Ontario Highway Traffic Act

Yes, absolutely! I certainly didn't mean to suggest he should actually just show up in court and say nothing and hope that the crown can't prove it. I was speaking more about the principle behind it. There are many good impaired driving lawyers who are well versed in the operation of the intoxilyzer machine and the proper procedures for obtaining a ...

You've already admitted to consuming alcohol in this post so what are you going to say in court. Remember you're not supposed to lie.

He doesn't have to say anything in court. He has no burden of proof. The crown has the burden of proving his guilt beyond a reasonable doubt. He's entitled to sit there and say nothing and be acquitted if the ...

Well Im not Simon, but I think I can answer your question.

For most police services, HTA matters are always scheduled on the officers regular working days. Courts are provided with a copy of the officers schedule (including vacation days) so that they know when to book matters. Matters can be delayed or rescheduled, but the Court will typically ...

Prejudice is an important part of an 11(b) motion. Prejudice can be inferred from the mere passage of time, but if you don't make your desire for the earliest possible trial date known, then it can be harder to establish prejudice. In a situation like this, you could make your desire for an earlier trial date known by attending and opposing the ...

Yes, you're right. Now I remember reading this case earlier this year. Thanks!

Actually, the requirement to report accidents applies everywhere, even on private property. Recent case law (R v. Hajivasilis) has clarified this. If the accident results in any injuries and/or $1,000+ damage (vehicles and property included), you must report that accident.

I think Hajivasilis actually stands for the opposite proposition. In that ...

An offence that carries a possibility of jail cannot be absolute liability. See BC Motor Vehicle Reference, 1985, Supreme Court of Canada. You should be able to find it on CanLII.

You can ask the officer any questions that are material and relevant to the issues being tried. If you intend to contradict the officer later about something they said in their examination in chief, you MUST question them about it. This is known as the Rule in Brown V Dunn. What you can't do is lead evidence of your own during the cross examination ...

An affidavit is just your statement as to what you claim happened, notarized (and dated) by a notary public. The benefits of an affidavit are 2 fold: 1) since they are dated, they prevent the argument that you just made your statement up recently and 2) they are under oath, so they're supposed to bind your conscience and prevent you from lying. The ...

Yes, typically this would be by affidavit evidence. It could also be by oral testimony.

If this offence is one of absolute liability then all that the prosecution needs to do is establish that you did it. Motives are reasons are irrelevant. For an absolute liability offence, a video of you doing it (regardless of the reasons) would not help.

If this offence is one of strict liability, then the prosecution needs to establish that you ...

An affidavit doesn't really offer anything beyond what proof you can provide with a fax confirmation receipt. If they're not going to believe you sent in your disclosure request when you produce a fax confirmation receipt, they're not going to believe you just because you swore an affidavit about it.

Greatest Canadian wrote:If you get a ticket and settle out of court by paying the ticket without proceeding to trial, no points can be added to your driving record.

Read my Dermit Point Scam thread.

Can you provide any authority for this? Because lots of people here can provide plenty of anecdotal experience that this is NOT true.

If you plead guilty with an explanation before a JP you cannot plead guilty to a different charge. The JP has no jurisdiction in that case to change the offence to something else. You can only make submissions about sentence (fine amount). If you have a resolution meeting with the prosecutor, you can talk about a lesser charge or a lesser fine ...

If you pleaded guilty what is it exactly that you want to appeal? The case was disposed of by way of a plea so that's the decision you would have to have over turned. A guilty plea can be revoked, but it is not easy to do. That's probably something that would be good to have a lawyer or paralegal for.