Ontario Highway Traffic Act

beleafer81 wrote:Judging from previous posts I dont think so. I dont think the cop needs to be overly specific on the ticket. Thats what disclosure is for.

Correct. If the location is MISSING the ticket is invalid. If the location is incorrect, the ticket isn't invalid, but it provides ammo for the defence.

Can this be done at any point before the trial date?

Sort of... but it should be done ASAP.

Will I need any documentation if I say it's my grandmother's funeral?

Probably not, but you should have documentation in case they ask for proof. The JP would be perfectly reasonable in making that kind of request, too, IMO. If you've got a lot of ...

Marquisse wrote:If you can show prejudice and that you went above and beyond to attempt to receive disclosure, then I can see a better outcome for an 11b.

+1

If anyone knows the name please reply as soon as possible so I can start my disclosure request.


I don't know the name, there are several different types in use. However, if you're wondering, you don't actually need to know the name/make/model of the device. This happens quite often in speeding cases, where defendants request a copy of the ...

I am sure there must be an external testing procedure otherwise we are relying on the device to test itself.

We've had an extensive (and on-going, unresolved) debate regarding whether or not internal tests are sufficient. My contention was, and is, that they are not. The in-car radar devices that are affixed to the patrol vehicles typically are ...

Speed itself may constitute careless driving, but on a lonely, quiet, isolated road with no way of verifying speed... tough call... Some relevant information:

The courts have ruled that this means that careless driving is where someone's conduct clearly falls below that expected of a reasonable and prudent driver. (R. v. Martinez, 1996) Driving ...

Mazda wrote:Question: how would I go about rescheduling the trial to a later date?

Go to the courthouse and ask for the paperwork to file a motion to re-schedule the trial. You'll have to appear before a JP and explain your reason for wanting to re-schedule.

I guess the next question is, what section were you charged under? Even with her blocking the intersection, any turn you make has to be in safety. The only way to really "beat" this charge would be if you were charged under the incorrect section, or if the "witness" (other driver) fails to show for trial... otherwise the only course of action I ...

1. My ticket was issued on December 5th with a set fine of $260 and payable of $325... I see now the fines have increased to set of $400 and payable $490. When was this increase made?

The increased set fine amounts went into effect on January 1 of this year. As your ticket was issued before then, if the case is settled out of court then you ...

I'm thinking though that I will try to speak to the Prosecutor before-hand if possible, and plea bargain it down to something without demerit points (Thanks for letting me know, I didnt know something like this was possible.) I'm still in the high-risk category so I think my insurance rates will skyrocket...


Some courthouses in Toronto offer ...

So, in the end, the Judge told my girlfriend to come back in August with the proof of what was inside the registered letter.

Just a question... do you know if the JP told the clerk "make sure I am seized for that day"? Regardless, I think the JP was preparing for a favourable ruling to your girlfriend. Otherwise, he would've ordered the trial to ...

So would it be correct to say that she came through the intersection, stopped, you started to turn and in the process of turning you scraped her stopped vehicle?

Step 1. Pay fine.
Step 2. Order transcripts.
Step 3. File appeal at courthouse.

However - in order for your conviction to be overturned, the Justice of the Peace must have erred in fact or erred in law. Translation: JP had to either have improperly interpreted evidence or failed to properly consider evidence brought before the court, or not ...

After you get around the turn you should step on the gas peddle to get up to speed. (This case 100 KPH)


:?

Those advisory signs are not set by engineers and are invariably well below the design speed of the curve. (EG Hwy 401 W/B on-ramp to S/B Hwy 427: Advisory speed = 90 km/h, Design speed = 130 km/h.) Actually, studies have shown people ...

The only thing I can really recommend is, if you believe that your interests have not been properly represented by your hired counsel, talk to them directly. If they did "screw you over," I'd suggest discussing it with the Law Society of Upper Canada.