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Your last name has to be correct. If the name is incomplete, the ticket is still valid and won't be quashed due to not being "complete and regular" on its face. However, if you really put together a solid case, there is a small possibility (emphasis on small) you might be able to convince the JP that the officer was error-prone at the time he ...

those signs used to read "Emergency Vehicles Only" Not sure why it's changed.

You actually answered your own question...

Snow Plows in service

O-dot got tired of getting 9-1-1 calls from motorists saying "I just saw a snow plow use an 'emergency vehicles only' U-turn."

You'd think people would have enough common sense to not be phoning ...

Also depends on where you are in the province...

Sounds like the JP was "interesting," for lack of a better expression. :roll: There's also lots of appeal court precedent about disclosure of the manual. The JP cannot force you to "waive" your right. What it sounds like happened, though, is that the JP ruled that the adjournment was your fault, and it "stopped the clock" (for the time being) on ...

In a word: No. You have to go to where the trial is. Moving the trial is not possible.

If I read your post correctly, the radar manual was not provided, correct? If so, they do need to provide that (plus officer's notes, which you did get). Try asking again for the manual, and keep a record of it. If that fails, file for a stay.

They are not required to show you the radar reading even if you ask. Some will, some won't, but there is ...

From my perspective, swearing that the content of the factum is completely truthful should be sufficient. You could get a Commissioner of Oaths to help you with that.

:shock:

Title line says it all. If you think it's too easy for Prosecutors to get a conviction for speeding in Ontario... watch what happens if you get stopped in Ohio. :shock: Ohio has been known for many years as having the heaviest traffic enforcement on the continent.

Now in the Buckeye State, the only thing that is required for a conviction ...

You may want to advise the officer that you already filed a report with the Collision Reporting Centre, and go from there, if you wanted to go that route. Usually, though, what I've found in these situations is that it is better to talk to the officer and tell your side of the story. If they only have one side, that usually does not bode well for ...

I've said this many times before: Some charges are no problem fighting on your own, if you do your homework, but in my opinion careless driving is NOT one of them. If I got charged with careless driving, I'd be talking to a paralegal or a lawyer. It's a very serious HTA charge.

In legalese, careless driving shows a departure from the standard of ...

How do they "find out" that they have to provide the manual?


The "finding out" part is when the defendant cites all kinds of case law that supports the requirement that the manual be disclosed to the defendant, and the JP agrees and stays the charge. But the defendant must ask the Prosecutor for the manual. So many speeding charges have been ...

Or in Ontario...

Speeding is absolute liability unless the defendant is charged with stunt driving, speeding 50 km/h over the limit under s. 172 of the HTA. Then it is strict liability.

Thanks for sharing! You definitely were well-prepared for the defence. This should help many others.

Reasonable doubt? Nice job on the win.

Would you mind sharing some of the details (eliminating the stuff that would make you or the officer easily identifiable) so that others can learn from your experience?

Money is also money, at the risk of stating the obvious.

Conviction = $60. Okay, fine. How much more will you pay in insurance? Does their insurance company forgive one ticket, or stick it to them? Some of them will jack rates up by $500 per year for one ticket, and that sticks for three years. So the guy might've saved $1500 by sticking around ...

If he didn't photograph the act itself, there's not much proof that the officer can use. The TTC driver would have to attend court for the charge to stick, and even then, it's his word versus yours. He's not a "professional witness" like a police officer, either, so without a collision or other witnesses, the odds would be in your favour. That said ...

Duplicate post from General Talk.

Thread locked.

In any situation where a police officer is looking for a specific offence (in this case, the turn), they'll stop the first vehicle they see that does it. It's kinda like officers pulling people over for speeding when they're doing a roadside speed trap: They stop the vehicle at the front of the line (unless it's the OPP airplane). This may seem ...

The two defendants who refused to take the plea bargain had likely done their research and realized that they'd either been charged with the wrong offence, or the officer's notes were terrible. There are plenty of situations where plea-bargaining would be a good idea. It doesn't sound like this was one of them, however. I will say that most people ...

Incorrect plate number is not a fatal error. The plate could've actually been completely omitted, or been completely wrong, and that wouldn't affect the outcome.

As for the officer's comments, there is a fairly real possibility that, if you did go to court, the charge could be brought back up to 104 in an 80 as opposed to 90 in an 80. The Ontario ...

:shock:

Could you be a bit more specific?

Without all of the details, I'm going to say this: In order to even get a trial date, you have to file for a trial - which means "not guilty - trial option." I don't agree with the legal professional's assessment. I'd plead not guilty, then after they introduce evidence, file a motion of non-suit. That ...

Your strategy seems like a good one, given the circumstances. The officer had some extremely detailed notes, the Crown fulfilled their disclosure obligation... I'd say what you're planning to do is your best bet. Let us know what the outcome is, though!

I know that southbound Erin Mills Parkway at the westbound 403 off-ramp light has a red-light camera, as I have seen it activate to catch people blowing the light. If that wasn't where the offence occurred, the best thing to do is actually go to the intersection and see if there are any cameras there. You could ask the officer if he noticed the red ...

Some of the newer Provincial Offences Notices have a "NO" check box beside the "motor vehicle involved" part. On these tickets, the box only gets checked if there was no motor vehicle... for things like what Simon described, like liquor tickets, etc.

Conversely, this could also go under the category of "deface plate" under 12 (1) (a) of the Highway Traffic Act.

Personally... I'd attach the eagle to some other part of the car, just to be on the safe side. But that's just me.

A 1-year licence suspension for drunk driving is perfectly fair. In many US states, you would have gone to jail for the first offence. Some states don't even bother with an ignition interlock, they just confiscate your vehicle. You call this a police state? Try drunk driving in a place like Saudi Arabia and watch what happens. What happened to you ...

USA still allows motorists to be stopped to check driver status, vehicle registration, etc. Mostly it depends on which state you're in. Some do, some don't.

But that's just me.

You're not alone.

when he was convicted in court was pissed and yelled that they should be convicting 'real' criminals.

They all say that. It's always someone else ...

If you have a witness who can testify that, indeed, you were not using a cellphone or any other such device, that's what will be the core of your defence.

Just an FYI... I merged all of your posts for this ticket under this thread. That way we can all keep track of all of the developments instead of having to look in multiple places. Makes it easier to give advice that way.

Well, unfortunately, familiarity with the area, and even a history of no driving convictions, won't really help you beat this charge.

The best thing to do is fight both tickets. There are some strategies you could use after you've set a trial date. For example, where was the officer when you allegedly failed to stop? (Behind, on an intersecting ...