Ontario Highway Traffic Act

Whether video evidence is destroyed because it's only retained for a certain amount of time or it's destroyed intentionally, the remedy is usually to make a lost evidence application (known as a Carosella application) and then ask for a stay or some other remedy that is within the jurisdiction of the presiding judge to grant. I'm not commenting on ...

I've never heard of someone getting compensated for attending court to answer a charge against them just because it wasn't successful. I don't think that is in the power of the Justice of the Peace to grant even if they wanted to.

What you're suggesting is that we recognize that people routinely break the law and we should write another law to accommodate that. I disagree. If you want change, I think we should either raise the speed limit to accommodate the faster drivers and leave the section regarding left lane use as is, or we should start enforcing the speed limit in the ...

I've never heard of a case being withdrawn because it is causing a financial hardship on the accused person.

The M2 restrictions should only apply if you are using the M2 licence, which you aren't when you're driving a car.

Option 2 allows you to request a lighter monetary sentence from the court. There is nothing they can do about the points.

If you select Option 3 you will be entitled to a trial, at which they will likely present the video evidence ...

I'd say less than one minute. There's not much to do on a Genesis radar - it's all internal testing, which takes maybe 20 seconds. Then I think all you have to do is an area scan for interference. I don't think there's anything else the manufacturer recommends, but I stand to be corrected.

With 2 vehicles side by side, assuming they are the same ...

If the officer did decide to lay a charge because nobody came and showed him that it was fixed, he'd have a hard time getting a conviction on it because how will he prove who was driving at the time of the offence if he didn't obtain any identification from you, the driver. He will know the registered owner by running the plate, but there's no ...

If you are traveling the speed limit, say 100 km/hr in the left lane on the highway, I don't think the HTA contemplates that you should move over for someone who wants to break the law by going faster. As you said, I think this section only applies if someone is going particularly slower than the speed limit - as it should.

Appealing a conviction that is 19 months old will generally be difficult, of course your actual likelihood of success is always face and case specific.

Out of curiosity, what is the section number for that charge? I've never even heard of it.

I would just disagree with #4. If the right criteria are met you can certainly appeal or reopen your case.

Normally you argue the 11(b) before entering a plea and if you are not successful then you have your trial.

Very well done. You dealt well with what is a common problem in both provincial offences and criminal courts all across the province where underfunding of the criminal justice system coerces people into pleading guilty just to save the court and prosecutors the time and effort.

I think nobody has answered because you just asked a whole bunch of basic questions that are answered throughout this forum. Please feel free to repost if you have any specific questions.

A stay is usually only granted where a lesser remedy (such as an adjournment) cannot remedy the situation. If you are having issues with disclosure, an adjournment can likely remedy that. I do not think the fact that you have had to attend 3 times warrants a stay either. That is part of the process.

Even if you are denied a particular piece of ...