Ontario Highway Traffic Act

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 ...