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Normally that suspension comes after you have been convicted of a G2 licence violation under O/Reg 340/94 section 6 (1), paragraph 1: Class G2 licence holder — B.A.C. above zero. It's an $85 fine. Then the Ministry suspends your licence. Are you saying you received no ticket at all from the incident? And how were you suspended for 30 days? Was this ...

Time shouldn't be a fatal error if it's still on the same day, because you are charged (in the charge wording) with "On or about the ___ day of _____ month did commit the offence of.... So it really hasn't prejudiced your ability to make a defence. It should be able to be amended at trial.

Agreed, follow too close is not an included offence in careless. It's just often the offence that people plea to when charged with careless. However, you can not be convicted of follow too close at a trial for careless, or vice versa.

Temporary tags are good for only 10 days.

Depends a lot on the individual prosecutor in your region. 29 over to 15 over might be a bit of a stretch, but not inconceivable.

Either that or go to trial.

Red Light wrote:Does it make sence for a person to have to pay a fine that was issued by a police officer who hasn't done their job properly?

Yes, as long as what they have done, or failed to do, hasn't negatively impacted the person's ability to make a full and proper defence to the charge in court (a.k.a. a fatal error on the certificate).

OPS Copper wrote:It is not just for unpaid fines I bet. He has been convicted of driving under suspension and there is a suspension associated with that judgment.

OPS

Indeed, that's likely and if that's the case there is no way to get rid of it sooner.

The JP won't hear your plea for a reduced charge. All they will hear is your guilty plea to the offence you are charged with, which you are able to make submissions as to penalty to. You can ask for a reduction in the dollar amount of the fine, but the speed will be what is on the ticket and the points are non negotiable and are for the amount on ...

In the last amendment to the ticket books they changed the Motor Vehicle Involved section. It used to be that you had to choose Y or N, as the case was. Now it's just assumed that a motor vehicle was involved, because that's usually the case, and the box is a "N" for no motor vehicle involved, and you check that off only if no motor vehicle was ...

Urban legend. It's like showing up to court and saying that you're not the person named in the charges, that you're the "natural person" or some *EDIT* like that. It's just not true.

mugwort wrote:I was a little confused because my lawyer told me the the suspension only kicks in AFTER I have paid off all the fines which would take a really long time.

For a suspension for unpaid fines? That's not the case, it's only in effect as long as your fines are unpaid.

Jarratt wrote:Thanks Simon, I seem to recall at a previous First Attendance standing before a JP with the Prosecutor with my plea to a lesser charge. That was in Peel.

You will have to go before a JP to enter a plea, however discussions prior to that about what the deal will be (a.k.a. first attendance meeting) will be with the prosecutor only.

JP will have nothing to do with a first attendance meeting. Prosecutor will have the officers notes and if you apply for disclosure you should have a copy of them as well before that date. A plea to a lesser speed should be possible if that is what you're looking for, depending on a number of factors including your record, especially for a pacing ...

Same thing.

I've never heard of anyone using a monopod.

You have mentioned both radar and lidar in your post so I'm not sure which one it was, but I'm guessing lidar because you said he targeted your vehicle specifically on the front plate. You can only do this with a lidar because it has a scope with a crosshair. If this is the case, I don't see how you're going to successfully argue that he targeted ...

Regardless, the fine is wrong, which should result in it being quashed. If you bring it to the prosecutor's attention they may just withdraw the ticket, eliminating the need for you to have to show up in court and ask the JP to quash it. I guess it also gives them the opportunity to issue you a corrective summons for the charge, but I really don't ...

Just to clarify, your meeting is with the prosecutor, not the JP.

If that's the case it should probably be quashed. You can bring it up with the prosecutor before the trial and see what they say. If their answer is not to your liking you can try to convince the JP that the ticket should be quashed.

Motor vehicle involved means whether the defendant was using a motor vehicle to commit the offence. It doesn't refer to other vehicles. So if you got an HTA ticket for speeding or valtag, etc, it would be checked. If you got a trespassing or public intox ticket, it wouldn't be. If it's wrong in either case, it's not a fatal error.

It's not that he needs to believe you over the officer - that's probably not going to happen. All you need is for the JP to find you credible as well, then apply the test outlined in R. v WD and hopefully find that there is reasonable doubt. Basically WD allows the JP to acquit based on reasonable doubt without saying they disbelieve the officer ...

Depends on what arguments you intend to make but at minimum there should be enough in the package for the crown to prove the elements of the offence: that a motor vehicle was being driven on a highway, that you were ID'd as the driver, that the officer saw your vehicle, believed you were speeding and used the radar to confirm, that the radar was ...

It's almost like it's his word versus mine and he has me beat because the other individual isn't there.

Not almost - it's exactly like that!

All you can do is present your evidence and be firm if that's what you believe happened. Other evidence like light cycle times is irrelevant because you can't prove what it was then by what it is now.

If ...

I tend to agree with you. I don't think the date they're stamped with when they're handed in is the "filed date". I think the "filed date" is when the court receives it and "files" it by entering it onto the ICON system. Run with it and let us know how it turns out.

Basically just what you said, the van was going too slow, you passed when it was safe to do so. In order to pass the van safely since the other car was oncoming you had to accelerate and that put you over the limit, after which you slowed down again.

Not sure but I'm interested to hear what comes of this.

The officer used his discretion to issue the other driver a warning and he decided to give you a ticket for it. That certain is unfortunate for you, but here's nothing improper about that.

The officer's assertion that you were going fast or accelerating through the intersection is not improper either. He is not saying you were speeding or that you ...

Well I don't think that the fact that you've already got 3 points is a mitigating factor, if anything I'd say it's an aggravating factor.

However, if you show up prepared to take responsibility for your actions and don't make excuses, they'll probably offer you a reduction. If they don't, you always have the option of going to trail and forcing ...

As I said, it all comes down to discretion and articulation