Ontario Highway Traffic Act

This is a bass ackwards system and its non-sensical
(if your common-sense is fairness based), and it is patently unfair to us.

I couldn't agree more.

They only hold the driver responsible because a pedestrian has no insurance, imo, and therefore, no big money backing him/her up.

That's the big problem... seems like the Fault Determination ...

Justice Livingston in the R. v. Wilson case outlined what is required. That case itself is not available on line, but it has been referred to in the R. v. Hargan case.

This is the key excerpt that you're looking for:

Livingstone J. in R. .v Wilson, [2001] O.J. No. 4907 (Ont. C.J.) considered that in order for a certificate of offence to be ...

1. What would be the likely result of this argument? Stay or adjournment?


If the defendant specifically said in the disclosure request: "I want the officer's notes showing when the tests were done," probably a stay. Otherwise, I'd bet on an adjournment.

. Do the notes have to say "tested per manufacturer's specs" or is tested at 9:55pm ...

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.

The "before and after" tests are absolutely required. Now, there is some controversy, such as the R. v. Sanders case where the JP ruled that the notation of the tests are not required ...

Demerit points are not written on the ticket. For 19 km/h over the limit, you would get 3 demerit points. There is a link at the very bottom of this page to the Demerit Points Table.

You only get demerit points if you are convicted or plead guilty. If you are found not guilty or the charge is dropped, then, obviously, you wouldn't get demerit ...

No radar manual, etc.

I sense "stay of proceedings"!

He also didn't even receive a copy of the officer's copy of the ticket (isn't that required if requested??)

This I'm not too sure about. The only time it would be required is if there's something on it that would have a reasonable possibility of assisting the defence. If there's nothing ...

Personally I'm at the point of only suggesting bilingual defence as an option, but not to rely on it. It may work in some isolated cases, but in most cases it does not. The Myers case went to appeal and she pled guilty instead of going through a trial; as far as I know, that's how it ended.

no, you are only entitled to what you ask for.

This is an important point. If you don't specifically ask for something, the Crown is not going to give it to you. The other thing is, the material has to be relevant and have a reasonable possibility of assisting the defence. Officer's notes, the radar manual, by-laws and things like that count as ...

I found it quite odd that a MOTORCYCLE in MOTION going the OPPOSITE DIRECTION can determine the speed of a car. So I wanted to know what method he used to predict the speed.


Some police motorcycles have the radar device with a built-in readout display installed on the motorcycle itself. It's integral, so basically the officer simply pushes a ...

Notes are a way for the people who got caught to try and find a loophole to get out of the charge.

"Loophole"?

Notes sometimes show things like:

- Officer did not properly test speed-measuring device
- Officer did not properly observe offence (particularly true at signalized intersections)
- Officer observed defendant do something but ...

If you were not stopped at the scene by the police, a charge against the vehicle owner does not have demerit points since they could not identify the driver. It also would not affect your insurance premiums. Failing to stop for a school bus where the owner is charged also does not go on your driver record. You would, in the unlikely event that the ...

WOW that was quick. They can't just give you the disclosure package on the day of trial or two days prior to trial and not have it be prejudicial... but 2 weeks-1 month prior might be enough... I don't have any case law references on that, unfortunately. Some others might, though...

In the mean time, get your defence statement ready. The Sandhu ...

Soooo that's great. One month prior they finally decide to get it to me and now what do I do? Do I pick it up? These past two weeks i've been legitimately on the road for work so no chance of picking it up and I can't exactly get somebody else to pick it up since they need a signature.


Yeah, I'd go pick it up. It seems like an interesting ...

The "grace period" that police were giving drivers for talking and/or texting with their cellphones, Blackberries and other devices has ended. Beginning on Feb 1, police will now issue tickets instead of warning drivers. A blitz involving many police services across Ontario will be run from February 1 to 7.

http://www.torontopolice.on.ca ...

OPS Copper wrote:I was in my own vehicle on Carleton Campus and guy runs a stop sign.

Ah yes, driving around my alma mater... doesn't surprise me that happened. When I was at Carleton (graduated in 2003) people blew stop signs, charged at pedestrians in crosswalks, cut each other off and ripped around campus like demented kamikazes.