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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 ...

My data demonstrate that I did not speed and I am 110 percent sure I did not speed at the time when the police officer gave me the ticket. I never speed and will not speed at all.
No, your data doesn't demonstrate that. You don't know you maximum speed, just your average speed. Even by your own calculations you were going 2 km/hr over the limit ...

I'd agree with you that Fail to Yield section does not read like it applies to parked vehicles or fixed objects. Careless driving would probably have been more appropriate in the circumstances, but it's a pretty extreme charge for what sounds like a relatively minor collision. It probably wouldn't hurt meeting with the prosecutor and see what they ...

I don't even see how demonstrating your average speed provides any type of defence. Your average speed, by definition, would consist of speeds higher and lower than the average itself. You could have been easily speeding when the officer observed you, yet still maintained an average speed close to limit. To disprove the speeding allegation, you ...

I'm not aware of any appeal process for licence testing. I suppose if you had failed due to an error on the part of the tester (i.e. saying you can't go through a green light) they may allow a retest, but it doesn't sound like that was the case. I agree that the combination green arrow/red light is not a law that many people are familiar with and ...

What reason did he give the JP for withdrawing the charges?

Can I play my card that she gave me a fine on improper/expired documentation? This is my first speeding ticket. I see no other way to fight this since I don't have a black box recorder in my car...
It's irrelevant unless identity is somehow an issue. Quite often people get stopped who either forgot their licence or don't have one, yet a ticket ...

There is no community service/driving school option for tickets in Ontario. Your choices are to either plead guilty or takes your chances at trial. You can also try and work out a deal with the Crown, but the fact that your speeding ticket has already been reduced by 15 over makes it unlikely. The fact that you were going to your grandfather's ...

As you've said, an act is passed by the government. The two big acts we deal with around here are the Highway Traffic Act and Compulsory Automobile Insurance Act. Regulations are created for the the various acts, to provide more detail and clarity. So the HTA would likely say you must wear a seatbelt, and the related regulation would explain what ...

Option 2 allows you to plead guilty only. The JP may give you a reduced fine, but you would still have the conviction. I would select option 3 and request a trial. You do NOT actually need to proceed all the ways to trial. Simply request a meeting with the Crown (called a first attendance meeting) and explain the situation. If you were planning on ...

When my court date approaches, my working theory right now is that I'll claim I was unable to properly prepare my defence as I was uncertain what I was actually charged with.

That defence won't work since the notice of trial isn't considered an official charging document. The ticket, or certificate of offence, is the official document that lists ...

Get your licence updated right away and gather whatever documentation you can showing the date and results of your laser surgery. Just request a pre trial meeting with the Crown and bring all the documentation and explain the situation. I think you have a very good chance of having the charge withdrawn before even going to trial. The fact that you ...

In Ontario red light camera tickets do not show up on your driving abstract (history) and don't affect your insurance rating. Unless it's different in Saskatchewan, I think you can honestly answer that question with a "no", since you weren't charged as the driver, but as the vehicle owner.

Thanks for the update, it's nice to see what actually comes of certain charges.

Seems like a relatively fair deal for your son. It's certainly an expensive lesson, but a manageable one that he hopefully learns and moves on from.

Beware these paralegals.... make sure you know your options with them before you pay them! They will plead you down and not even let you know if you could have won or lost!
My experience is that most paralegals are pretty clear up front about your options and what type of resolution they recommend. They will also consult with you in regards to ...

Here is the main question: The OPP "seized" his car after and held it for a week. According to some documents we already have from the OPP, they obtained a search warrant to do "a mechanical inspection" of his car. Should he not have received a copy of the search warrant BEFORE the search?? Has anyone ever had this done to them after an accident ...