Ontario Highway Traffic Act

First, what your attempting to do is way, way, way beyond any measure someone should try and go after to defend a speeding ticket. Assuming you have a valid argument, you'd need expert testimony, probably a team of lawyers, and multiple exhibits to show that the prescribed speed limit is set for no reason (disproving safety concerns, road ...

I believe, based on the information here - they're charging you solely based on speed (165 on a 100KM/HR Zone). If that's the case, it's pretty much going to be the same defence as a speeding ticket, independent recollection, test times, calibration, etc. Unfortunately, you were charged by the OPP rather a municipal police officer - the difference ...

I agree with the above, that it shouldn't affect your insurance. It wouldn't make sense for it to affect it simply because it's not something you have the right to dispute, if you're not formally charged, you can't attend a trial and plead your innocence, therefore it would be unconstitutional for it to affect your insurance in any regard.

This is ...

In this particular incident, I will refrain from making any claims. Your set fine appears to be incorrect, and I am aware that people have appealed successfully and had the ticket quashed in their respective situations, however - in reading London v. Young, what stands out to me is:

London (City) v. Young, 2008 ONCA 429
http://canlii.ca/t/1x2n3 ...

There is one avenue that most people on this forum should be taking, and I don't know why they don't... I usually study/attend criminal law trials, and the HTA is held to a significantly lower standard in terms of accountability and fundamental rights than criminal law - so I may be wrong here, I have been in regards to HTA in the past... but ...

Yeah, both of you seem to be right. The article I was looking at seemed to suggest that all cross*walks* would be included, so I got worried for a second. Thankfully, that doesn't seem to be the case.

In regards to crossovers, I thought that was always the law so it doesn't make a difference for me. I didn't know you could pass through those ...

Isn't there a police manual that says they have to estimate speed first, then measure to confirm?

The officer already confirms in his notes that he notices a vehicle traveling at a high rate of speed before using the device. There's no need for him to calculate a specific speed down to the km before using other measures, if that's what you're ...

http://www.nationalpost.com/m/wp/blog.html?b=news.nationalpost.com//news/canada/canadian-politics/1000-tickets-for-distracted-driving-500-for-biking-without-a-light-and-other-laws-to-hit-ontario-streets

Most of them I don't mind, but I find the crosswalk one ridiculous, unless I'm interpreting it wrong. You can't make a right turn until the ...

Step 1.) Request disclosure. Google it and you'll find out the process - you can fax them your request.

After that, see if you have a case, and if you don't, take a deal - they'll 'usually' offer you a deal, if you've never had a prior I'd be surprised if they don't offer you one. It's the luck of the draw really, it depends on how accepting your ...

Yeah, usually when you're caught with a detector/jammer the officers device (usually a laser device) can detect the signal is being jammed and detect that there is a laser jammer and initiate a code. I know this because I requested disclosure of the manual for my speeding trial and it said that a code will display if it detects a jammer.

Truth be ...

So we just came back and the new sitting prosecutor also said that laser devices only need to be tested either before or after. They don't need to be tested twice.

She said that R. v. Sepiashvili [2003] O.J. No. 3996 says that the Justice of Peace can be satisfied with only one test being performed.

I've read the entire decision in full, and ...

Well, there's actually case law suggesting the Court should help an unrepresented defendant understand his legal rights - but generally the main concern with fighting HTA offences are - they are usually under a JP.

That's the biggest concern, a lot of the times the JP has (in my personal experience) less knowledge of the law than you and can ...

Oh wow, my apologies here to you guys. I obviously need to spend a few more years becoming well-versed in the law regarding the HTA. It's contradicting because in criminal law, they cannot stop you without reasonable cause. When charged with an offence, you are in theory being criminally charged (as opposed to civily) - therefore the laws regarding ...

Decatur wrote:Here's the link to the decision. Read it or don't.
http://www.canlii.org/en/ca/scc/doc/199 ... ii108.html
argyle and bend are correct.

Based on what? I just read it and it confirmed everything I was saying. The Supreme Court failed to give police the ability to stop any driver without cause.

To the second part, it is impossible to know if he had his license on him WITHOUT stopping him first. If they weren't legally permitted to stop him, that evidence would NOT be admissible in court, and cannot be used to prosecute him - in other words, there's absolutely no case if you can prove the stop was unlawful in the first place.

The point ...