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Just a heads up, as of July 1, apparently York Region is no longer accepting disclosure requests by fax and must now be sent by email or delivered in person.

@Zatota -

Yes, York Region is heeding the advice of the Ministry of Attorney General (as are other jurisdictions) to make the Provincial Offences court process more 'accessible', 'modern', and 'convenient', including mailing trial requests instead of making people come in person. And now disclosure requests are being facilitated by email instead ...

At early resolution, the prosecutor will probably reduce the fine (i.e. to $60). If you agree to a reduced fine, you can appear before a justice of the peace on the day of your early resolution meeting and plea guilty to the reduced fine.

They cannot lower demerit points, and there is no lesser offence for the charge of disobey sign. The only ...

In this case, don't worry about it and move on.

Things like this happen everyday. It may seem bad to say, but there's really no way of tracing you down or the other car. There are many cars in a parking lot passing by or parking around a vehicle that can cause minor damage, or it could have been the car rubbing against a concrete barrier.

The ...

You do have to make a full and complete stop before making a right turn - are you sure you did that?

These red light camera tickets are hard to fight. But they do not affect your driving record as they are unable to ascertain who the driver was at the time. The only penalty is the fine.

You can go to trial and meet with the prosecutor to have the ...

I think the original poster was saying that the car they were passing - the one that sped up - was the police car.

This would not be considered entrapment. For entrapment to occur, the Supreme Court of Canada has held that: (1) the police officer provides an opportunity for someone to commit an offence; and (2) the police officer convinces someone ...

Here is the recent case about ticket errors: https://www.ontariohighwaytrafficact.com/courts-and-procedure/cops-can-fix-small-errors-tickets-after-issuing-them-t7933.html

In my opinion, an incorrect set fine amount would be considered minor and it is not prejudicial towards the defendant in preparing a full answer and defence to the charge.

With ...

What exactly was your 'emergency'?

Update: The bill was quietly passed this past Tuesday (with the media attention distracted to minimum wage increase to $15/hr).
It is now officially law in Ontario.

If you say, "I was only going 52km/h and then up to 55km/h", you will still be found guilty of speeding.

You can request a trial. Request disclosure. At trial, you can talk to the prosecutor beforehand and ask for the speed to be lowered to at least 15km/h over the speed limit - this will reduce demerit points down to 0 (16-29km/h over the speed ...

Update: I went to the screening review today for my friend's parking ticket. It's basically like a first attendance meeting or an early resolution meeting.

The screening officer looked at the evidence (i.e. photographs) from parking enforcement and showed it to me. This is different from early resolution meetings that I've experienced in the ...

I believe you were charged under section 144(15) of the Highway Traffic Act:
"Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely , otherwise he or she may proceed with caution."

If you go to court and testify:
(1) the speed ...

Thanks for sharing! Do you happen to have any experience going to the next step to a hearing officer?

I'm planning on taking this ticket through the entire system, just to satisfy my curiosity and also so I know what it's like and how to handle this in the future.

But yes, so far, I requested a screening review online yesterday and they replied ...

I'm helping my friend with a "penalty notice" (parking ticket) in one of the growing number of municipalities that has adopted the new administrative monetary penalty system (AMPS) to deal with parking infractions (https://www.ontario.ca/laws/regulation/070333)

I will share what the process is like once this ticket makes it through the system. I ...

Here's the CBC article: http://www.cbc.ca/news/canada/toronto/proposed-bill-would-bring-photo-radar-to-school-zones-but-pcs-call-it-a-cash-grab-1.4087634
Here's the bill before the Provincial Legislature (Bill 65, Safer School Zones Act, 2017): http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=4358

Background:
For those of you ...

I think the dashcam video might be able to help - are you able to upload the video on YouTube or another video-sharing website so that people on this forum can review it and we can share our opinions.

Once you get a Notice of Trial, you can make one disclosure request for both tickets. You just need to include the details of both tickets on the ...

Hmm, that's interesting. In Ontario, our Provincial Offences Act makes no reference to the Criminal Code, except to say that it replaces the summary conviction procedures in the Criminal Code: "The purpose of this Act is to replace the summary conviction procedure for the prosecution of provincial offences, including the provisions adopted by ...

+1

Thanks for sharing jsherk, good to know!

1) Appellate courts are only able to hear questions of law or questions of fact. The purpose of an appeal is not to relitigate the issues from trial. The purpose of an appeal is to point out possible errors that the learned trial justice made in his/her decision. For your case, yes, if you are arguing an error in law, you can bring up statutes or ...

Unfortunately, it doesn't matter if you were holding your phone up to your face and it doesn't matter if you were making a phone call or sending a text. Just the fact that you were holding your phone means that you committed the offence.

"78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless ...

Were you charged under section 154.1 of the Highway Traffic Act (HTA) or a municipal by-law or the National Capital Commission Traffic and Property Regulations (NCCTPR)?

Although those OCJ cases may not be binding, they could be helpful for strengthening arguments for a possible s. 11(b) Charter argument. For example, in R. v. Ramsay, a lot of the arguments brought up here were analyzed in that case. So it's helpful to look at the counterarguments, and try to come up with rebuttals to be even more prepared for an ...

Make sure that you were actually going 129km/h (+49km/h over the speed limit). If the officer reduced it, this means that you are facing a much different scenario. Can you scan your ticket (blank out any personal information). You can also check your ticket on the same line as "Licence Plate" look to the right under "Code" and if the letter "R ...

A lot of cases when the defendant testifies, the justice of the peace or the judge conducts a "W.D. analysis" and it comes from the case law R. v. W.(D), [1991] 1 S.C.R. 742, which states:

First, if you believe the evidence of the accused, obviously you must acquit.

Second, if you do not believe the testimony of the accused but you are left in ...

It's possible that the prosecution will be disclosing the "names and address, occupation and criminal record of the persons providing information". After the Supreme Court decision in R. v. McNeil, 2009 SCC 3, [2009] 1 S.C.R. 66, the prosecution is required to provide the defence with any criminal records or records of misconduct involving the ...

The court (i.e. the justice) has discretion to adjourn the trial to another date, and the court exercised that discretion in your case.

Having said that, your objection to adjourning the trial will help you in the future if you decide to bring an 11b application. It will be shown on court records and transcript that you wanted the trial completed ...

To request disclosure, either of those options would work. Registered mail is a bit expensive though, and going in-person is inconvenient (unless you live near the courthouse). I usually send disclosure requests by fax to the prosecutor - it saves time and money.

Given that your trial date is a month away, it really depends on how much time you ...

whaddyaknow wrote: Ah, yes! "21 and under" does in fact mean the same as "under 22". Knew I was missing something!

whaddyaknow wrote:Maybe I'm missing something, but didn't the O.P. say he's 22? In that case he's not a young driver???

He said he is under 22.

First, I would like to ask where exactly this took place (i.e. name of the road/highway).

In order for the charge to be valid, you need to have been on a King's Highway designated for HOV lanes.
Check this: https://www.ontario.ca/laws/regulation/050620#BK10 and see if the road you were traveling on is listed there.
(HOV lanes are only designated ...