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For a charge of careless driving, I always recommend some sort of professional legal representation, either from a paralegal or a lawyer who deals with traffic.

To support the charge of careless driving, they will need the witnesses to attend court. As for speeding, that's a bit of a different ballgame - they'll need the officer to attend court ...

Good to hear.

That should hopefully have cleared everything up and you are good to go.

I would suggest faxes for the Attorneys-General but not for the Prosecutor's office nor the court. (In fact, the court cannot be served by fax.)

First two posts on this thread include links where you can get forms that you need, making the necessary editing changes to fit your case:

http://www.ontariohighwaytrafficact.com/topic2952.html

You can mail/fax/courier it to a court office, but usually the best method is to simply go there yourself and get your disclosure request stamped as proof that you did submit it. Bring one copy for them and one copy for yourself.

If you miss the court date, you will be deemed not to dispute the charge and a conviction will be entered in your ...

Now, the Decateur units, moving radar, the officer does have a reletively decent reference point, the cal'd speedo. If the 2 match, I'd say that the radar is functioning properly. If the 2 don't match.... you have to toss ANY ticket given with those unit's being referenced at the time. That covers the moving units.

Agreed. As for "hand-held ...

Next round:

I agree with your arguement, but the question remains: Why not provide the proof? If all the documentation is available, why not produce it?

I think we both agree that there's a "this is sufficient proof" line to be drawn somewhere. The question is, where to set it? I wouldn't be opposed to the courts asking for the documentation ...

Yes you can. File an 11B. Go take a look in the "Courts and Procedures" section of this website for some more information.

If you've had a suspension, the conditions for lifting the suspension include the reinstatement fee. Yeah, I know, it's stupid, but it is what it is. Even if SAAQ accepts your "non-reinstated" licence, if you get pulled over in Ontario, your licence will show that it has not been reinstated and you'll be in some hot water then. My advice is to ...

1. Yes you will need to attend trial. Yes, file the 11B. Please follow the steps that diehard and I created and it should help you out. Alternatively, you could seek a paralegal to do this for you.
2. Yes, request disclosure.

Generally, Prosecutors will seek to amend all reduced speeding tickets back up to their original speed. You could meet with the Prosecutor in advance of the trial and try to plead for some sort of deal, but I'm not too sure it will work.

Unfortunately for Radar Identified, in the real world of Metrology, independent certified calibrations trump operator test and internal self-checks, always, every time. Seriously, get this straight

I don't know about you, but I've never found insulting someone to be a particularly effective tactic in terms of winning an argument. It is ...

Ticket should be quashed if you follow the "default and appeal" procedure as outlined in London v. Young... it has worked for a number of our members here who have had improper fine amounts.

Well the next "drive without insurance," which hopefully won't happen, will probably go into the $10 000+ category.

Is his car still impounded?

If the other driver failed to stop for the amber, and was arguably safely able to, this changes some of the implications with respect to the Fault Determination. However, Fault Determination for insurance purposes and the Highway Traffic Act offences are actually separate...

If you stopped AT the line, why did you say you were stopping "early"?

Depends on the Prosecutor... it could work...

can I swear at South Toronto Court

You can certainly swear and curse all you want at... oh you're asking about swearing an oath... oops.

Okay, joking aside, you can get a document sworn by a Commissioner of Oaths at that courthouse, but you cannot submit the 11B to that courthouse; you have to submit it where the trial occurs... both the ...

Put together the request for the manual and follow up with an 11B.

Pretty sure Squishy is right, it is a by-law thing. Or if the car cut off the cyclist, could be Careless Driving or Failure to Drive in a Marked Lane.

K Reflections, here's the rebuttal...

Well, Bear said it over there in another thread, the FCC/IC is in the manual

If the courts find it fit to require disclosure of the entire manual, so be it. However, posturing and courtroom BS is entirely what the courtroom consists of. We have an adversarial-style justice system rather than an ...

That's grasping at straws IMO. York may very well have asked the city of Toronto "can you change the timing to get rid of the congestion on Bayview" and Toronto agreed, but that is not proof of "tampering." If the sign was clearly posted and it met the standards, arguing that you disobeyed it to escape traffic congestion because of a poorly-timed ...

I'm sure he is.

This thread could have legs... any bets on whether it will go over 10 pages? :shock:

Okay back on topic...

1. Any measuring device for trade is calibrated regularly by an external reference be it scales or pumps etc.
2. Machines used to assemble certain products, i.e. automobiles, also get regular calibrations.
3. These items may or may not ...

What were you actually doing?

Be forewarned, if you do go to trial, they can increase the speed to the original speed you were stopped for.

After having watched this thread unfold, I feel I should put my two cents in.

The central issue of a speed measuring device is not about calibration, certificates, laboratories, or anything like that. The central issue is: When the device was used, was it working properly? That is what the courts have tried to decide, and actually, have decided ...

Agree with Stanton. Wrong make of the vehicle is not a fatal error and it will not help you in this case.

I also agree that 18 months is ideal for an 11B. You should pursue that angle.

Some Prosecutors will still offer the by-law infraction, depending on the circumstances and your driving record. Otherwise, they'll like at something like "disobey lane light" (even if there was no traffic light at the intersection) for a plea bargain.

It really would depend on how close you are to the intersection. If you still had a reasonable amount of time to change out of that lane, didn't really hold up traffic that much in doing so, and you made a reasonable effort to comply after you saw the sign, I don't see an issue. Where "disobey sign" would really be provable in your case is if you ...

Did they have any witnesses (other than yourself and passengers)?

WOW he got lucky.