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Excellent! 11B it is. Nicely done, you handled that situation perfectly. I'd start putting together the 11B paperwork ASAP. The Crown caused all of these delays and you should be able to get the charge stayed.

Nope. There is some discussion about "cosine error," or "cosine effect," but it is miniscule and actually works in favour of the defendant. It is not sufficient to quash the charge. Do you have a trial date yet? If so, have you filed for/received disclosure?

Click on this link. Section 3 deals with failure to produce insurance:

Compulsory Automobile Insurance Act of Ontario

This section of the forum deals with insurance issues:

http://www.ontariohighwaytrafficact.com ... t-f63.html

Toronto is now revised to: 1 MINUTE!? :roll:

TTC already said they could not comply because if they need to idle the buses for 3 minutes before turning them off, otherwise they'll blow the turbocharger. Council didn't care. Of course, this was passed with the last City Council in power, which did everything humanly possible to make travelling ...

Since you quickly corrected the situation with your licence, that will work in your favour. Keep us posted, but I think you'll probably be okay.

Good luck with it.

Surcharge would mean your insurance is increased for the next 3 years by charging you an additional fee for the speeding ticket. 29 over would, in all likelihood, result in a lower increase.

For the paralegals - I read "Perth" and I thought Perth, Ontario - which is near Ottawa, but you'd wrote "Perth south region." That's my mistake. There are ...

Do insurance companies judge based on how many points you get off?
or by how much you speed?
considering its my first ever offence, would they ignore something like this even if it costs me 4 points?


This is a common misconception. Insurance companies do not keep track of demerit points. They only care about convictions, collisions, and ...

I would suggest this is border line making a false statement in court as disclosure (no matter how late) was provided/available by the crown.

Yes, the defendant should say exactly what happened: "Crown attempted to give me disclosure this morning." No argument there.

Respectfully, though, I'd say that the defendant needs to make a case that ...

Certainly a Justice of the Peace would have some sympathy for your situation, however that probably won't be enough to get you out of trouble here. Both offences are very serious. What I would recommend (strongly recommend) is that you seek some form of legal representation if you can afford it. Many paralegals and traffic lawyers offer free ...

That's an odd one. Technically, because you passed a school bus with its lights flashing, you theoretically could be charged. However, if the bus driver was clearly waving you past, I wouldn't worry about it. As far as anything in advance: No. Don't say or do anything. All you can do now is wait.

Option 1 is pay it and that's it. You will probably get an insurance increase, and you will get 4 demerit points on your driving record.

Option 2 is to plead guilty with an explanation. You would then go to court and explain why you were speeding, and then the Justice of the Peace might (but doesn't have to) lower the fine. You would still get 4 ...

How long ago did you first file for a trial?

MartinBrice wrote: Accept the JP's decision, and then appeal it?

Yep, appeal it.

Yes it is, although I'd serve the Attorneys-General first. I'm filing an 11B right now. As an FYI, I have sought a professional opinion from someone who is very familiar with the process, to ensure that I get the paperwork correct. Just keep in mind, if you do fax or mail the Attorneys-General, you need to have an Affidavit of Service for them ...

Any paralegal in Ontario has to be licensed by the Law Society of Upper Canada, so they are regulated. Lawyers are, obviously.

As always, I'd suggest a good discussion with your potential representative, and see how often they deal with traffic issues, success rates, and see what they think about your particular matter. If the person is rushed ...

Yes. Disclosure, motions, etc., are preliminary matters and must be dealt with before the trial starts. Show up early, check in with the Prosecutor. Do NOT accept the disclosure package if they have it and want to give it to you before trial. Tell them that you are going to have to speak to the JP first. Instead, when the trial is about to start ...

O. Reg 615/1990 governs street signs:

45. A sign prescribed by this Regulation, other than a sign prescribed by section 13, 14, 15, 24, 25, 26 or 27, shall be so placed as to be visible at all times for a distance of at least 60 metres to the traffic approaching the sign. O. Reg. 175/08, s. 15.

47. Where the characteristics of a highway make it ...

Does this also apply when there's no good (or 'safe') place to stop the vehicle?

Technically yes. However, if it is not safe to stop, what I'd do is stop at the nearest safe location and call the police from there.

Also, for curiosity's sake, if I was a pedestrian at that same intersection and a I witnessed a similar thing happened (yes, this ...

Chances are the paralegal would review disclosure of the evidence (collision report, officer's notes), and see if it is likely that they could beat the charge at trial. If not, they'll likely negotiate a lesser charge. Without that witness, it will be difficult - he said/she said. The trial would have to focus on discrediting the other driver's ...

You can ask for an adjournment to get the rest of the details, however calibration records/proof of calibration is not required. The officer's notes and the critical parts of the manual would generally satisfy disclosure for a speeding ticket. The only thing the officer has to do is test and use the device in accordance with the manufacturer's ...

Agree with Reflections. If you have a court date and/or First Attendance date, go ahead and request it now.

1. For your first incident...

200. (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,

(a) remain at or immediately return to the scene of the accident;

(b) render all possible assistance; and

(c) upon request, give in writing to anyone ...

details on how the speed clocking device should be calibrated

Did you mean tested or calibrated? Calibrated is where the manufacturer or a repair shop tinkers with the device to make it accurate, and bench-tests it using all kinds of sophisticated doo-wackies. Testing is done by police to ensure the device is still working properly. Proof of ...

I am just trying to round up some case law where the defence was won based on an obstruction to the device created reasonable doubt.


Not too sure of case law. Have you filed for disclosure yet? If so, one of the key components that they need to give you is access to the radar/lidar manual. If it says an absolutely clear line of sight is ...

Careless Driving is a very serious charge. Personally, if I ever got charged with it, I'd hire a paralegal without a second thought. viper1 is right, in that you could plea-bargain to a lesser offence yourself, but things can get complicated. That's why, unless you're in a tough spot financially, if I were you, I'd go ahead and hire someone. But ...

I never expected the other driver to put out a bald faced lie.

Unfortunately, this happens far more often than you would expect.

I have hired a para-legal.

That should be fine. Actually, I would caution that although a lawyer may seem a much better course of action, that is not necessarily the case. In fact, there are instances where people ...

Forgot to mention... the Affadavit of Service form can be downloaded here (it's form 16B):

http://www.ontariocourtforms.on.ca/english/civil

Scroll down the page until you get to it.

Yes it is, which is why a lot of people would hire a paralegal to do it for them. If you can't - it's a lot of travelling!

Call the Toronto Police division that is responsible for your neighbourhood. This website should provide some answers in that regard: www.torontopolice.on.ca

Realistically... there isn't much chance that they'll do anything about it, but you can try.

Affadavit of Service... there are a number of Commissioners of Oath that could help you with that. Not sure where in Toronto you live, but there are plenty in the phone book. Should be able to find what you're looking for with a simple phone call.

The other strategy is to actually serve notice upon the Attorneys-General of Canada and Ontario ...