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Also considering the fact that he wrote an R on my 49 over ticket, do you think they'd reduce it to at least 2 points?

Whether he wrote "R" or not, the Prosecutor will be aware of your original speed. They receive a briefing and evidence from the officers regarding traffic stops, so they know if your ticket was reduced. They actually don't ...

You could file another request asking for an explanation and clarification of the notes, because you cannot read them. That's what I would do, anyway...

You can try to get the case re-opened or appeal, but I don't really think it will be successful.

As for your speeding case, I agree with Reflections. Take a look through this forum, and search for examples where people followed guidance from the London v. Young case. So far, the results have been pretty good!

Squishy wrote:I think Toronto's Diamond Lanes were around before HOV lanes existed in Ontario.

Yes they were.

There is no way they can convict for you just going home.

That's right - in and of itself only. They can, however, convict for disobeying the sign. If the sign was obscured, or there was a life-threatening emergency, or something happened like a brake failure, THAT would be a valid defence for disobeying the sign, from a legal standpoint.

You ...

tristangemus wrote:I do not see how a not-at-fault hit and run can go against my record.

Your insurance "record" (actually your rates, to be accurate) normally does not get affected by a not-at-fault collision.

Your driver record for the police, on the other hand, does record a collision - at fault or not.

Stanton wrote:Losing your licence automatically for 16 over is just plain nuts!

I'll say...

Then again, Nova Scotia isn't exactly known for people hammering the gas pedal... and their highway speed limits are 110 km/h.

The camera was mounted in the cop car... can't say for sure how good of a view it had. You should request the video of the alleged offence as part of the disclosure package.

If it goes longer than a year, "waiving" the ticket is not automatic. You have to file the proper paperwork to get the charge tossed.

You might be able to plea-bargain to a lesser charge, depending on your driving record, though.

I wonder if they could have declared you at fault, even with no conviction.

Happens all the time. There are situations where the other party could be charged and 100% "at fault" according to the Highway Traffic Act, but you could be 100% at fault according to the Fault Determination Rules. In any case, not having Careless Driving on the record ...

If you fight these charges, as Stanton said, the Prosecutor will almost certainly withdraw the Speeding 114 in an 80, and replace it with Stunt Driving. They have up to 6 months to do that. Or, they could just amend it to Speeding 154 in an 80 at trial, no matter how long it takes to come forward.

I do not agree that you have a "good chance" of ...

Respectfully... I probably would've done what Omega Gin did in that situation. I would've taken my foot off the accelerator to "proceed in safety," but in some cases driving through the amber is literally a collision-avoidance manoeuvre (especially here).

You won't get a suspension in this case. It was a by-law infraction, similar to a parking ticket. The only issue would be renewing your plates, but if you've kept proof of payment, you should be able to dispute it easily.

By the letter of the law... no, you did not fail to stop for an amber.

Section 144 (15) of the Highway Traffic Act:

(15) Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely , otherwise he or she may proceed with caution.

It ...

Does that entitle me to request another disclosure? 4 weeks before the court date? 2 weeks? 2 weeks because this is the amount of time i need to prepare for the disclosure right? or can i bring this up with a judge? if that is the delay is it a fault of the prosecution?

You can ask for an explanation and clarification of the illegible sections ...

Take a look at the "Courts and Procedures" section of this website, and look up the thread "How to file an 11B" for free step-by-step instructions...

Well most JPs are political appointees. They have varying levels of training and understanding of the law. Some of them have been to law school, some have not. All of them have been to "JP school." Others, even with this minimal training, do their homework and make a sincere effort to be the best they can be. (JPs Cuthbertson and Dechert come to ...

you can always tell them you fought the ticket and you won the case and you don't know why it is still on the record.

No, you can't. They will investigate if they have any suspicions (which usually happens the second you have to file a claim). They do have access to these records. They will go so far as to order court transcripts and find out if ...

Is driving 1 minute/800m away fleeing in your opinions?

By the letter of the law it is. You have to remain at the scene of the collision. 800 metres away is, by definition, leaving the scene... depending on the circumstances. You can move the vehicle out of the way (shoulder, whatever), but 800 metres is a lot. The only time you can leave is to ...

Was this ticket received in Nova Scotia or in Ontario?

I do not think your 11B will be successful in October. The reason being, the delay of 12 months has to be entirely the fault of the courts and the Crown, in that they were either not ready on the day of trial, or they failed to disclose evidence, or whatever. When you filed a motion to re-schedule, it stopped the 11B clock during that time. If I ...

Why not more for one with an "intersection" view?

I have an intersection view. Lots of free entertainment during peak traffic periods.

4-series highways you always seem to lose a lane, here they added one!

This is so true... people space themselves out more... except here, they seem to be going anywhere there is open road (or not ...

Didn't seem like they had any witnesses pull over to speak to the officer in this case, at least from what I gathered from the original post.

When you show up in court, you will have to check in with the Prosecutor before the trial starts. When you do, the Prosecutor will probably offer you a reduced fine, or offer to drop one of the charges if you plead guilty to the other two, etc... something like that. Some courts (not sure if Brampton does) has "walk-in first attendance" where you ...

They'll need a witness for that. The witness will also have to identify you as the driver, either that or the witness will have to have followed you until the OPP stopped your vehicle without losing sight of you. A licence plate is not sufficient in this particular case. However, to make the argument in court, I would recommend getting some sort of ...

Ivan wrote:I resceduled a date once with motion, got another date.

Just so that I am understanding this correctly, did you ask for the re-schedule? Or was this re-schedule due to lack of disclosure?

do not request diclosure earlier than 4 weeks before trial, because you might actually get it. but 4 weeks is just enough for the prosecution to give you the disclosure.

Disagree.

Toronto requires 6-8 weeks minimum. If you do not request it before then, the JP will state that your disclosure request was not given to them with sufficient time ...

YouTube video:

[youtube]http://www.youtube.com/watch?v=7Pg3OSy_53M[/youtube]

Yes, dozens of those vehicles are on the wrong side of the road... in oncoming traffic that is going DOWN a hill in snow.

I don't see why not... although you'd still need them to collect the stamps/proof of service.

A by-law offence such as "prohibited turn" will carry 2 demerit points... but a by-law offence to "disobey sign" does not. Funny that...