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An experienced traffic officer probably would have tested the radar before and after your stop, but they still need to record the fact in their notes. In my experience Courts will not simply accept an officers testimony about testing if its not also in their notes (in short, not in the notes, didnt happen). This may be an oversight and notes ...

Im not aware of any guidelines or charts for the JPs to follow, I believe its purely up to their discretion. Id bring in documentation supporting your income and expenses to help justify your request, especially if youre seeking a very low monthly payment.

Agree with Decatur, seek legal representation. They might be able to find a flaw in the evidence to fight the charges on, or at least be able to reach a plea deal such as pleading to the speeding in exchange for the stunt driving charge being withdrawn.

I think the actual speed reading would have to be recorded somewhere in his notes to prove the offence. That is the norm though for a few east coast provinces; the tickets simply state you were going between X and Y over the limit, not the actual speed.

This forum deals with traffic matters in Ontario, so I'm not sure if anyone will be able to help you.

In Ontario, I don't think the charge would be withdrawn, since it sounds like you received a summons, not a ticket. Errors can be corrected on summons, whereas on regular tickets they can't be amended outside of trial. It may be different in ...

My response wasn't meant to be harsh.

If you simply want more time to pay, your best option would be to select option 2, plead guilty with an explanation. Upon entering your guilty plea, the JP should give you the opportunity to speak to the sentence. That would be your chance to advise the Court of your financial situation. The JP doesn't ...

As stated above, the fact that you weren't aware of the law isn't a defence, even if a dealer misinformed you.

To get a reduced fine, there are two options. First, you could speak with the Crown,and see if they'll offer you a plea deal. Basically in exchange for pleading guilty, they'll recommend a reduced fine. You could also plead guilty with an ...

Demerit points should only stay on your record for two years from the date of the offence, not conviction. You should be at zero points now, but can always confirm this with the MTO.

First, what Province did this occur in? Each has different ways of dealing with Provincial matters.

Second, if you're required to attend Court, it's a summons, not a ticket. I find it hard to believe that even a Prosecutor would be at the Courthouse on a Saturday, but I guess it's possible. I'd contact the police service and confirm the Court date.

I think what Bear is trying to say, you're not quite home free just by showing a car was behind you.

It's a possible defence, but it would take some skillful articulation and questioning.

It used to be 1 year for an 11b, now it's closer to 9 months. See this topic here: http://www.ontariohighwaytrafficact.com/topic3881.html

As for the training certificate, I'd suspect it should have a date on it, but there is no requirement to provide any documentation. Case law has said it's not something required in disclosure, and any concerns ...

You shouldn't need to attend in person. If you fail to attend your trial, the Court assumes you no longer dispute the charge and you're simply convicted in absentia.

I'm not sure an appeal would be granted in your case based on the circumstances. Probably best you consult with a paralegal.

Just be aware, there is no guarantee if you get a new trial that the Crown will offer a plea deal. Also, if the ticket was lowered at the roadside, they could raise the speed back up to the full amount at the new trial.

No, not from my understanding.

Its difficult to state if the E was actually an error code or not, without knowing what type of device was being used, and if it actually was the letter E (many devices display weirdly shaped letters thanks to the limits of the display).

Just so youre aware, many types of radar can determine direction of travel, so the fact that vehicles were ...

Typically for an appeal you need to show an error on the part of the Courts. Based on what you've said you don't have that.

The demerit points will stay on your wife's record for 2 years from the date of the offence (so another 6 months). Can't recall what the limit is for how far back your insurance provider can go, maybe 3-4 years?

Actually, the OP said they photographed his vehicle. Many municipalities now have handheld electronic ticketing machines. They enter the plate into the device, photograph the vehicle and it prints out a ticket. The devices also store when/where the plate was last entered to determine if the vehicle is over the limit.

They cant say with absolute certainty, but that isnt the standard required for Court. They could probably articulate reasonable grounds to believe the vehicle was there for the entire time, based on seeing it in the same location at two separate times. Its unfortunate in your case if that isnt what happened, but I dont see any way to dispute it ...

For a speeding offence the only standard disclosure would be the officer's notes and testing procedure of the speed measuring device.

Youd have to check the actual bylaw section that you were charged under. Im not familiar with Kitcheners, but some city bylaws state not to park or repark within a period of X hours, so they cover vehicles that may leave and return.

If not, you could probably successfully fight the ticket in Court. Of course whether its worth spending a day in ...

1) I think an adjournment would be reasonable since you're just receiving disclosure today. You could certainly request one and explain you wish to retain representation.
2) If you plead guilty to careless, you'll still receive 6 demerit points, that can't be changed. You'll have to see if the Crown is willing to offer you a plea to a lesser ...

As Squishy says, you cant be charged for speeding on private property, but you can still be given a ticket on private property for an offence that occurred on a public roadway.

The only issue I can see with the officer charging you after you return to your vehicle is identity. The officer would need to show in Court that you were the person ...

I don't believe there is any legislation pertaining to the use of a flashing amber beacon on a vehicle, so it's probably legal.

I'm wondering if there's a typo on your trial notification, and they put speeding instead of seatbelt. If you never received a speeding ticket, that's probably the case. Request disclosure and see what the officer's notes say. As for the seatbelt charge, if you were wearing your seatbelt prior to being stopped, you'll need to testify to that in ...

Based on your explanation, I believe the other driver could be found at fault under the Highway Traffic Act and charged with change lane not in safety. He would also be 100% at fault under insurance fault determination rules, assuming it can be show the collision took place in your lane of travel.

Assuming the ticket hasnt already been reduced, chances are very good the Crown will offer you plea deal to a lesser speed. I thinking asking for a reduction to 29 over would be reasonable, it carries one less demerit point and a fine of $138.75. You'd need to get it down to 15 over for no points, but it's extremely unlikely they'd reduce it that ...

diehard wrote:What about an emergency situation, where you call 911. Isn't that an exemption too?

Yes.

1) That deadline simply refers to how long the City has to file a form with the Courts. It's not referring to when you actually received your notice of trial or the date of the trial (which I don't think would ever fall within 75 days).

2) Very unlikely you'd receive it in such a short time frame. You may be able to receive a copy at trial. It's ...

Last I heard, MTO has a five year warranty on issued plates covering manufacturing defects (faded paint, premature rust, etc.). I can't find this listed on their website.

I know they admitted to a problem with the paint they were using for a few years, resulting in all the faded letter plates you see driving around. The Ministry definitely did ...

You're correct, you must pay the total payable. Victim surcharge and court costs are always added to the set fine.