Ontario Highway Traffic Act

If the officer testified and gave the incorrect vehicle colour, it could help somewhat in raising reasonable doubt, but I don't think that one mistake would be enough on its own. I think it would also be somewhat dependent on how off the vehicle color was. If your car is a dark blue and he said black, easily explainable. Florescent orange and he ...

No, you can request disclosure without attending a first attendance meeting. Still, might not hurt to have a meeting and see if the Crown will offer you a plea deal. If the evidence is strong, a plea deal may be in your best interest. If you're adamant about fighting the charge outright a paralegal may be recommended.

diehard wrote:

Radar Identified wrote:Yes, it is like a red light camera ticket. The owner cannot get demerit points if the plate is all that's reported.

And also no conviction, thus no insurance hikes... right?

Correct.

The answer is because most officers (at least in my experience) don't know how to properly inspect a bike's muffler to determine if it is improper and they need to do something more than just say it was loud in order to get a conviction for improper muffler.

Agreed. I'd also throw in that for many officers, enforcement time can be limited, so ...

Is it just me or on almost all your comments you are in favor of the police, to just plead guilty..
My responses are based on my own experiences and observations, and what I believe to be the most likely outcome in Court. I think if you read through my other posts you'll see I very rarely recommend people simply plead guilty to any and every ...

Signs are covered under the Highway Traffic Act, Regulation 615

Link: http://www.canlii.org/en/on/laws/regu/rro-1990-reg-615/latest/rro-1990-reg-615.html

The KM/H tabs on speed limit signs are optional, and they're still valid without it. Also, to the best of my understanding, there is no requirement to give advance notice of a speed limit change ...

If the fine is the main issue, you may be better off pleading guilty with an explanation or seeking a plea deal with the Crown. For your charge, I would imagine a JP would be willing to offer you a reduced fine with time to pay if you articulate your financial situation. Your offence was brief, did not put other motorists at danger and no accident ...

Ok, fair enough, what should be my actions then? Ask for a first attendance and see if they drop a demerit or 2 and a decrease in the fine? Is it worth $400 to hire a traffic ticket specialist for this? Thanks

That's really hard to say. It depends how much of an impact the conviction would actually have on you. Certain serious charges like ...

There is no obligation for the police to stop anyone and you can't use the fact that other people were speeding as a defence. The fact that you were going significantly faster than the other vehicles probably explains why they chose to stop you.

If you don't think you deserve the full fine you can try and plead guilty with an explanation and see if the Justice of the Peace agrees.

I personally disagree. If they felt it was safe for you to simply slow down they would have put up a yield sign. Stop means stop and you either did or you didn't.

Can you explain this ABSOLUTE LIABILITY more? A simplified explanation for absolute liability offences is that you can't defend the act itself in Court. In other words it doesn't matter why you were speeding, just that you were.


Is there no argument you can make? Is there a good way to attack the officers credibility? Is there a way to ask ...

The Ontario Highway Law also says the speeding ticket range is 16km to 29km, since the officer told me that the 2 cars a head of me were going 58 that's 2 kms over what the legal amount to get a ticket, is this information good enough to possibly have a good case?

I'm not sure I follow what you're saying. You can get a speeding ticket for simply ...

It's probably not illegal, but it really depends. Simon wrote a really good post on this very topic on his blog: http://simonborys.wordpress.com/2010/12 ... adar-trap/

I don't see how the Crown's actions are prejudicial. If there wasn't enough time to hear your motion, then that's just the reality of how backlogged our Court system is. I'm assuming the JP would have had to grant the request and you were likely given the opportunity to speak to the request. How does this prevent you from having a fair trial? All ...

If your ticket wasn't already reduced, there is a very good chance the Crown will offer you a plea deal to 15 over. Quite likely you'd have an opportunity to review disclosure before having to accept a plea deal, assuming the Crown even has disclosure on your first attendance date.

There isn't much you can fight speeding tickets on since they're ...