Ontario Highway Traffic Act

Unfortunately even if you exercised due diligence, the offence remains one of absolute liability. Exercising due diligence doesnt make it a strict liability matter, its simply what the Courts/Legislation have determined it to be. All the case law for speeding have shown it to be an absolute liability offence.

You'd have to research case law, but I'm guessing it's not a violation of Section 7 or it would have been repealed ages ago.

There is a slightly higher threshold for charges that may involve incarceration, because unlike regular tickets where if you fail to show you're convicted, there will be a trial held even in your absence prior to any ...

Driving under suspension in Ontario is not an absolute liability offence, but rather a strict liability offence. Therefor that particular argument would not apply.

And just to clarify, an 11b Charter argument is for unreasonable delay going to trial, not for all Charter violations. If driving under suspension was an absolute liability offence ...

Yes, if she can provide relevant evidence towards the offence, then you can call her as a witness. Once she's finished providing evidence for you, the Crown will have the opportunity to cross examine her and ask their questions.

I believe that's simply a reference to the material you're trying to obtain a reading from. I know in surveying, the measuring devices have different ranges depending on if you're trying to obtain a reading from a reflector (the guy holding the reflective sign) versus a non reflective surface (a concrete wall). I'm sure LIDAR is the same, better ...

Some very recent case law regarding cell phones.

The short synopsis is that briefly holding your cell phone is lawful. The accused in this matter was observed with her phone in her hand at a red light. She claimed to have simply just picked it up off the floor.

From the decision: Given the objective is to promote road safety by banning resort to ...

While the driving is idiotic, I salute them for filming the offence and uploading it to the Internet. I wish more people would voluntarily provide inculpatory statements to the police about crimes they've committed.

If so, would this not open the door to a "and NOW I am going to teach you!" reaction when the driver decides to plead not guilty? If this happens within the six months, the officer can then decide to introduce additional charges "from left field"? In the case outlined above, can it really be sufficient that the officer makes a note to the effect ...

Just wondering what the law would be on having your sticker both on your plate and in your registration.
Decatur posted the main section, but the requirement to have it on the permit itself is covered by Regulation 628 (a subsection of the HTA).

Link: http://www.canlii.org/en/on/laws/regu/rro-1990-reg-628/latest/rro-1990-reg-628.html

Section 6 ...

I've never heard of jail time for a first offence. Likelihood of a plea deal is a bit more difficult to say.

If the ticket wasn't reduced at the roadside, chances are quite good the prosecutor will offer you a reduced speed/fine in exchange for a guilty plea.

The big issue for you as a G2 driver is that 34 over carries 4 points, which would result in a 30 day suspension upon conviction. If you can get it reduced to 29 over or less, you'll only have 3 ...

To clarify a little, it's section 33(1) of HTA regulation 340/94, not 33(1) of the actual HTA. Regulations are basically subsections of the HTA that go into more detailed specifics.

http://www.canlii.org/en/on/laws/regu/o ... 40-94.html

Usually if the ticket hasn't already been reduced at the side of the road, the Crown will offer you a reduction.

It might vary from one jurisdiction to the next, but basic disclosure would be ready by the first attendance meeting. The Crown should have at the very least a copy of the officer's notes and any related reports. Without that basic information, they're not really in a position to offer any deals or reductions.

Police have up to six months to lay an additional charge. That being said I`d say it`s extremely rare for them to actually do so. More likely the fact that you were already given a break for speeding means it`s less likely the Crown would offer any type of reduced fine or plea deal for the stop sign offence.