Ontario Highway Traffic Act

First of all, the correct charge wording for the offence under 62(19) is not "Improper amber plate light (white light only shining on plate)", it's "improper number plate light". You could raise this issue, but I don't know if it's a fatal error. Your previous conviction for speeding is unrelated to the plate light so will not likely be held ...

I don't think s. 85 is applicable to your case. What are you asking for an extension of time for? To pick one of the options on your ticket? That ship has sailed if you've already been convicted - which you need to call the court to find out. If you have, you can apply to have the ticket re-opened. You can cite the reasons you provided, but I don't ...

Sounds like you got the manual for the device that the officer was using, so I'm not sure what the problem is there. Other than the fact that it's old, I'm assuming you don't actually have any information that it's NOT the device that the officer was using...

Furthermore, you normally don't bring a s. 7 application to stay the proceedings because ...

Exhaust charges are often very discretionary, so the officer may still feel that he has grounds to lay the charge, even if the MTO or other officers have said it's ok.

You shouldn't need to write a factum at all. You should be able to make your argument orally on the day of. The rules state that you should do a factum and serve it on the crown beforehand, but I don't think they're stringently enforced against non-lawyers.

As it says on your printout, it is an ADMINISTRATIVE suspension, which is why I think it is covered by the FSCO bulletin.

I'm not clear on whether there is a conviction on his record or just a notation about the fact that he was suspended. If there is a record for conviction and he hasn't been convicted, then that is a mistake and should be able to be rectified. I don't know who you'd talk to for that. Someone at the MTO, I imagine.

If the record is just about the ...

I think there are any number of reasons why people quit policing - stress, tired of shift work, naturally retired, fed up, got in trouble, etc. For these people, moving into something like being a paralegal is a logical move because it allows the (former) officer to capitalize on their years of experience in the justice system. This can be a ...

I don't think it's a question of his word being better because he's a bus driver - that's why they bring in an out of town prosecutor for theses situations. To be clear, NO ONE has the authority to reduce points. They only way people end up with less points is, as Stanton said, they plead to an offence that carries less points. However, I am not ...

I disagree that you can't or shouldn't be charged for the same offence on 2 successive days. If you could only be charged once then you could just continue to park indefinitely with no further consequences. Same thing with an expired licence plate, if you get charged once should you be able to drive the rest of the year without paying?

Prosecutor can't offer you 1 point instead of 3. He doesn't have the authority. The charge was reviewed by an outside jurisdiction because that's the way it's always done when a city vehicle is involved to avoid the allegation of bias. His was dropped probably because the facts would not support the charge. Yours wasn't because, presumably, the ...

The time is probably an amendable error since when you are arraigned they charge you "on or about the xth day of whatever month", meaning they don't have to prove a specific time.

You can have a resolution meeting before receiving disclosure, but most people don't because you don't know what the evidence is and therefore you don't know what your leverage is. You can decide to hire a lawyer or paralegal at any time throughout the process. You have from the time of the resolution meeting until the time of your next court date ...

Yes, I believe you are right. Thank you for correcting that.

The important thing to remember here, and it often comes up so I wanted to mention it, is that the officer's attitude and behaviour has no impact on the merits of the ticket they issued. The appropriate forum to complain about an officer's behaviour is with the police service, not with the court.

I've seen a number of trials where the defendant's ...