Ontario Highway Traffic Act

London v. Young deals with part 1 proceedings (certificate of offence). Part 3 process does not have default conviction in place. If you choose not to appear as required in the summons, Justice of the Peace may issue a warrant to force you come to court (rarely happens) or may set a trial date in your absence (ex-parte hearing). In order to secure ...

When did you get charged? Are you the owner of that motor vehicle?

You are absolutely right s. 128 does not provide for seizure of the vehicle. The question is: What is the remedy?. You certainly have civil claim for incurred costs and seizure of your car but Charter motion may not be of much help in POA court. You have a tough mountain to climb.

It would be helpfull to bring disclosure documents with you. Crown should have initial disclosure available on your set date (first appearance).

Since the officer reduced the speed at the side of the road it will be difficult to obtain further reduction in court. Your record does not help in this situation.

Toronto courts are pretty backlogged. There is a good chance you case will be delayed. 12 month delay is a "guideline" only. You may have a valid 11b argument even if the delay is less than 12 month.

As you filed your Notice of intention to appear for trial, the clerk will have to process this request and set a trial date. It usualy takes a while. As soon as the trial date is set you will be mailed a "Notice of Trial" advising you of the date and time for your trial.

Just to add to the comment re: postponing a first attendance date. Provincial Offences Act nor Highway Traffic Act provide for first attendance in the first place. Meetings with prosecutors is a local practice of the particular jurisdiction.

In most first attendance practices prosecution is not in the position to discuss resolution (unless they ...

You can enter a guilty plea at any time. If you decide to appear at your trial date and plea guilty to the ticket "as is" it is open to you. At that point prosecution or Justice of the Peace cannot interfere or disallow your intention to plead guilty.

Prosecution may ask for the speed to be amended only if you shoose to conduct a trial.

Speeding tickets are considered an absolute liability offences. What it means is that if prosecution proves that you exceeded speed limit, it is not open to the defendant to exonerate him/herself by explaining yes, I was speeding because.......
A defence of nesessity is still applicable to speeding offences and is a difficult task. In most speeding ...

When charges get withdrawn as officer has "no evidence" it usually means that police officer did not have sufficent evidence for the prosecutor to proceed with your matter.

An example: officer did not make any notes re: the offence and does not recall important particulars.

Squishy posted a perfect example of how our system works.

Red Light fail to Stop offences deal with the motorists "entering" intersection on red light without stopping. According to the given scenario, the vehicle has entered the intersection properly and was not required to stop at that time as the light was green.

Yes, this ticket does not go ...