Ontario Highway Traffic Act

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 ...