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Bit of a late reply... been house-hunting so a bit tied up.

Anyway, you could try plea-bargaining to a lesser offence. For a U-turn, if there was no conflict with other cars, you'd probably be okay in doing that. The Prosecutor might offer a simple by-law infraction or something with no demerit points.

As far as an 11B goes, I think you're ...

1. Was the officer correct in assessing the collision? I find this absurd: if bikes are allowed to share a lane with other cars, then a biker should also be allowed to pass a car on the right, provided this can be done safely.

In my opinion, yes he was. Lane-splitting or lane-filtering (driving/cycling between stopped vehicles, or stopped ...

11B is a section of the Canadian Charter of Rights and Freedoms. It's valid in every province and territory

* BUT *

the procedures written in this thread work for courts in Ontario, and probably aren't the same ones that would be used in other provinces.

You would just show up on the day of trial and plead guilty to the offence.

Agree with Stanton. The Fault Determination Rules don't look at whether or not the charge was withdrawn in court. The only look at the circumstances of the collision itself. If the "circumstances" proven in court are different, then you could go to your insurance company and try to get the situation re-assessed. The conviction would only further ...

They'll need at least one of the cyclists to show up to testify in order to secure a conviction. Did you take any photographs of your vehicle? I hope so!

Just put together a bunch of photographs, including the damage to your vehicle, the size of the bike lane, how your vehicle would be, etc. Then what you can do is, when you get your trial date ...

Thread merged. Please keep all posts related to the same ticket (or set of tickets) on one thread. Makes it easier to provide advice.

I'm not really sure disclosure will help you in this case. It's one of those "paperwork" charges where the burden of proof is that your ownership wasn't correct at the time of the offence. If you update it and take it to the Prosecutor, they might be willing to give you a reduced fine or drop the charge, depending on the kind of mood they're in...

Agreed. The other motorist was 100% at fault according to the Fault Determination Rules and, if police had investigated, likely would have been charged with Lane Change - Not In Safety, or if the officer really wanted to ramp it up, Careless Driving.

If you've provided all of the information to your paralegal, they should be able to fix it for you. Then again, they might see something that I don't, so I might be wrong... anyway I think you've chosen a good option and they should be able to at least get a lesser offence for you, if anything.

I'm still not clear on what happened. Did you rear-end him? Or was he coming at you head-on and turned into (ie across) your lane?

When you get disclosure, post the results here (editing out personal information) and we'll see what we can do to help you put your case together.

Since you have no prior convictions, the Prosecutor might be willing to offer you a plea-bargain to a lesser offence if you decide to fight it (option 3). Your insurance company may forgive one ticket, but I can't say for sure. Some do, some don't.

What sign did you disobey? Was it a "right lane exits" sign or was there some other sign?

As Stanton indicated, this forum does not deal with criminal matters.

Thread locked.

Strategy 1: Both officers will be required to attend court if one was operating the device and the other stopped you/issued the ticket. If one is not there, then you should move to have the case dismissed. They need testimony from both officers in that case. However, if they were "taking turns," ie. one guy runs the laser and then pulls a vehicle ...

BAHAHAHAHA!

Watch what happens when this guy steals her parking spot

[youtube]http://www.youtube.com/watch?v=6jhZZzpeQo4[/youtube]

Probably staged but whatever...

12 months + 3 days, if the delay was charged to the Crown, is enough for an 11B. Go for it.

Could also plead guilty to Fail to Turn Left to Avoid Collision, which, I think, is 2 demerit points and $110. (Could be wrong.) Hopefully the Prosecutor is willing to agree. See how it goes. If you hired a paralegal or lawyer, they'd either be able to make the plea bargain for you, or see if there are any holes in the Prosecutor's case and blow it ...

Just to clarify... I think the actual offence you committed was an improper turn and not disobey sign. The "directional" (overhead) signs that are in the picture are for information only... unless there are actually other signs at Harbour and Yonge. (Don't think there are.) Were you charged with "disobey sign", contrary to section 182 (2) of the ...

Take a look on CanLII. There are several cases which are pretty clear that the testing times must be noted. Can't recall them right now but that should help your case...

I would suggest that you go to the Prosecutor's office at the court house (fourth floor) and deliver the disclosure form to them yourself. Bring two copies - one for them, one for you. They will stamp both copies. You do not address it to the Prosecutor specifically. Do this as soon as possible.

If you were across the stop line and well into the intersection when the light was green, then you did not commit an offence. You'd have to testify to that fact, and be credible in your testimony. I can't say if it would work, but if you really didn't enter the intersection on red, you didn't break the law.

If the officer has it on video, then it ...

That's highly unusual. I'd consult with a paralegal or traffic lawyer on this. What exactly did the paperwork you received say?

They called it the "iBenz."

It's either a valid defence, or it's not. "Classy" has nothing to do with it, especially since this is an absolute liability offence.

Well this is a bit late to start asking for help... did you get disclosure of any of the evidence against you?

If you didn't, you could try plea-bargaining to a lesser offence.

You could try to plea-bargain to a municipal by-law infraction, which shouldn't affect your driver record.

"Enhancing" the Crown's case by "tampering" with the evidence.

Yes

Couple of things:

He was going back to his car and he heard me mutter to myself "ill see you in court" because I didnt do anything wrong.

Looking back, do you think keeping quiet at the time would've been a better course of action?

What do you mean by that?

The officer had a number of things he could've charged you with.

1. Disobey Stop ...