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oh ok.... i see what you mean.

i dont know what to say... i wasnt speeding. i had my cruise control set at 115 and i know everyone say this but for real i wasnt speeding. i dont know how to prove that though

I suggest you dont mention that you were "speeding" at 115 km/hr. This proves the crowns case as to speeding allegation. Quantum of speed ...

There are lots of defences to this scenario. In fact if other vehicles allowed you to enter the highway you have complied with the section. Immediacy is also a factor at the time of "entering" the highway. You have a good argument. Good luck.

First off thats not a Canadian Manual.

Second since Jan 2010 Police don't have to estimate the speed, just observe a vehicle in excess of speed limit.

Third since Aug 2010 that entire tracking history section is removed from manual.

Fourth, don't be surprised if original 88 in 60 speed is amended in court.



Please do not mislead the ...

I would not attorn the jurisdiction to this one and see if it gets quashed. If not file an appeal. WI Win situation in any event (unless you make a mistake and actually show up for your trial).

With all respect to previous posts - this charge is a WINNER. There will be no trial (unless you make a mistake and ask for one) and you will walk away with clear record and no fine. Wrong set fine! Let it go and File an appeal.
Good luck.

I'd hate to pay for something I didn't do but I fear going to court may be more costly in the long run. I don't feel comfortable using a he said/she said defence. If the investigating officer (nice guy) gave me 3 tickets after hearing my version of events and inspecting my vehicle, I have to think he believes the other guy over me. Wouldn't the ...

Cornwall is not an easy jurisdiction. Try for 15 over in advance of your trial date.

This charge is not "might be beatable" it "is" beatable. As I mentioned in the previous post read legislation.

As to the other items, you may have a good argument. Testing, road test, no entry in notes, etc. That what we do daily and you should be aware that all of your raised issues are not new and were argued many times. Read some case law on point and go for it.

Good luck.

2. Disclosure. I requested disclosure for both tickets on separate forms, one page for each. When they supplied disclosure by email, they included:
Request page for insurance disclosure only
"Copies" of both tickets - more on that later
copies of notes
radar manual
They did not specifically say anywhere that this is also disclosure for the ...

Based on your explanation of the events, this charge should be beaten in court. I would not consider ANY plea. Read the legislation (charging section).

Single motor vehicle collisions have always been interesting. What has to be viewed here is your conduct. Was it reasonable? Would a reasonable and prudent person done the same?

Good trial matter in my opinion.

If your entire defence is based in an attempt to persuade the court that someone (officer) must have necessarily seen what you suggest he had to see - you in trouble.

The officer is likely to testify that he had unobstructed clear view of the intersection, including its stop line and the sign itself. Thats it.

I would suggest to concentrate on ...

That is pretty interesting statement

they said they could get the ticket knocked down to a by law .

I assume there was a collision? In my 10 years of "arguing" trials i would not be able to advise you on availability of the resolution to a By-Law charge unless prosecution really does not have a case (why would you plea then). In most ...

Paying a ticket is never the best option. You are facing a minor offence and should take all available steps to attempt a win. There are number of ways you can win: disclosure, delays, errors, non attendance of officer, etc.

Is there any law that dictates coming to an abrupt stop for small animals is legal/illegal depending upon the context of the situation?

Yes, there is. "Drivers of the vehicles cannot be required to regulate their driving as if in constant fear that other drivers who are under observation, and apparently acting reasonably and properly, may ...

As part of tracking history for this radar set (i assume it is genesis directional) correlation between officer's speedometer and radar reading must be present. I don't see it in your disclosure. That may be your way out.

Officer issued you a summons to appear in court.
Appear in court with "original letter from insurance company" not from broker or insurance card (although bring it with you as well).
Show the letter to prosecutor.
Prosecutor may adjourn (reschedule) your case for several weeks to investigate your document or simply drop the charge on the first ...

I received a notice of suspension on July 14 that my "license may already be suspended" for an overdue fine. I was pulled over the next morning, literally in front of the provincial office where I was about to pay my fine.

I checked, and the notice was dated July 9, less than 7 days prior to when I was pulled over. Was I, in fact, driving with a ...

Please read the legislation you are required to remain or immediately return to the scene of the accident. Sound like you have done it. Careless is a stretch on this one but it depends what you told police at the time. Written statement? Cautioned?

What is a time frame of your case? Unreasonably delayed perhabs? If you intend to argue unreasonable delay, keep in mind that it is time sensitive and documents need to be filed in advance.

Sounds like it was genesis VPD. That is the device mounted in the police cruiser. This device could be used while stationary and in motion as well.

Likely you ...

It is same officers day into day enforcing that intersection. Most of them are pretty good with attendance. Fight or not to fight? Reasonable chances of win? All depends on many factors such as: disclosure, administrative errors, errors on certificate of offence, delay arguments, lack of judicial resources, matters not reached, etc.

Hmm...based on the scenario that you have written here I do not see anything wrong in law for failing to share half roadway. What section you are charged under - 148?

If you were found guilty or pled guilty to another offence your ticket number will not change.

If you are paying online just follow instructions and enter your ticket # as well as Icon code (4 digit number at the top left of ticket) and process the payment.

In most cases you should be able to achieve favorable result on this set.

Red Light Fail to Stop offences is an absolute liability offence. The defence I could not stop does not apply here. It would be applicable on Amber light fail to stop though.

Yes, you may pay more if you loose at trial. The prosecution "may" ask for a higher fine at the conclusion of trial but it is seldom granted. This may depend on injuries, property damage, etc.

Let me guess: you exited on Eglinton but traffic was severely backed-up. You decided to go arround it and made a turn from a lane that was intended for a left turn. Officer was right there at the center lane waiting.....

When you show up in court prosecutor will have larger photographs that will be tendered in evidence. It works both ways. I hope this helps.

Officer will have to serve you personally. If police is unable to locate you personally permission may be obtained to serve you with an adult member of the same household.