Ontario Highway Traffic Act

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.