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beleafer81 wrote: But even so I thought they had some way on their onboard computers to see if you have legit insurance, paper or not.

There is such a thing but it's not in common use and not in cruisers. Also, it's irrelevant to the charge of Fail to Surrender Insurance Card.

1 and 2 are non-issues. Read my post here about the hat issue.

http://simonborys.wordpress.com/2010/04 ... their-hat/

Pacing can be done anytime. Police just have to follow you at a constant distance from your vehicle over a nominal distance and make reference to their own calibrated speedometer to gauge your speed.

If they lose sight of you that might be a problem for them to prove the charge in court. You could request disclosure to see what it says in their ...

The police have no discretion over the points. That is an administrative function of the MTO. The police just issue the ticket and if you are convicted, the MTO will assign you the points. Neither the judge nor the crown has anything to do with points either.

You could request disclosure and see who provides notes for the evidence of the offence. If they are both in the car she can write the ticket and he can give the evidence, as long as she's there to sign it, otherwise it wouldn't be proper service and would be null.

The document is a certified record from the Ministry of Transportation stating that said driver was suspended on the date in question.

I don't think you're going to have to point out to the JP that the officer is giving hearsay evidence, I very much doubt that the crown or the JP would allow it to go that far. If they do, all you need to do is ...

You don't need to play hardball and say, "I'm going to fight this" and hope they offer you a deal instead. You can just tell them, "I'm willing to plead guilty and spare the court the burden of a trial in exchange for some consideration on the fine."

That's what plea bargains are all about: you get rewarded for taking responsibility for your ...

The set fine for the charge is $155 but when you go to court that doesn't apply anymore. It is only for out of court settlements. Once you have a trial the maximum set out in the Provincial Offences Act applies ($500).

That being said, unless there are serious aggravating factors (prior record, etc) they crown almost always asks for set fine ...

That's probably not a fatal error. If you fight it in court, which is the only way they would know there is an error they can amend the certificate. But I'm not sure if they would even need to since the officer would probably give evidence as to the correct plate.

The licence plate camera doesn't read plates and return information about the owner or the vehicle. All it does is compare the plate to a pre-generated list of plates. Plates on that list are only vehicles that are stolen, involved in crime, wanted, etc - not expired tags.

If the officer typed the plate into the computer manually, the would get ...

There is no time limit for reporting a collisions, however if you're going to report this you should do it as soon as possible. Don't use it as a bargaining tool with the other person.

You are not actually required to report it unless there is damage to public propery, injuries, or the damage to vehicles is over $1000.

A school bus driver's report is no different than any other witness or complainant making a report to the police that someone committed a crime which leads to their being charged.

A statement may be enough for a charge, but not necessarily a conviction. If the charge is challenged both parties must give evidence in court and the judge then weighs ...

You won't be able to appeal the suspension, but you can fight the ticket in court (or just speak with a prosecutor about it) and bring that up. That should be a strong mitigating factor.

You could also file a complaint with the police department about their error and see if they will rectify it by compensating you financially. If they don't, you ...

Production of a certified letter from the MTO confirming the suspension is not written anywhere in law, however it is the only way the crown can actually prove that you were, in fact, suspended at the time you were caught driving.

The officer knows you were (or believes you were) because the computer told him so, and he's usually right, but that ...

I live in the Municipality of Borys.

That's not likely to stick.

Read this article I wrote. It answers most of the questions you have.

http://simonborys.wordpress.com/2010/06 ... explained/

No

It will make your case stronger. However if you try to argue a motion, the court is going to dismiss your request for an interpreter if they feel you are able to conduct yourself sufficiently, so be aware of that.

I don't disagree with you about the fatal error, I was just commenting on your ideas about creating a defence.

Arguing an error on a ticket can sometimes be problematic however, since if you take it to trial to make the argument, they can always ask that the JP amend the certificate, which they may or may not do. If you don' take it to trial and ...

The officer who inspected the vehicle is the one who has to testify in order to avoid it being hearsay.

In my opinion I don't think you're situation meets the grounds for being discriminated against. The police are permitted to conduct random checks, which they could claim they were doing in your case. They are also permitted to conduct targeted ...

The rate in section 128 is to be used for the purpose of calculating a sentence for speeding after a trial. There is an appendix in the POA with a different amount that is used for the purpose of the set fines.

If the interpreter doesn't show the JP may stay the charges, but that's their call. They will not proceed without an interpreter unless you agree to waive your request for one. The other possibility is that they will adjourn to a later date. If the officer doesn't show the crown will withdraw or ask for an adjournment.

All speeding charges are under section 128.

Speeding is an absolute liability offence, which means that there are no defences. The court will not hear or consider anything you have to say with regards to a defence.

So you're saying you need an interpreter for the English language? English to what?

It's fine to have no defence except your charter application, but once the trial commences your chance to plead guilty and ask for any leniency is gone. That being said, you can't get any more point than are associated with the charge. Points are not within the ...

? What is stated and how is that different than what you were charged with?

Your changes, like everyone else's, depends on the merits of your own case. They are no greater or less because you are dealing with the MOE.

I'm curious how you plan on arguing that you've been singled out because you drive an older car. Do you have any independent evidence of this, or it is just your opinion? This might be a difficult line of ...

It's not necessarily one way or the other. But you lose your leverage for a plea bargain the closer you get to the trial, especially if they've gone through the trouble of having the officer and witnesses attend court. The purpose of a plea bargain is to reward people who accept responsibilities for their actions early on in the process and spare ...

Read this.

http://simonborys.wordpress.com/2010/08 ... for-court/

Ticket has 3 points associated with it - those are non negotiable. No way to not get those points except to not be found guilty of the offence, or plead to a lesser offence.

144 (18) is the correct section for this incident.