Ontario Highway Traffic Act

I think the JP probably thought "oh well he's not disputing it, so I will convict" and didn't bother to examine the ticket to see if it was "correct and regular on its face." JPs are political appointees and they've never been to law school. Some are knowledgeable and do a good job, others seem like they just want to rubber-stamp every charge that ...

So, when is it going to be about "racing" and not about speeding?


Never.

And this just in.............


I'd imagine that Fantino is piping mad right about now. He makes a big fuss about speeding, blah blah this, blah blah that, and then a half-dozen of his own officers get charged with stunt driving. On top of that, there have been several ...

Maybe try: City of Toronto by-law 32-92 section 39 (1): "Disobey official sign." (I think that's the section.) Anyone else know for sure?

I think the Prosecutor is playing games, or is just not understanding. Instead of filing an 11B application (unreasonable delay) file a motion for a stay based on improper disclosure. The by-law does not need to ...

Couple of points. R. v. Myers backs up the bilingual defence. Bilingual defence is not solely based on the R. v. Myers case. The issue is that, as ticketcombat explains, section 195 (1) of the Highway Traffic Act says that any municipal by-law that contradicts the HTA is deemed repealed. Then, the FLSA says Toronto is a designated bilingual area ...

The R. v. Myers case was appealed by the City of Toronto. During the appeal, the defendant pled guilty! (HUH?) So the actual ruling was not overturned; the defendant, Jennifer Myers, just threw in the towel on the day of trial. Go figure. So no, it was not overturned, she just caved in before the trial. The initial ruling is still available ...

Last night i had a trip to toronto. I said earlier i usualy go with the flow and was suggested here that that is not even a good idea. I stuck to the 2 right lanes, adjusting my cruise on the 401 to between 120 and 125. EVERYONE was passing me. I sped up a couple times to see how fast everyone was going, the majority was doing 150. I kept ...

Unnecessary noise, maybe, but careless driving?! Well... you should be able to beat this one. Revving the engine at a standstill (or at a snail's pace) might be considered obnoxious but it's not careless driving. I guess the best way to start off is to make a disclosure request and get the officer's notes on the incident. From there, you can start ...

We're lucky no changes were made to the Criminal Code.

Actually, there were changes made to the Criminal Code by the Conservative gov't in 2006. They specifically created:
- Dangerous Driving (Street Racing), section 249.4
- Causing bodily harm by criminal negligence (Street Racing), section 249.3
- Causing death by criminal negligence (Street ...

Nice work!

And as TC says, please keep us posted on the outcome!

Sigh... not again!

To plead to a by-law infraction, show up early on Friday and seek out the Prosecutor. Tell them that you want to avoid a lengthy, unnecessary trial, because you want to save the court and the Prosecutor a lot of time, and you'd like to discuss what options are available. (Bring a big stack of paperwork with you just for show.) Tell them that you ...

To get disclosure, you have to fax, mail (use registered mail or a courier!) or drop off your request to the courthouse. The address is on the ticket that you were given. A clerk will take the information and it will take about 6 weeks (or so) for it to come back to you. More information can be found here:

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

The weather conditions, if they obscured the sign itself, can save you. Did the officer actually note the condition of the sign at the time? If there were a few little snowflakes on it, that's not enough. If it was completely covered in snow and unreadable, that's a valid defence. Keep the condition of your windshield out of your defence, because ...

That makes it a bit difficult. Maybe show up early and see if the Crown is willing to offer you a plea-bargain to a municipal by-law infraction. I think that's your best option at this point. You could try to argue that you made two separate and distinct movements - first the lane change, then the turn. That's the only defence I can see if it goes ...