Ontario Highway Traffic Act

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...