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Commercial plates expire at end of the month. Personal plates expire on the birthday of the owner. No section # may be good enough to get the ticket quashed. You always have to think of errors in terms of how they have prejudiced your ability to make full answer and defence. Courts are not sympathetic to technical errors that have no prejudice ...

The officer doesn't have to check your information before he issues you a ticket.

"First attendance" usually refers to the court date on the summons, which would make it obligatory. As has been said, any date on a summons or any official court date (when court is sitting and your name is on the docket) is mandatory. Nothing in the HTA or POA says meetings with prosecutors are.

I don't see how the discrepancies you have mentioned, even if you can get the court to completely accept your version of the events and reject the officer's, will have any bearing on the ticket being dismissed.

You don't have to appear in person if you have a representative there for you.

Just so you don't have any false expectations, the officer's rudeness, even if you complaint is substantiated and he's disciplined for it, will not have any effect on your ticket.

The fact that it was raining isn't going to help you. The typical response from prosecutors when people say they crashed because of the weather is that you should have been going slower if the weather was bad. Prosecutors tend to view the collision in bad weather as evidence of the fact that you weren't driving "with due care and attention" (to the ...

Have you filed for a re-opening or an appeal? If you filed for a re-opening then the crown once again has the opportunity to request an amendment to the certificate to correct the error. If you are appealing then it's essentially just a review of the JP's failure to quash the ticket. In the latter scenario it's irrelevant why you didn't show up ...

Every jurisdiction has a different procedure for obtaining disclosure, usually it consists of writing to the crown. Call the courthouse and ask.

The crown is the prosecutor

You have 30 days to reopen a matter, but after that you can still appeal a conviction. You still need a valid reason to appeal or your request will be denied and I agree with Stanton that I don't see the argument in what you're saying.

I would qualify Stanton's statements about police being able to as preliminary questions to "figure out what happened" in the absence of grounds by pointing to White (1998) SCC and several subsequent cases which say that if the statement you give to the police is compelled (which a statement in relation to a collision may be under the Highway ...

The officer has no discretion to issue you a reduced fine. The fine for failing to stop for a stop sign is set by the Chief Justice of Ontario at $110.

Reduced Suspension with Interlock program is specifically for people who are charged criminally and plead within a certain time frame. You may still have to get an ignition interlock here in Ontario, but I don't think it will be through this program.

You can contact the prosecutor and see if they will consent to the adjournment request. If they are going to you usually just need to fax something to them and they will present it to the judge on the court date.

Omega_Gin wrote:Honestly I doubt the cop will even show up because it really appears that he is just trying to meet a ticket quota.

Myth. Read this: http://www.simonborys.ca/2010/08/does-a ... for-court/

Rear end collisions almost always result in a charge of careless. This may be a bit of overcharging on the part of the police because other charges such as follow to close may apply and the careless is often plead down to that. However all that is required to prove on a careless is that you were driving "without due care and attention" or "without ...

Provincial offences cases can usually be re-opened within the first 15 days after conviction, after that you have to do a full appeal to a judge of the Ontario Court of Justice.

It's unlikely that you're going to get the full manual, but you can of course ask.

It's also unlikely that you're going to get anything with respect to the device being manufactured/tested to any specific standards. What people need to remember, and I've said this before, is that the standard of proof required for a conviction is "proof beyond a ...

Representatin is usually a good idea for serious charges like this. Drive suspended can have huge impacts on your insurance, which means you could end up paying more in the long run than you would have spend on representaion, if your lawyer/paralegal is able to obtain a favourable outcome for you in court.

It would be a good idea for you to get ...

You can not be charged for careless driving in a situation like this if you were the passenger.

Answers to all your yellow line questions should be here: http://www.simonborys.ca/2010/05/is-it- ... llow-line/

99% of JP's decision on provincial offences are not reported, therefore it is not going to be on CanLII or any other legal database. The only way would be, as I said, to order the transcripts.

Judicial findings from one trial may be of assistance at another, but you can't introduce that into evidence just by claiming it. You need to have a reported case or a transcript of the judge's reasons.

By your description, the offence was complete at the time you were stopped, but you may be able to resolve this with the crown by a withdrawal or reduction.

Most of the time police officers DO show up for court - especially for a fall to slow for emergency vehicle charge, so I wouldn't rely on that.

Usually driving "with due care and attention" means keeping enough distance from the vehicle in front of you that you can react appropriately even if they make an unexpected or unsafe maneuver. Certainly that's the position the officer took.

My experience in court is that JP's often cut the ticket by about 50% if you plead guilty and say you can't afford it.

Also, it shouldn't really matter how you file a 2nd request (in person or by fax), as long as you are continuing to make reasonable efforts to obtain the disclosure.

s. 52 of the HTA says you are deemed to be served 10 days after the letter is sent. The mere claim that you didn't receive it is not sufficient for a defence to the charge, but it doesn't really matter in your case, since you weren't charged with driving suspended.