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I think that, with regards to the issues you have posted already, OPS Copper and Radar Identified have (rather bluntly) already addressed them and I don't have anything to add. Also, the missing 'R' is not enough of an issue to build a defence around.

The only other thing I can think to suggest, if you are of the opinion that you weren't acually ...

I have a few issues with the situation. First, I was driving home from working the night shift (got off at 7). Second, there was ideal weather and there was very little traffic (but the traffic was going around 70). Next, I don't believe the officer had a radar gun, I believe he used his speedometer. Lastly, I felt pressured by the officer to ...

Wrong track I think, if your suggesting one mistake might have led to another without their being a direct and articulable link between the two issues. Every police officer makes mistakes and I don't think the court will automatically accept that that fact means the rest of your ticket wasn't proper or correct.

The ticket should indicate whether it was reduced but that is not a fatal error.

The speed limit is the limit, not the minimum or average. It's an unfortunate situation, since you weren't driving at that speed for long, but I don't think it's unwarranted. That's my opinion.

You can hire someone at any point in the process. It really depends on how comfortable you are with the process and with representing yourself.

If you are interested in reading more about Richardson v. Sanayhie, the case dealing with civil liability for designated drivers, you can read my review of it here.

http://simonborys.wordpress.com/2010/06 ... d-drivers/

I agree that those aren't the problem people, but I've dealt with plenty of Outlaw Bikers who flout the noise laws with their Harley's and an audiometer would be good for them.

I like it! They're going to use sound meters so it takes away the ambiguity that we have in the HTA where it's totally up to the officer's discretion. Why leave it to discretion when you have the technology to measure it accurately.

Yes, it's a Provincial Offences Act Probation Order. It's not common but I've seen it used before. Though usually it was in order to place specific terms on someone, like "Not to occupy the driver's seat of a motor vehicle" or "Obey a curfew of...", where the crown felt those terms were necessary to keep the person from committing the same or ...

If the video evidence contradicts the charge that was laid, the ticket will be withdrawn and it is unlikely they will bother laying another information for the correct charge.

Also, none of the errors on the ticket sound fatal. If you take it to trial the prosecutor can request that they be amended. However, if it is not a trial situation (i.e. a ...

The officer can either retain the permit until the completion of court proceedings or return it to the MTO (that's what I always did, that way you're not responsible for it). If it has been returned to the MTO it has been canceled. If it is held until the completion of the court proceedings a determination would be made after that. Cancellation is ...

No MVC report = non reportable collision, therefore, no ticket. That's just lazy to claim it is over $1000 for the purpose of the ticket but under so you don't have to complete and MVC.

There are some good articles on www.ontarioticket.com and on this forum that explain the whole process.

I don't want to give you specific legal advice on your situation. If it were me I would probably want to see the disclosure and weigh my options and perhaps seek a plea. I'm not a fan of fighting everything just out of principle,i especially if you acknowledge fault. It's a waste of the courts time and it doesn't allow people to accept ...

Is it against the law for a cyclist to bike on the sidewalk or through a crosswalk where there is no bicycle path in the GTA? Does the glare on my windshield somehow make me innocent? Do the witnesses testimonies become void knowing that the police did not interview all witnesses (ie: the one in my vehicle)

It is against the law for cyclists to ...

If you are interested, there is a new article on my blog about Roadside Alcohol Suspensions: Bill 203 explained.

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

It shouldn't. That box is supposed to be used if there are civilian witnesses, but they're probably referring to the other officer in this case.

After i recieved my ticket the officer gave me back my "cancelled" drivers licence and told me i could drive to my friends house and figure out a ride from there...is this proper protocol?

No, he gave you a break.

This happens a lot because the right hand doesn't talk to the left. You deal with your fines and suspension through the courts, but ...

If you take your matter to court you may fight one or both of the tickets. If you fight both, they will both be dealt with at the same time, since they are arising out of the same instance.

For the procedure, check out the articles on www.ontarioticket.com and elsewhere on this forum, you can find most of your answers there.

Biron wrote:I would advise you to file a complaint, but you would be wasting your time; you see, the complaint is reviewed by themselves.

No they don't. Complaints are now reviewed by the OIPRD.

You can register/attach old plates to a newly bought vehicle, even if you still own the old vehicle, however, the old vehicle's ownership (registration/permit) should indicate that the vehicle is unplated and the plates registered as unattached.

Seriously? You just advised him to commit the offence of driving with plates not authorized for his ...

Don't worry about what type of questions you can and can't ask. The JP will keep you on track. In my experience they're usually good about it because they know you're not familiar with the rules.

I would suggest that you should definitely anticipate the officer will stick to his evidence on cross examination. He's not likely to chance his story ...

To answer your question about the basic trial format, the crown calls it's witnesses to prove it's case, then you get a chance to cross, then you call your witnesses to raise a defence, then the crown crosses. Then comes final submissions and then the verdict. After that you both have the opportunity to make a submission as to penalty.

What you describe is quite common. You should have not been charged and, in my opinion the police officer acted negligently. There is Supreme Court case law directing that police officers may be liable for damages when charging someone and failing to conduct a proper investigation.

Why should he not have been charged? How did the officer not ...

It might cast doubt on the accuracy of the officer's evidence, if you can suggest that it was not your vehicle he say. However if he says that he saw your vehicle, measured its speed, then stopped you without losing sight of the vehicle, the discrepancy may be chalked up to just a mistake, not affecting the accuracy of his evidence. These things ...

You have a very good chance of prevailing in court
Based on what? Nothing in the rest of your post gives any indication of why you believe this.


Now when he asked why you ran that light and you answered 'just stupidity', you prove the offence of fail to stop at an amber light.
How so?


But do not worry, they can not legally change the ...

If you or your witnesses do not plan to attend at your trial, it would be useless to hire a representative.

Not at all. The purpose of hiring a licenced representative to take the issue to trial is to ensure that the crown can prove their case beyond a reasonable doubt, not to "get the person off". The representative can ensure the crown does ...

You're missing the point of the way that police allow people to exercise their right to retain and instruct counsel. It's not about providing them with the best way to access counsel, it's about providing them with a sufficient way to do so without negatively affecting their investigation.

They don't just give people a phone and tell them to call ...

The heat and air conditioning doesn't affect the moving radar, which I'm assuming is what was used to capture your speed if the cruiser was moving in the opposite direction.

Check out the articles on www.ontarioticket.com and this forum for how to fight your ticket and request disclosure, then post here if you still have any questions.