Ontario Highway Traffic Act

The fact that you weren't caught/charged actually driving with a suspended licence probably helps somewhat. Insurance companies won't like the fact that your licence was suspended, but they dislike people who keep driving while suspended even more.

If you think your chances of being found not guilty at trial are slim, see if the Crown will offer you a deal. It's probably too close to your trial date for any kind of first attendance meeting, but you can still talk to the Crown prosecutor on the day of your trial. Quite often if you agree to plead guilty, they will let you do so to a reduced ...

bazan wrote:I go to court on her behalf and reschedule court date (say she gone to an emergency business trip)?

Do NOT do that. Get caught in a lie and you'll be facing a criminal charge and suddenly your wife's ticket is the least of your worries.

Disclosure requests usually take a few weeks at least. At this point you won't receive it prior to your trial. You'll have to make a request to the Crown on the day of your trial and seek an adjournment if you want time to review it.

Have you asked for/received disclosure? The effectiveness of the possible defence arguments you've raised will be dependent on what the evidence against you is. The explanation you've provided for why you were speeding is completely irrelevant in Court. Speeding is an absolute liability offence and changing lanes is not a justification.

If you ...

From my understanding of your post, you've received a summons to Court, not regular tickets with a set fine. A summons is different from a regular ticket in that it's not a charging document with the possibility of an out of court settlement. Because of that, fatal error rules don't apply. You still have one valid summons that compels you to attend ...

I don't follow. You say you were given the ticket in error, but also admit that your lights don't meet the requirements for lamps under the HTA. The HTA states that at night you require two lights at the front that are visible from 150m away and also illuminate 110m of road ahead of you. If your fog lamps can't do that, the ticket is legit. You're ...

Yep, kind of assumed as this is the Ontario HTA forum.

By jurisdiction I mean Court jurisdiction. Procedures, policies and how the law is applied can vary from one Court to the next. Big cities like Toronto tend to have a bigger backlog then smaller Courts that cover rural regions.

officer filled everything correctly except for my *Sex*: can I get out of this ticket by reason of this fact alone? No, it's not a "fatal" error.

If I fight it in court, what are the chances of the cop showing up (by members' experience)? I assume that if the cop doesn't show up, then it gets thrown out of court? Depends on the jurisdiction, but ...

Your reason for speeding is not a legal justification and likely won't garner any sympathy from the Courts. Your best bet is to select option 3 (trial) and request a meeting with the Crown prior to your trial date. Crowns will typically offer you a deal to plead guilty to a reduced speed. The problem with option 2 is that there is no guarantee you ...

Hi, After the adjourned trial, I had a chance to chat with the officer. I asked him - what does he have to support his claim that I was speeding. He pointed to his head and said - "It's all here". So I asked if there is any other evidence, like pictures from the radar, something printed from the radar etc.

Can't answer your main question, but ...

You don't really need much for a basic speeding ticket. All you really need is the officer's notes and usually the manual for whatever speed measuring device was being used. The notes should either have been recorded in the officer's notebook, or possibly on the back of the ticket itself. It's unlikely you'll get the the entire manual, but probably ...

if there are other cars around at night, it is quite easy to create reasonable doubt about which car was speeding.
Not true at all. You'll want to check disclosure and get further details. If it was a major highway, heavy traffic and they observed you from a long distance off, you might have an argument. If it was regular road, light traffic ...

It's completely dependent on how much time and resources you want to invest in the matter, and also how certain you are that you weren't speeding and can prove this to the Courts. Many speeding tickets are won on technicalities, so you can check your ticket for fatal errors. Next step is typically to request disclosure and see what the evidence ...

Court dates vary from one jurisdiction to the next, but many are quite backlogged and it's not uncommon to wait up to a year for trial. As for the incorrect time, it's irrelevant if it's just on the notice, and still wouldn't be considered a "fatal" error even on the ticket itself.

In regards to costs, you could face a slightly higher fine if ...