Ontario Highway Traffic Act

Yep.

Some of the OPP veterans used to not give you a ticket if you would drive over the detector, but I'm not sure how much that's done today.

They can amend up until the trial starts.

- then during cross-examination you might ask "You stated that it was a divided highway, correct? Where is the divider on this road? How is it divided from another section of road?"

At the point where the officer testifies that is just a one-way street and not a divided highway, at that point ...

That's quite the charge/allegation - what do you base that on?


+1

While I think we all agree there are good lawyers/paralegals and bad ones... just to back up what you're saying... the reality is that many times the lawyer/paralegal is simply looking at the evidence, the odds, and based on his/her experience decides a plea bargain is better ...

I was not arguing that the bus blocked my entire view of the intersection. I was saying the sign is not visible at all times because a bus would have been blocking the sign in question.

That, unfortunately, is not a defence that the JP will accept.

You might be able to get something like "fail to proceed as directed" or something of the sort ...

I think I got caught in the moment between where the left arrow disappeared and the light turned grey. I don't know - it was my sister who told me "you just ran a red light" and I've been panicky every since as $325 is a lot of money.

You mean, it turned green? If the light above the arrow turned green, you did not run a red light, you simply ...

Worst-case scenario you could try plea-bargaining to a lesser offence with a lower fine... that should be available to you since you had a clean record...

Thick yellow lines by the shoulder spaced 500 metres apart.

Was this daytime or night? I'm going to assume daytime.

Can I request the disclosure prior to the summons, if so how do I do this? I was told that it would be the attorney general instead of the prosecutor due to the level of the offence(not sure if this effects who I send the disclosure request to). To my understanding I need to be very ...

I smell the Prosecutor engaging in pre-trial BS tactics. One says "only needs to be tested before," the other says "before or after." Riiiiiight.

Go to trial. If that doesn't work, appeal it. The Ontario Court of Appeal spelled it out pretty clearly.

jsherk, I don't doubt the sincerity of your beliefs. The fact that you are concerned about your rights is great. HOWEVER... from my side of things... I'm not even that old (36), but I've got a lot of life experience under my belt and work in an industry where if I screw up, many people could end up injured or dead. This tends to make you take the ...

The fact that the device wasn't tested at some point after the stop introduces reasonable doubt as to whether it continued to function correctly.

In the R. v. Vancrey decision the Justices of the Ontario Court of Appeal referenced the D'Astous v. Baie Comeau case in Quebec. (The Quebec case I cited is in French.) They held that in order for the ...

Is it an unreasonable request to ask an officer for their name and badge number IF neither were easily visible? I would suggest that this is completely reasonable request.

That is a reasonable request. I don't see anything wrong with it.

Thankfully, the Sovereign Citizen (aka. Freeman) arguments are being readily dismissed by the courts now ...

Practically speaking though, they WILL provide their name and badge number so that their testimony/evidence is better accepted in court and survive defense lawyer attacks.

This, above, is the key piece.

For jsherk, the question (that highwaystar mentions) is, would a reasonable person know that this is a police officer? Clearly, not everyone ...

Thanks CumminsDiesel... I try to help. But I also learn a lot from many other knowledgeable people here... especially since courts/traffic laws/etc. has nothing to do with my day job, just an interest I have.

Again these are only my opinions and from my observations everybody I have seen in court representing themselves did not know the rules and incriminated themselves.

This is also true, and it does happen because people do not understand how courts work. Example: I was in court and watched two separate people drive the nail into their own coffins ...