Ontario Highway Traffic Act

If the crown decides to amend the charge to a different charge that carries less demerit points, you will be convicted of that charge and receive the points for that charge. However, the points are still automatically assigned for whatever charge you are convicted of. For example, you can not be convicted of careless and receive anything less than ...

I have not had an opportunity to review the pictures, but what I'm saying is that you will not have the opportunity to bring up new evidence that adds to your defence at an appeal. The appeal is for when you claim that the judge has made an error in law, not becasue you want a do over.

That is not a fatal error, it can be ammended at trial.

Points are 2 years from offence date, conviction is 3 years from offence date.

The errors you described can be amended at a trial by the prosecutor.

It needs to be tested "as per the manufacturers instructions", which depends on the model. This is why some people request the manuals for the unit that was used.

The template probably refers to a sheet officers use when doing a lot of speed enforcement at one spot. It allows them to record all the necessary information for each ticket in one place rather than over pages and pages in their notes. Then they just have to keep and use that for court.

In order to get a statement in they would have to hold a ...

You're probably not going to get that. You'd have to show that it has some value beyond probative to your ability to make a full defence.

What are the circumstances surrounding this where it's relevant when the CPIC inquiries were done?

kelly wrote:I was going to take option 2, seeing a Justice Of The Peace but I read that they can't reduce the demerit points. How do I go about reducing the points to zero?

You don't. The points are administratively assigned to your licence if you are convicted of the offence. No one has discretion over them.

The wording "in charge of a vehicle" has the same meaning as "care or control".

It includes "present physical custody" and "circumstances where the person has only recently and temporarily relinquished physical custody" (i.e. someone who was driving but exits the vehicle and walks away) (see R. v. Richards 1999 – Ontario Court of Appeal)

POT = Provincial Offences Ticket

a.k.a. PON (Provincial offences notice)

It's not the officer's notes unless it's referring to notes he wrote on the back of the ticket.

There is no problem with writing something like that to indicate that it is a bicycle.

You will still receive demerit points because a bicycle is a vehicle under the HTA and red light applies to vehicles, not just motor vehicles.

There is something strange about this officer – he was wearing a yellow jacket (forgot to ask about that at the trial)

The officer was a police officer. Yellow jackets are usually for officers on bicycle patrol but sometimes officer wear them other times because they are a nice light rain jacket.

Also can I win if the officer is parked ...

Agreed, non compliant drivers and vehicles need to be taken off the road and I hope that plate recognition setup the OPP was or is testing works out.

Just FYI, the plate recognition systems that exist now only compare the plates it reads to a BOLO list. The list is updated maybe every hour, but it only includes stolen vehicles or crime ...

http://www.canlii.org/en/on/oncj/doc/2010/2010oncj192/2010oncj192.html

R v. Batenchuk is an interesting case from earlier this year. I haven't had a chance to review it yet, but the summary I received from the Law Times indicates that it involves some very detailed requests for disclosure from accused relating to breathalyzer equipment operation ...