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Also in this case, while it will be an expensive fine, it will not affect your driver record nor your insurance. The reason: The bus driver or a witness at the scene must have identified you as the driver in order for you to be charged as such. If they only have the vehicle licence plate number, they can only charge the owner... so your driver ...

Just one word of advice: Do not testify. (I would still do what Stanton suggested, which is get legal help for this charge) If you testify that you took your eyes off the road to change a radio station and in so doing banged a vehicle that was going 90 km/h, that would be enough for many JPs to convict you of careless driving. You must also be ...

If the officer observed your vehicle commit the offence, it does not matter how far away he stopped you - with one exception: If he LOST SIGHT of your vehicle for more than a brief moment, then you could reasonably argue that he stopped the wrong vehicle. This could possibly be a line of defence in your case.

Wouldn't logic dictate he would ...

You do not need a reason to bargain for a reduced charge. Do not get into justifications, reasons, etc. Some Prosecutors may listen, but the majority of them will not and may, in fact, yank an offer of reduction off the table if your "explanation" seems tantamount (to them) to aggressive or careless driving.

If the trial date is already set and ...

When you are hit with charges that have substantial fines like this, my recommendation is to seek out legal advice. It may seem costly, but the consequences can be quite severe. If you genuinely had insurance on your vehicle at the time, all you need to do is present evidence (a letter from your insurance company) that you were, in fact, insured ...

Couple of points:

1. "Municipal expressway" is not a term used in the Highway Traffic Act. Wikipedia is not an official source of legal information. Which road did this occur on?
2. The inadequate disclosure is probably the best angle to go after if the Prosecutor fails to provide it. If they adjourn to provide disclosure, look at an 11B.
3. Then ...

Agree with Decatur. You're facing some pretty stiff fines, so I would strongly suggest that you get some sort of legal representation. Most paralegals and traffic lawyers offer free consultations, so call around and see. They will take your information, file a disclosure request and see what information the officer has. They will also attend court ...

Decatur wrote:I'm beginning to think that some courts may take a dim view of not providing either a phone number or an e-mail address. Most of the Justices of the Peace are every in touch with technology and would recognize when someone is attempting to delay the receipt of disclosure.

Agreed.

27 of May changes things for sure. File the 11B. See the "Courts and Procedures" section of this website for advice on how to file it.

I'd also recommend making one more disclosure request, but this time include your phone number. I know that "Ticket Combat" suggested to not do this, but I've spent quite a bit of time helping people with traffic ...

The Prosecutor won't buy that as the "safest thing" for yourself. Their attitude is that you should have slowed down, and moved over to the right lane, period - even if there were vehicles approaching from behind. I've done the same thing you did on many different occasions, so I know why you did it, however that logic will not help you in court. I ...

Unless Saskatchewan has a method for identifying the driver with a red-light camera ticket, I think you are in the clear, as Stanton said. The only North American jurisdiction that I'm aware of that actually will use cameras to identify specific drivers with photo radar and red light cameras is Arizona.

I have obtained by-law documents from the city stating that the stretch of road was in fact a 70 Zone on the date of my speeding ticket. From my research, a 50 Ahead sign is no substitute for a Maximum 50 sign.


Bring that by-law to your court date. Talk to the Prosecutor, and, if they do not withdraw the charge, then use that as evidence that ...

Until there is a conviction, your record is clear.

The Toronto backlog is 10-14 months. If it takes longer than 1 year for your case to proceed to trial, you can also file what's called an "11B," which is paperwork that states your rights to a speedy trial have been violated, and the trial should be stopped.

You are a bit late to file the 11B for your trial date. You need to give them at least 15 working days' notice with the 11B. You will need an adjournment to file the paperwork correctly, so any delay from here on will be charged to you, so the delay clock is still just shy of 13 months. That said, you can point out that you never received ...

Talk to the Prosecutor when you go in for your court date, and you may be able to arrange for reduced fines up front. So you'd save quite a bit of money if that goes well...

Send your disclosure request to the Prosecutor's office where the trial will be held. We have a form that you can tailor to your situation. Check out the "Courts and Procedures" section of this website and look for the thread dealing with Disclosure Requests.

I would follow Reflections' advice.

Unless you really want to go in and plead guilty, you really should seek some sort of legal advice. You may be able to plea-bargain to speeding 49-over, but many insurance companies consider that to be a serious speeding offence. Insurance-wise, there is a possibility of getting your rates doubled, or your ...

That is very odd, because you should not be able to renew your plates unless all fines are paid. Then again, given the fact that the government of Ontario is completely unfamiliar with its own rules regarding traffic tickets and fines, it is only mildly surprising.

(Case and point: There have been numerous articles over the past year complaining ...

Yes it was.

Clerks say a lot of things.

However, the amount of evidence for a routine parking ticket would probably be the ticket itself and nothing more.

Both times they settled by "plea bargain" without him seeing ANY disclosure from either situation. It was just "plead out" and he was told how much to pay.I guess he could probably could have fought that but didn't know what to do.

Paralegals in Ontario are governed by the same organization as lawyers: The Law Society of Upper Canada.

If your ...

Forget the demerit points because your potential for jail time is more pressing at the moment.

Possible, but not likely for a first stunt driving offence. If there's a second stunt driving offence... then up to 30 days in the slammer would be likely. That said, if I read the original post correctly, four tickets in less than one year and one for ...

The only way to know what speed she was originally doing would be to get the officer's notes via a disclosure request.

If the police were using lidar (which they probably were), they can easily target each vehicle independently, unless they're driving about three inches off each others' bumper.

Wow that's chicken-scratch...

The part I can decipher is Atlanta 24072, tested 6:45 and 1:20 (so I'll assume that's before and after your stop)
Posted 50 zone
1.7 kilometres south of ??

And it looks like you got ticketed for going 70...

Not much help I can give you, I'm afraid.

Given the fact that it would probably take a clerk in the office about 2-3 minutes to review an e-mail request, versus 10+ minutes of screwing with paperwork and then setting up a trial, it would probably free up a lot of resources. Conversely, some people would be more likely to fight their tickets... on balance I think it's a good thing.

Take out the request for "statements made by the defendant" and "copies of original notes of statements" and "names, address and occupation" parts of it, too. The rest should be good to go.

so why punish me with 6 points when I have been driving perfect for 13 months?

That's not how the system works. Even if your driving record has been spotless, they don't care. They look at each offence and decide if the evidence is sufficient to warrant a conviction. If the conviction occurs, demerit points are automatic.

Also, are Judges ...

Actually, at FOUR demerit points, as a G2 driver, your licence gets suspended for 30 days automatically.

Demerit points do not get applied to your licence until after you get convicted of an offence. That will not occur until your trial date for this offence. I'm going to assume that, by now, you've recovered your car from the impound lot. You'll ...

It won't. I personally think you're better off asking for information relevant to the offence since it makes you look more knowledgable.


Agreed. In fact, a clerk in the Prosecutor's office said EXACTLY that. They get dozens of disclosure requests every day and they've seen these cookie-cutter, non-specific requests hundreds of times before ...

And just to add... I've become the latest to get a charge tossed based on an 11B. HOWEVER, it was like pulling teeth.

At my first appearance, quite surprisingly, the Prosecutor fought it tooth-and-nail. This was surprising for two reasons:
1. Most of her arguments were not applicable, and
2. The Prosecutor's office had failed to provide ...