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If the officer was under the false belief that a yellow sign was the limit, you probably won't have to go to trial. I'd request a first attendance meeting with the Crown and review the case with them. If they see the ticket was given in error and there's no reasonable prospect of conviction, they should just drop the charge. As you said, those ...

mow319 wrote: Does this mean that the notice has not been given to prosecutor or given to the Provincial Offences Officer? Any advice is highly appreciated.

If you're thinking that it means the police/prosecutor won't be aware of your trial, that's not the case.

I believe you would be completely at fault under both the Highway Traffic act and Insurance fault determination rules. Since you were at a stop sign, you have to yield right of way to traffic on the through highway. Although you believed the two vehicles waiting to turn left were giving you right of way, you're still responsible for making sure ...

I'm not quite sure about your insurance but most US states have a reciprocal agreement with Ontario to share traffic convictions and reflect them on your licence.
Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana ...

or just plead stupid and guilty??

Even if you don't bother with legal representation, at least try talking with the Crown about a deal before you just plead guilty. They'll probably offer to reduce or drop at least one charge in exchange for a guilty plea. On a first offence I have seen drive suspend dropped to drive no licence, which is a much ...

No, it's the same charge regardless of the reason for the suspension.

The fine for driving under suspension on your first offence is $1,000 to $5,000 and on a subsequent offence $2,000 to $5,000. There is also the possibility of up to six month jail time, but that's not common until a third or fourth offence.

You can argue you didn't receive a notice of the suspension, but if you didn't pay your fines there's an ...

There are a few sections in the HTA where the owner can be charged instead of the driver. The obvious ones are photo radar and red light cameras, where the owner is always charged. Don't have my HTA handy, but the other sections I can think of off the top of my head are permitting the use of an incorrect plate, val tag, etc.

There used to be quite ...

Another fun fact if you decide to drink in a car, it gives the police full authority to search you, your vehicle and any other occupants thanks to the liquor license act. So make sure you get rid of any illegal drugs, weapons, dead bodies, etc. before cracking a cold one open.

It must be all this confusion over jurisdictions that lead to so many police chases. The bad guys must be under the mistaken impression that once they reach the city limits the poor municipal police have to pull over and stop. :D

Seriously though, even if you get stopped on a Federal Highway here in Ontario for speeding, you're still being ...

he wants to bump it to 185. Can they do this? I thought they were both set fines.

Yes. Set fines are for regular (Part I) tickets. Since you've received a Part III Summons, the prosecutor can seek a different fine. By the same token you or your representation can ask for a reduced fine. The JP makes the ulimate decision as to the fine. I wouldn ...

what is the change I have for not pleading guilty, I am deducted 6 points and am a G2 driver. Should I hire a para legal for my case?
Will it affect my friend's insurance because I was driving his car and I dont have an insurance. His insurance is valid.
What kind of evidences I should bring to the court?
Will the guy hit us liable if the first ...

Is D2 within his rights to contact RCMP and request some sort of investigation

No. If there was an issue with the investigation, it should be brought to the attention of the investigating agency.

FYI, there is no obligation to attend the actual crash location. Unless there was some extenuating circumstance that has to be seen, most officers are ...

It's difficult to say what fines the at fault driver will face. Depending on the exact circumstances, the officer could lay one of many charges, if any. Common charges for rear end collisions are follow to close, fail to turn out to avoid collision or even careless. Typical fines range from $110-$325.

FYI, police can tell when a plate was renewed ...

The high fine should tell you it's not meant to be a money grab, it's a serious offence. The law has been well publicized for a few years now, so a warning should not be expected. An emergency vehicle on the side of the road means you need to pull over to the next lane if safe to do so. If not, you need to reduce you speed while you pass.

If you ...

The fact that you didn't get stopped at the time means it's very unlikely you'll ever be charged for speeding. As Simon states, there is no such thing as photo radar in moving cruisers. In fact photo radar is no longer in use in Ontario anywhere. You're lucky you weren't stopped since you'd probably have your car impounded, licence suspended and ...

At trial you could try and argue that the officer said you were going 27 over, not 37 over. It may cause some doubt about his testimony, but neither speed conflicts with the actual amount on the ticket. I think it would be a long shot to win with that argument at trial. Also be aware if you go to trial the Crown could raise the speed back to the ...

hwybear wrote:Temperature is not the "outdoor" temperature either for using the device.
I have yet to experience cold or heat of -30 +60 inside the cruiser.
And sure am not sticking my self outside in either of those temps either.

If you're cold, wet or hungry, you're doing something wrong.

I can confirm locally (central south Ontario) that officers are trained on lidar use in general, not model specific. Pretty much the same deal with radar, only exception being moving radar requires additional training. Like everything else with the HTA though, it wouldn't surprise me if each police service and each jurisdiction treats things ...

Your may be able to raise some doubt, but short of going to trial it's impossible to say if it will be enough. It will all be dependent on the strength of the officer's testimony as well as yours if you choose to testify. For what it's worth, when I look at the intersection with Google Street view, I can clearly see the color of the lights for NB ...

I did not receive complete disclosure; I asked for a copy of the ticket, and for a notice of the offence. Is this worthy of a stay/adjournment argument? I'm not sure if failing to receive a copy of the ticket would be prejudicial to your defence unless there are additional notes recorded on the back of it. Usually officers record their notes ...

That really doesn't sound like a defence so much as an admission of guilt with an explanation as to why. Maybe someone with more experience can advise you if that will fly in court as a defence. If not, you're probably better off trying to work out a deal with the prosecutor or simply request to plead guilty with an explanation in hopes the J.P ...

1) Officers are suppose to be there in uniform or they can be in court in normal dress.
If the case falls on a day when they're working, they would likely be in uniform. If the case was on one of their days off, they can wear proper court attire (something like a suit and tie).

Do they have to stay in court room and can be out somewhere.
They ...

RO could simply mean something else, but even if the officer was wrong I doubt it would throw his entire evidence into doubt.

As for the temperature range, that's to prevent damage to the instrument (mainly the battery), it should have no effect on accuracy. And if the true outdoor temperature was within range, I don't see what benefit there would ...

Yes, option 3 would be a plea of not guilty. You can always change your plea to guilty later at a later time though, you don't have to go to trial. When you pick option 3, you can either request or will be offered what's called a first attendance meeting. This is an opportunity to sit down with the Crown and see if you can work out any kind of deal ...

if in court they can change the charge to that of an "improper stop" why couldn't the cop have issued that ticket instead of "running a red"?

Technically you didn't commit that offence based on the officers observations and he knows if you went to trial you'd get off since it's the wrong offence. Since however you're agreeing to plead guilty ...

Try the search function or look through posts under speeding.

How far along had you actually driven in the lane and how close were you to the intersection when you changed lanes? I'm not sure how the section actually reads, but in my mind you only would have committed the offence if you had carried straight through the intersection from the right turn lane.

As for option 2, the Justice of the Peace will ...

I agree with Simon. While I can appreciate that the driveway may not be easiest to back out of, that in my mind simply creates an even higher onus for diligence on the part of the at fault driver. Reading between the lines, the defence you're presenting seems to be more that the other driver acted in an unexpected manner, not that the accident ...

How come you're not interested in the plea deal? I'm not sure about Alberta insurance, but in Ontario most offences get ranked as minor, major or serious. Minor offences (which even 40 over probably falls under) typically have no rate hikes for first time offences, and 5-15% hikes on each additional conviction. Drive suspend on the other hand is ...