelt ticket in a commercial vehicle and no CVOR number is indicated on the ticket, is that error fatal?

Thank you.

Section 11 of the Provincial Offences Act covers reopenings. It sets out 2 conditions under which a conviction can be reopened. 1) The the defendant, through no fault of their own was unable to appear for a hearing and 2) A document relating to the offence was not delivered. In other words, probably not, just for a change of heart. Thank you for your response. I appreciate it. This is not a reopening. It is an appeal. A reopening was not possible because the fine had already been paid. When the accused went back to city hall a few minutes later to ask for his money back because he wanted to d...

A young man received a ticket, his first. He was pretty shook up and headed directly to city hall and paid the ticket within minutes after getting the ticket. He then told his mother what had happened and she told him he should have contacted a representative to see what could be done with the ticket. He didn't realize he could do that. He wants to appeal.

Would it be successful? There was no trial so there are no transcripts to order.

Thank you.

Someone pulled out to pass a tractor trailer that was throwing rocks up from the tires, and the rocks were damaging the vehicle, which was a rental. In disclosure, officer claims the accused forced him onto the shoulder while passing the truck. Goes to station and lays charges of careless and stunt (driving in oncoming lane with traffic approaching.) Took the car and license, etc.

What is the best method for defence in this scenario? Any input appreciated!

Thank you!

Someone pulled out to pass a tractor trailer that was throwing rocks up from the tires, and the rocks were damaging the vehicle, which was a rental. In disclosure, officer claims the accused forced him onto the shoulder while passing the truck. Goes to station and lays charges of careless and stunt (driving in oncoming lane with traffic approaching.) Took the car and license, etc. What is the best method for defence in this scenario? Any input appreciated! Thank you! *********************************** duplicate thread. this one locked use: http://www.ontariohighwaytrafficact.com/topic2228.html

What are the procedures for the hearing of an Appeal? Here is the situation: A young driver got pulled over for running a red light, and was so freaked out over it, he drove straight to City Hall and paid it. Mom freaked out when he got home and told him he should have consulted with someone over it. He didn't know he could fight it, so he went back to City Hall to ask for his money back and to indicate that he wanted to fight the ticket. City Hall had already processed their finances for the day and couldn't refund his money and told him he would have to file an appeal, which he did. Now the ...

Can anyone tell me what the effect of a conviction for fail to stop for school bus-owner will have on insurance rates for a G2 driver? I realize it carries no demerit points, but I have received several different answers to my inquiries concerning the effect on insurance, particularly for a G2 driver. Some say it will have no effect, some say it will have a devastating effect, as even though it is zero points, some insurance companies still view it as a major offence and will increase premiums or even drop the insurance. I am hoping someone will be able to speak from experience, or possibly po...

I requested it on Friday, and got a letter from the Crown today saying I could go there and see it. Of course, "there" is five hours away, so I would be seeing it just prior to Trial.

I really need to know about the before stop testing, and whether the Court would allow the officer's notes in that regard to be provided at this late date. I would think it would be not be allowed, but I am hoping someone has been through this and can tell me what their experience was.

That is my question Neo...would the notes be allowed? Unfortunately I am short on time as the Trial is Thursday. If the notes would be allowed, I may try to amend it down. If not, I would ask the Crown to withdraw. Just trying to decide which way to go.

Thank you all for your help.

I have reviewed the officers notes and find nothing to indicate it was tested before the stop. The notes do indicate a test afterward, but not before. I suppose it is possible the officer simply forgot to include the start of shift test information. I have requested the manual.

Does anyone know off the cuff the name of the specific caselaw regarding the testing requirements before and after shifts?

Thanks.