Ontario Highway Traffic Act

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 ...