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Studies showed red & blue lights were more visible to drivers, and created a more noticeable reaction (ie slowing down) than red lights alone. It was introduced at the same time they put the stunt driving law through.

Many people who speak English reasonably well still request an interpreter for a trial. There is nothing wrong with this. It is one thing to be conversational in a language - being fluent is something else. Particularly where there are serious consequences like a trial, it is your right to have an interpreter.

Your request for an interpreter is ...

Congratulations on a job well done, Off Camber! You worked hard for that one and deserved the win. NICE!

So do I just send a registered letter to the prosecutor then or is there court forms.

I'd send the registered mail. If the Prosecutor still doesn't budge, then there's the court forms (violating your rights under the Charter)...

Also as you know the testing is required in order for the laser to standup in court as accurate.


Yep. I don't ...

Crown Prosecutors often say "we don't have to provide the manual." Nothing could be further from the truth. They DO need to provide it, if not, it's improper disclosure. Here's some case law.

Thunder Bay v. Millar et al

That particular case also quashed the oft-cited "it's copyright material" excuse that's used.

R. v. Vanier
R. v. Bourget ...

Whereas in this case the prosecutor would have to lay a different charge at court. In my opinion they should not be allowed to do this but I do not know for sure.


They have up to 6 months after the date of the offence to withdraw the charge and issue a new one in its place. If they do that, though, they have to give you notice of a motion to ...

amcamx wrote:I too just had my proceedings stayed against this charge. Justice ruled that the court did not have jurisdiction in either validating the proceeding initiated through the revoked offence notice form or invalidating it.

NICE!

amcamx wrote:I thought you couldn't delete a post after a certain amount of time.

You can delete your posts at any time.

1. Would the insurance company see a by-law ticket as a moving violation and would it count as a conviction?


In this case, no. This is why the officer gave you a by-law ticket. It's a one-time slap on the wrist.

2. Can the officer change the actual offence? I understand for the speeding that the speed can be changed but the charge remains ...

A First Attendance date will be sent to you if the area you're in offers it (most do). Provincial Offences Notices (tickets) won't indicate if there is a First Attendance or not because some areas do not offer it. The First Attendance, by definition, will be in advance of the trial date.

To find out if the area offers First Attendance, you can ...

This is a follow-up to a post on a locked thread... it's easier for us to offer advice if we can find all of your story and the developments in a single thread (which is why the others were locked by hwybear)...

i have requested disclosure back on Nov 26 for a 1st attendance meeting on Jan 22 2010 but i haven't received anything yet. i faxed my ...

Get your trial date, and then request disclosure. Use registered mail, fax, or drop it off at the courthouse. The main thing you want here is the officer's notes. When you get the disclosure package, review it and see what the evidence is against you. Hopefully, the officer indicated in his notes that you were, as you said, already in the ...

Around 3:15 p.m today I was getting onto the 404 southbound from westbound Sheppard. As I was slowing down to merge onto the packed and basically stopped 404 a car, possibly an Infinity G35 comes crashing through the snowbank seperating the onramp and the highway at a crazy high speed and almost centre punching me.

Toronto drivers... sigh ...

If a fritter would give a false positive then we would have heard of this Tim Horton's Defense before....Oh and the Breathalyzer, one of the most heavily contested instruments in the history of Impaired driving would have been ruled unreliable years and years ago,...

That says it all.

I truly believe that that apple fritter at tim hortons ...

diehard wrote:In fact, could prosecutor increase charge and fine because of such notes?

As Reflections indicated, the officer could sway the Prosecutor to not accept a plea bargain. If you plea-bargain in this case, and it is accepted, the only thing the Justice can do is impose the set fine for the offence.

Sorry to disappoint, but...

They never provided me with the text of the law that they allege he broke. I asked for type written notes and was refused because they said the notes were legible. They neither provided me with the back of the officer's copy of the ticket nor did they offer any explanation of why not.


Text of the law is not ...

Speeding is an absolute liability offence. They only have to prove that you were the driver, and as the driver did commit the alleged offence on the highway. Once they've proven that (not terribly difficult), the only defences you have are necessity and duress.

You'd have to get disclosure (officer's notes, lidar manual). The officer needed to ...

Think of this: How/where did the officer(s) observe your actual distance from another vehicle (behind you, beside you)? How did they measure it? What is the requirement for following distance between two vehicles travelling a highway? (As a driving technique there is the "2 second rule," but this is not in the HTA.)

The argument is that the HTA ...

PbFoot wrote:Oh wow! The guy did this at the roadside? Dumber than I though!

He sure did. And it's not the first time I've heard of things like that happening, either.

If the make and model is identified for the car that was ahead of me, but only my vehicle make was written in the notes, with no model/information about my vehicle on the ticket, would that be found as significant if mentioned during trial as an attest to inattention?

Nope.

Also, neither officer mentioned the model of my vehicle, except for ...

jtiburon wrote:I am worried about insurance rates but prior to this I had a 15 km over 1.5 years ago, 10km over 3 years ago and 10km over 5 years ago.

The last two tickets are not on your insurance record. The first one you mentioned (15 km over 1 1/2 yrs ago) will be. I'd follow racer's advice. If nothing else, you can plead it down to a lesser speed.

"highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof;

That's it exactly. Any public road in Ontario is a highway.

You did specifically tell them to fight it all the way and not take/offer a reduced plea bargain, right?

Even so, your attorney may have got all of the disclosure evidence against you and realized that there was no way they would win in court. Speeding is not that hard for the Crown to obtain a conviction on. The other risk is that if you proceed ...

The items you are entitled to get include the officer's notes and a copy of the relevant parts of the radar manual. Basically, it's the stuff that would allow you to make a "full answer and defence" to the Crown's case. In cases like this, you can ask for a "will say" statement but the odds of actually getting one are low. Definitely mention that ...

Or those idiots who, seeing your signal to enter their lane, speed UP in order to prevent you from executing a safe lane change for no other reason than just because they are feeling territorial on a public highway?


This might be part of the reason why Toronto drivers do not use their signals when changing lanes. Not a justification, but an ...

I'm just completing a FSCO course right now, and some of the fault rules are infuriating, including this one, because even if idiot driver #1 pulls in front of you in some road rage battle and slams on his breaks and you hit him, he was the one who drove carelessly (dangerously, even) but YOU according to insurance rules as they stand are 100% at ...

hwybear wrote:just blame RI for that

Imagining trying to explain myself to Transport Canada...

If I'm understanding what happened correctly, you had a green arrow, and struck a pedestrian who was crossing the street. I'm going to guess that the pedestrian had a "DO NOT WALK" signal... would that be correct? If so, any half-competent paralegal or traffic lawyer should be able to beat the charge, particularly where you had bright sunlight. If ...

The only time that there is no effect on your insurance (rates) is when you are out of the car or when something hits you from the air.


Interesting... they told me "it's a claim so it will affect your rates." :shock: Wonder if I got the right info from them. :?

EDIT: Should clarify - I mentioned the damage to them, so I guess that could count ...

hwybear wrote:If there is a collision report completed, it will eventually get to the MTO and added onto the drivers licence.

When insurance checks the licence, they will see the collision.

Good point. Forgot about that.

hwybear wrote:Wondering if you are that close.... is it too late

We'll find out on Friday.