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Am I running the risk of these cases being no longer valid by the time I get to the actual appeal date?

There's a remote possibility of that, but London v. Young was a ruling by the Ontario Court of Appeal. The only court that could reverse it would be the same, or the Supreme Court of Canada.

Also, what would I say in court when asked why I ...

OPS Copper wrote:Perhaps but Seems that prosecutors are all doing different things when it comes to this....

No kidding.

If you proceed to trial, it is likely that you will be convicted of the higher fine amount - if you lose. However, as Traffic Law was pointing out, the set fine and/or total payable being incorrect makes the ticket null IF you follow a specific procedure. It's just a matter of whether you want to do it or not.

If you do not appear for trial, the ...

There are only two offences that will result in 7 demerit points in Ontario, and those are failing to stop for police, and failure to remain at the scene of a collision, unless he got multiple tickets.

Just as a side note... if an officer issued more than one ticket for the same incident, they do not pile on the demerit points, they just take the ...

You should have a factum. A factum is where you explain how the Crown handled the case and how they infringed your friend's Charter rights, with references to case law, etc. Here's a general overview of the 4F, Factum and Affadavit:

http://www.ticketcombat.com/step4/paperwork.php

And a link to some suggestions for writing a factum:

http://www ...

If it was as you described (dark, officer on other side of intersection, two cars in front of you) then it would be difficult for her to clearly view your exact position with respect to the lines. Do you have a video camera by any chance? If so, you could go back to the intersection, set a time-date stamp and show how difficult it may have been for ...

Is it too late to ask for a disclosure?

It isn't too late, but you'll probably have to ask for an adjournment on the day of (or prior to) your trial date if it does not arrive in time. Unfortunately, that would be your fault - which means that if anyone mentions at a later date to "file an 11B motion" (stop the trial because it took too long for ...

Failure to appear for a court date results in an additional $10 court fee, if a conviction is entered. (Which it will be if the tickets are "complete and regular" on their face.)

You can certainly try appearing before a JP to get the case re-opened. Will it work? Don't know.

hwybear wrote:Lidar does have the external test.

Yeah but hand-held radar doesn't.

Would PbFoot qualify as an expert to testify in court as he is qualified by NIST as an instrumentation calibrator?

I'd say yes... but you might want to double-check that one. Anyone who knows "more than a trier of fact" is considered to be an "expert"... whatever that means.

A good example of a reliable external test is where the police drive ...

In these cases, you can represent anyone as long as you are not charging a fee.

Reflections wrote:From what you are describing, unless there were 3 or 4 cars all the same make and model and colour, driving in a intricate pattern designed to confuse an officer trying to track one of them and then that would considered interfering with police.....

Kinda like a "highway shell game"??

if they are dashed then feel free to move about the roadway.

:lol: :lol: :lol:

does anyone know if there is a law about how soon after turning right at an intersection one is allowed to change lanes ???


As long as you've turned into the corresponding lane (e.g. turned from right-most lane into right-most lane), you can change lanes ...

Perspectives are just opinion... a lot of this board involves exchanges of opinion.

and thats why we are all here right? to educate ourselves and share information so that we are well informed!

Yep.

and to be honest i dont think the officer should reduce tickets at the roadside!


The only thing I'll say about that is: Be careful what you ...

it just seems that the prosecutor puts off anyone who is pleaing not guilty. we are always put at the end and ive had to wait for hours while they deal with everyone else.


It may seem unfair, but this is standard procedure, as hwybear says.

Guilty pleas are handled expeditiously because the matter is essentially "closed" and it is a formality ...

There's a lot of case law that supports that disclosure of the manual is required. Failure to disclose relevant parts = STAY. You can (and probably should) do your own research, but do not proceed to trial unless they've given you the relevant parts (testing, operation, things like that). Providing you with the evidence is the duty of the Crown ...

Do I need to pick up/drop off the paperwork from the court where the trial will be held, or any Provincial courthouse?

The 4F (Notice of Constitutional Question) form can be picked up at any courthouse... or you can download an editable form here:

http://www.ontariocourtforms.on.ca/forms/civil/04f/RCP_E_04F_0707.doc

I would suggest that you ...

Discriminatory? How so? Of all the trials I've observed, I can't really say I've seen what I call any sort of "unfair" practices except in 2 or 3 isolated cases, even then it was nothing outrageous... but that's just my experience.

Can you please let me know the steps I need to take and the forms that I need to get in order to have the charges stayed/dropped successfully.


Visit the courthouse and pick up a "4F, Notice of Constitutional Question" form. This website has a good primer on how to file the paperwork:

http://www.ticketcombat.com/step4/works.php

It also ...

If you've sent four faxes and still have not received disclosure, and you kept records of those faxes, you should be able to get a stay. I'd go for it. Beware the pre-trial trap; the Crown may attempt to hand you the disclosure package on the day of the trial. Do not accept it and complain to the JP if that happens. You should then be able to force ...

People understand what "STOP" means. If they do not comply, some angry anonymous post on an internet site is not going to change that, nor will it make our roads any safer. Equating a rolling stop to drunk driving is patently absurd.

Now, did you personally observe the alleged offence that the OP committed? I'm going to take a wild guess that you ...

Personal attacks are not allowed on this forum board.

Some places offer "First Attendance," some don't. When you file the paperwork, they'll sometimes send you a notice of First Attendance. This would usually be a month or more in advance of an actual trial, if one is going to occur.

First Attendance is just a meeting between you and the Prosecutor to reach a resolution and not go to trial. The ...

I'm thinking the plea-bargaining to a municipal by-law infraction is a good next step at this time. Just not even sure how to do that! I'll do some more research on it.


Probably a good idea - check your PMs.

On a side note - are you involved in aviation in any way (ACC / Pilot)? Your name makes me wonder.

Nice catch - yes, I'm an airline ...

This one had me staring at the computer screen like this: :shock:

This morning, just after midnight, Odot spotted a car blasting down the 401 at high speed near Chatham. The officer stopped the 25-year-old driver in a 1992 Honda Accord who was going 167 km/h.

The driver was charged with:
- Stunt driving, marked departure from the lawful rate of ...

I don't see why you couldn't just settle with them, if it's a minor incident.

If you're worried about additional action, you could just ask them to send you an agreement that you'll pay the requested amount in exchange for that being the final action taken by them... although that's really something that I'd rely on my insurance company for, if ...

In addition, my friend told me that on my trial day specially in my case (speeding 16 above) the prostecutor will offer me an default option of reduced fine and no demerit points, is it true?


Yes it is. I don't see why the Prosecutor wouldn't reduce the charge to 15 over, which would be $52.50 and 0 demerit points. It may also not affect your ...

was there anything or is there anything i can do to debate the fairness of this decision?


Since it was the first trial, it's the discretion of the JP, although you did make a reasonable attempt to stay the charge. By the way, how long has it been since you were first charged? If the officer doesn't show up for the second trial attempt, now you ...

With that info, you should be able to win. A quick change from green to red basically leaves a driver with no ability to prepare for it or stop, so the only logical thing was making the turn. (Keep in mind, should you decide to testify, you need to make a point of the fact that you were driving in a reasonable and prudent manner and, at the time ...

hwybear wrote:The give away was the $287 fine

Yeah that probably should've clued me in...