Ontario Highway Traffic Act

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 ...