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Unfortunately, in accordance with section 16(4) of R.R.O. 1990, Reg. 668: Fault Determination Rules, your daughter would be 100% at fault (where your daughter is automobile "A" and the other driver is automobile "B"):
16.(4) If automobile "A" is leaving a parking space and fails to yield the right of way to automobile "B" on a feeder lane or a ...

You can submit a disclosure request to the prosecutor's office at the courthouse that you filed your ticket.

If the court was just relying on the officer's testimony, this approach may work.

But you mentioned that there is a DVD. If this is shown in court, this will still clearly show you committing the offence despite casting doubt on the officer's testimony.

I would still try the approach mentioned by Zatota.

But I would look further. For example, I ...

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You should note that adjournments may try to be rescheduled based on the officer's schedule. So it may not work to ask for an adjournment and hope that the officer will not show up again.

I would think that the officer would need a warrant to seize the dashcam (or to look through the data), unless you voluntarily give it to them.

I'm not entirely sure, but I think if they charge you with a criminal offence (i.e. dangerous driving, impaired driving) and arrest/detain you, then I believe that they can search and seize items in your ...

You can refer to the case that I referenced in my post (http://www.trafficticketfighters.ca/wp- ... -phone.pdf) to see that it is possible to cast doubt on whether or not it is a phone even with clear evidence from the officer saying that it is a cell phone.

Based on the information that you provided, I believe that you were charged with going 20km/h over the speed limit (100km/h in 80km/h) which carries 3 demerit points with it. Be aware that $95 is the set fine ($75 + $5 court fees + $15 victim surcharge). This amount will increase if you are convicted at trial based on a formula set in section 128 ...

I'm going to quote what I said on a similar post for driving with handheld device:

Although it may be difficult to successfully dispute this ticket, the prosecution still needs to prove the essential elements of the offence which is usually done by the officer's testimony. In cross-examination, it is possible to bring one or more of these ...

If you had a ticket with Option 2: Early Resolution Meeting with Prosecutor, then that's how you would get a meeting to discuss the possible resolution of your matter.

If this was not an option on your ticket, then early resolution may not be available in your area. Alternatively, in some areas, you request an early resolution meeting after ...

The ticket is still valid.

There is no error in simply saying "Highway 401".

Even if it were to be considered an error, it is insignificant and it would not affect your ability to prepare a defence. It is still clear where the offence allegedly took place and the jurisdiction.

OTD Legal wrote:A quashed or withdrawn offence can still be reserved within the appropriate period of reservice.

Yes, you can be served again with a summons up to 6 months after the date of the offence, which is the limitation period provided by the Provincial Offences Act.

In the past, I've just sent in a letter (by mail or fax) to the courthouse - something along the lines of what I attached below.

Dismissed:
A justice can dismiss a charge if:
- the prosecution does not appear at trial
- the prosecution offers no evidence or insufficient evidence at trial
- the defendant is found not guilty at trial

Withdrawn ...

Yes, you can request a transcript of the hearing. The transcript will likely be short and not cost very much money.

Alternatively, you can request for a "minute" from the court in accordance with section 62 of the Provincial Offences Act :
" Minute of conviction
62. Where a court convicts a defendant or dismisses a charge, a minute of the ...

Ignore my previous post. The section of the Highway Traffic Act would not apply in this situation.

It just seems to be a poorly constructed "intersection" within a parking lot. The side with no stop sign is just a parking row, so it is implied that the drivers coming from that direction should yield, similar to how there is no stop sign at every ...

Here's the specific section from the Highway Traffic Act :

" Right of way on entering highway from private road
139. (1) Every driver or street car operator entering a highway from a private road or driveway shall yield the right of way to all traffic approaching on the highway so closely that to enter would constitute an immediate hazard."

There's not much lower you can go from 10km/h over the speed limit with a $40 fine and 0 demerit points.

Sometimes, for speeding tickets with higher rates of speed over the speed limit, when there are larger fines and more demerit points, an option would be to plead down to "disobey sign" which has 2 demerit points and the fine can go as low as ...

Even if it was a bus stop with a bus bay, buses are required to wait if your car is too close to the bus for you to yield right of way:
"142.1 (3) No driver of a bus shall re-enter the lane of traffic adjacent to a bus bay and move into the path of a vehicle or street car if the vehicle or street car is so close that it is impractical for the ...

You will likely not be able to get a stay. You will likely be given an adjournment if the prosecutor has failed to provide you with disclosure. The adjournment will give the prosecutor time to provide you with the disclosure and for you to review it to formulate a proper defence.

Have you followed up with the prosecutor since your initial ...

In Ontario, the default maximum rate of speed for city streets (50km/h) and country roads (80km/h) does seem to be arbitrarily set. How can the provincial legislature decide which maximum rate of speed is appropriate for every single road in Ontario?

It is only when a municipality enacts a by-law to adjust the maximum rate of speed, this is when ...

Are you in York Region?

If you request for a trial, you can request for disclosure after you receive a Notice of Trial. Some jurisdictions provide you with a form that you can fill out, or you can submit your own detailed request for disclosure.

Despite popular belief, you have the ability to speak with a prosecutor at any time between now and ...

A number of municipalities have established by-laws for "community safety zones", which municipalities are able to do under the Highway Traffic Act. These community safety zones can be used on roads near schools (or other community areas) to help promote safety.

Section 214 (community safety zones) of the Highway Traffic Act generally doubles the ...

According to the Compulsory Automobile Act,
"'automobile insurance' means insurance against liability arising out of bodily injury to or the death of a person or loss of or damage to property caused by a motor vehicle or the use or operation thereof, and which,
(a) insures at least to the limit required by section 251 of the Insurance Act,
(b ...

You can always request a trial and then ask for disclosure to see the case against you.

(Ideally) we live in a society where you are presumed innocent until proven guilty. So let the prosecution prove it.

There is always a chance that the prosecution makes an error or mistake along the way:
- police officer does not submit his copy of the ticket ...

In this case, I would not do anything. I would wait a few weeks and call back to the courthouse to find out what has happened with this ticket.

If the justice of the peace quashed the ticket, that's the end of the story, you're good.

If the justice of the peace did not quash the ticket (or you get a notice of conviction in the mail), I would file ...

Do you mind posting a copy of your ticket and a screenshot of the online ticket system (blank out any personal information)

Officers are allowed to correct minor errors on their copy of the ticket so I think that might be the case here. But I'm not sure if the ticket would still be valid, considering the large variance in the date.

A recent decision by the Court of Appeal has found that minor errors, such as incorrect time or incorrect name, would not cause a defendant to be misled or prejudiced.

However, in this case, I would argue that the significant variance in date would cause you to be misled or prejudiced.

If you request for a trial or choose to pay a fine, you have ...

That was in this decision before the Superior Court, lines 34 and 35:


[34] The position taken by the respondent is that any ruling that results in agents being required to commence an OConnor application every time the testing procedure is sought would impair access to justice and clog up the courts with needless third party record applications ...

I'm currently dealing with the City of Markham for a couple of stop sign tickets (one for a friend and another for a family member).

I made an inquiry on their online web form. They conducted an investigation and replied to me by email. I know that you can face some opposition for bringing up emails in court, so I asked if they had any documents ...

I agree that even if the prosecutor has a copy of the manual in its possession to be viewed upon request, it may not be up-to-date. The York Region Prosecutor's Office said in the court decision that York Regional Police only voluntarily gives them a copy of the manual and it is just assumed that it's the latest one.

But the Court believes that ...