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Last night, Toronto Police stopped two cars that were racing down Martin Grove Road in Etobicoke. The speed limit there is 50. They were going 200 km/h!

Toronto Star article here

:shock: :shock: :shock:

On a different, but also shocking note, Thursday night a York Regional Police officer was seriously injured after she was involved in a ...

he has to pass the ticket to you directly and you have to accept it for it to be valid.....


While it is true that the ticket must be "served personally" to the defendant (section 3(3) of the Provincial Offences Act), whether you accept it or not has no bearing on its validity. "I don't accept it" doesn't render it invalid. The officer only has ...

1. File the stay application 20 days in advance. See if it works.
2. Check out these cases on CanLII:

R. v. Erredia
R. v. Morgan
R. v. Woldenga

Take notes of those cases. Erredia basically said that a minor error is not careless driving, and just because the circumstances do not specifically "fit" into another HTA offence also does not mean ...

They've got up to 7 days to file the charges. You don't have to stay home waiting, just go about your business normally. If the police are going to charge you, they'll find a way to get the ticket to you. In the mean time, you might want to re-visit the scene of the incident and take some of your own notes. The officer might've forgotten or decided ...

Mmm.... donuts....

Still a major route, moving slow, with unstrapped cargo......

Toronto Police would've also slapped on an unnecessary slow driving ticket. In that case, could come up with a defence to one or the other, but not both at the same time, given the scenario. :shock:

Eddie57, did the officer inspect the load and check to see if ...

You guys are sure the bilingual defence is foolproof?

Foolproof, no. Usable defence, yes, although there is no 100% guarantee that it will work. One case allowed it (R. v. Myers), and it "opened the door," so to speak, but no higher courts have said either "yes" or "no" as to whether or not it can or cannot be used. I've seen it used ...

That being the case:

Welcome aboard, Marquisse!

You have a right to a speedy and fair trial, but disclosure is a bit of a different animal. In short, yes, if they don't give you proper disclosure, the proceedings can be stopped. The Crown must get the disclosure package ready for you in a reasonable amount of time before the trial, if you've requested one. If they don't, you can file a motion to ...

More or less, but saying you don't understand something isn't a loophole. The real issue here was lack of disclosure. Proper disclosure is needed so that a defendant can "make a full answer and defence," most of which comes from common-law history and the R. v. Stinchcombe case.

The most important statement in that case is:

What are the legal ...

As Reflections was saying, plea-bargaining can still result in an insurance increase, depending on your provider. Some of them will forgive a ticket for 15-over, others won't - it all depends. Plea-bargaining can save you the stress of a lot of time in court, plus it gets the fine down. 15-over also keeps you away from demerit points. You can call ...

The ticket information will be sent back to Manitoba, so they'll find out about it, and then when you apply for an Ontario license the infraction will be transferred to your record here. Whether or not your rates go up depends on your insurance provider. (Are you still using insurance from Manitoba?)

Basically any speeding ticket can be used to ...

Reflections wrote:Appeals are more indepth than the first trial. I would advise a paralegal....

Agreed.

This is what I'm thinking on this. I go to trial and as a defense tell the justice that I did not commit an offense because the subsection 154(1)(b) cited specifically allows what I did, which was to prepare for a left turn, abort it, and merge again with traffic. When the The officer/prosecutor alleges that I used the middle lane to overtake ...

Lawman wrote:Therefore, if you received an offence notice (not a summons) and you're not within prescribed part of Ontario COMPLETELY IGNORE THE TICKET.

Have you successfully used this defence in court (or any of your other theories for that matter)?

There's a lot more to this story than I had initially believed. I think that an impartial investigation by an oversight body is warranted, or at the very least, the London Police Professional Standards Bureau. Again, best of luck with everything.

Check out this page:

http://www.ticketcombat.com/offences/fines.php

As for the amount of the set fine being different than the amount prescribed in the Highway Traffic Act, that is not grounds to quash it. Set fine amounts are essentially written for out-of-court settlements.

Now if the set fine amount is wrong (set fine per the table on the ...

Wow.

CoolChick, the simplest way to go about it is to file a complaint directly with the police force (e.g. their Professional Standards Bureau), or, if you'd rather go to an oversight body, go to the Ontario Civilian Commission on Police Services.

http://www.occps.ca

If the officer's conduct was excessive or inappropriate, they can file charges ...

Nothing in it says "use of force" for failure to provide ID. Section 33 of the Highway Traffic Act talks about the requirement to provide the license when stopped:

33. As to carrying licences and surrender on demand

(1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is ...

Looks like you've done a good amount of research here. I don't see why you can't make the argument that disclosure is not complete. File the motion to stay the proceedings 20 days in advance of the trial. I don't know what your chances of success are (probably decent), but you've got a good reason and case law for requesting the material. As for ...

Welcome back, proper1! Been a while since we've heard from you.

Yes, please keep us posted. Good luck with it!

Just to clarify, was there a conviction against you?

Lawman, there's no risk for you or me in this whole equation, but keep in mind who your audience is and their circumstances. A novel defence, while interesting, is often not the best option and may have catastrophic consequences. It's one thing to suggest using untried ideas and taking it to the Supreme Court of Canada, but how realistic is that ...

Think the last I read was that the number of people stopped for driving more than 50 km/h over the speed limit was around 90% of the people getting charged under s. 172. Who knew that Ontario had 20 000+ "damn street racers"?

EDIT: Post I replied to was edited 23 times. :roll:

Lawman: If you're willing to break new ground, then by all means, like I was telling liveontheedge, go for it. I prefer to use tactics and strategies that I've seen work. I'm all about verifying things and being able to go into a situation with overwhelming odds in my favour - my occupation ...

liveontheedge: If you're willing to be the "guinea pig" and try to break new ground, go for it. However, be forewarned that the only case that allowed "bilingual defence" was R. v. Myers with the non-bilingual sign. I haven't seen anything where it has worked beyond that. It might be worthwhile calling the people who are actually responsible for ...

We've discussed section 172 of the Highway Traffic Act pretty extensively. It was designed to stop street racing. On Monday night, two people died on the Don Valley Parkway in Toronto in an apparent racing incident:

http://www.thestar.com/news/gta/article/662536

I passed through that exact stretch about five minutes prior to the crash.

S. 172 ...

I'd follow Bookm's advice. You're not looking at demerit points. The insurance hike for 15-over would likely not be catastrophic, but it's a good stalling tactic. Some insurers, mine included, won't raise your rates if you only have one ticket for 15-over.

The courts in Ottawa are in Ontario.

Thanks for the geography lesson. :roll:

No, I don't have case links, it is not on CanLII. In fact, R. v Myers isn't even on CanLII. However, I've witnessed it as an observer, and I have a friend who is an Ottawa police officer and also had someone try the same defence. It did not work. FLSA does not even ...