Ontario Highway Traffic Act

A number of posters have reported that they're insurance rates have gone up simply with a suspension history on their record (and no actual conviction for driving under suspension). The FSCO, who oversee auto insurance in Ontario, don't allow certain types of suspension to count against you (medical comes to mind) but are unclear on others. They do ...

Unfortunately that clause would likely not apply when dealing with bylaw noise limits. Bylaws are separate from the Highway Traffic Act, and therefor could have totally different notification requirements (if any notification is required at all).

4. In request to a copy of both sides of the officer's copy of the ticket (Notice of offense)
The (Affidavit of Service) on the backside is blank (Does that matter?)

Most likely no. The affidavit of service is only needed if you're served the ticket by someone other than the charging officer. For most roadside traffic stops, it's the officer ...

I believe you actually have 15 days to request a Justice of the Peace reopen the matter. The problem is, I'm not sure your reason for missing Court would be deemed acceptable. Typically it would either have to be an error on the Courts part (i.e. they never sent you notice) or some situation beyond your control (i.e. you were in an accident on the ...

If both 4F's aren't accepted, and the officer's at the trial, I'm probably going to argue strict vs absolute offence citing R. v. Locke, 2007 and R. v. Kanda, 2008, and say that the video shows me slowing down, it was my intention to stop and I thought I did momentarily, and no prior convictions showing I have a good driving record.


I'm not ...

Direction of travel would not be listed on the ticket.

Not sure what you mean by verbal accusations, etc.

Thats ridiculous on the officer's part. In my mind that would fall under a principle of law known as the kienapple principle, where you cant be convicted of two offences that arise from basically the same facts.

Request a first attendance meeting with the Crown. I have no doubt theyll withdraw one of the two tickets in exchange for a plea on the ...

The interpretation Ive always seen the Courts take is that the sign is valid as long as it would be visible from 60 meters back. In other words, regardless if you just turned onto the roadway or not, as long the sign would be visible to approaching traffic 60 meters down the road, it meets the requirement. I dont know if there is case law ...

The matter was actually reviewed by the Ontario Appeal Court late last year:

Many provisions of the HTA are by their terms limited to "highways". Other provisions, however, are not so limited. Nothing in the overall structure of the HTA or its purpose compels the reading of the word "highway" into sections in which it does not appear. Section 199 ...

Received my court date in the mail yesterday. I am going to request the disclosure this week. Does anyone know if the officers have some sort of "guidelines". "manual" or "rulebook" outlining procedures for setting up road side stop traps? They must have certain procedures that must be followed, such as distance, view of intersection etc.

Very ...

Actually, the requirement to report accidents applies everywhere, even on private property. Recent case law (R v. Hajivasilis) has clarified this. If the accident results in any injuries and/or $1,000+ damage (vehicles and property included), you must report that accident.

Based on your description of what happened, I think you might have a reasonable defence. The officer certainly could have charged the EMS driver if they were at fault, or simply laid no charge at all.

Id request disclosure, specifically the statements of the EMS driver and any other witnesses. Your main argument will probably be that you made ...

I dont know if theres a particular piece of case law that would really assist you. The fact that you were passing and going downhill isnt a defence. Basically youre just trying to raise reasonable doubt that the officer accurately recorded the speed of your vehicle. You probably were speeding, but youre going to need to argue that they obtained the ...

The Crown has to prove youre guilty beyond a reasonable whereas your goal will be to raise that reasonable doubt.

Typically for cases such as yours the two main points I see argued are whether the officer had grounds to make a demand for your breath and whether the device was calibrated and working correctly and an accurate reading was obtained ...

Its difficult to say what your chances are of being offered a plea deal. Busier jurisdictions are typically more likely to offer deals, but its really dependent on how serious they deem your charge and which Crown reviews you file. Typically if offered, the plea would be to "drive no licence" (the equivalent of driving with an expired licence) with ...