Search found 358 matches

Did you say you'd be willing to plead guilty to 49 over?

It's still worth asking for the trial. You still have the right to make a full answer and defence and to receive full disclosure of the evidence, including any evidence that may work in your favour. Before the trial begins, you can still try to negotiate a deal. But it's probably a good idea ...

Demerit points do not appear until a conviction is entered, but I believe they are retroactive to the date of the offence. Regardless, with most insurance companies, demerit points are irrelevant. Most traffic offences are considered minor offences for insurance purposes (stunt driving and careless driving are notable exceptions). Your (alleged ...

What you're going to want to look for in the disclosure is whether the officer has described your phone. If not, you could consider rolling the dice at trial to see if he's able to describe it without having made notes.

According to some posts here, the officer has to be able to describe the phone to obtain a conviction. There are many devices ...

A win's a win! Congratulations.

Have you followed up on the disclosure request?

If not, you will likely get an adjournment. The prosecutor may bring the disclosure to the trial and may ask that the trial proceed. You say that you cannot proceed as you need time to review the disclosure so you can make a full answer and defence. The other possibility is that the prosecutor never ...

I found it on Google Maps. You were definitely on the wrong side of the road.

Unless something happens with disclosure (e.g., it's not provided to you despite several requests), this is going to be tough to beat. Perhaps you could convince the prosecutor to amend the charge to Green light - fail to proceed as directed under Subsection 144(12) of ...

Where did this occur? What lane markings were there? You say you were in the wrong lane for the length of your truck; that means you are admitting you were driving the wrong way.

In any event, do not request disclosure until you receive your trial date.

The question of speed will likely come down to he-said-he-said. If you want to fight the ticket, request a trial and, when you receive your trial date, request disclosure. That way, you'll see what the officer's notes say.

Sending you to Guelph is not a fatal error. The court of jurisdiction for an offence under the Provincial Offences Act can be ...

If he wasn't in a space designated for handicapped parking, he may have a case. The presence of the permit would be irrelevant.

I was in a similar situation 13 years ago, except I was the "other guy." The light had just turned yellow and I was too close to stop. I was going 55 in a 50 and was, maybe, five metres short of the intersection. The guy started his turn anyway and I T-boned him. He confirmed to the police officer who arrived that the light had been yellow when I ...

The charge would only be amended if you plead not guilty. If you plead guilty, it will remain at 41 km/h over. Don't count on the speed being reduced further. If anything, a sympathetic JP could reduce the amount of the fine (if, for example, you can demonstrate financial hardship) or, more likely, give you additional time to pay.

The standard ...

If the Prosecutor does not have the disclosure next week, he or she may be willing to withdraw the charge. However, as bend notes, there hasn't been much time for disclosure to be prepared, so anticipate an adjournment.

You may want to ask that the adjournment be noted as attributable to the Prosecution so that the delay does not count against you ...

Don't you hate it when that happens? You have a wonderful defence planned and you don't even get to use it? Of course, winning by default is always easier. Congratulations.

Wow! At least it all worked out well for you.

I've seen police officers in the parking lot and driveway. On the upside, I think most people are prudent through there. That's a good thing, given what New Westminster is like between Centre and Clark during the day, especially the beginning and end of the school day.

I know the situation outside St. E quite well, as I live only a couple of minutes away. New Westminster is incredibly poorly marked here, and has been since the lights were added a few years ago. When I approach the light, particularly when driving southbound past the Promenade, I simply assume that everyone around me has the potential to do ...

My friend says he saw the readout on the officer's LIDAR that clearly showed a speed of 82. He has no plans to dispute that. He'll use either photos or a video that shows the Maximum 80 Begins sign. I believe he has the option of Early Resolution and will probably use that to show the error in limit. As Argyll suggested, he hopes the Prosecutor ...

Asking for a friend...

When a police officer writes a speeding ticket, is the limit an integral part of the charge? In other words, is the charge simply driving "x" km/h or is it "x" km/h in a "y" km/h zone?

A friend was driving on a road whose limit changes several times. He was, by his account, driving 82 in an 80 zone. An officer pulled him ...

argyll wrote:That is one heck of a long amber light.

I know the area well. Highway 7 does have long ambers. The limit through the portion shown in the video is 70 and 80, but people tend to drive faster than that.

The only hope I see for you here is that the police were not there to witness what happened. Police obviously have relied, and will continue to rely, on the witness's statement. Depending on the witness's strength, a good lawyer or paralegal should be able to cross-examine him "successfully." If you're already noticing inconsistencies, a good ...

Call it a win. That was pretty much the best you were going to do.

Check his notes when you receive disclosure. If his notes refer to radar, you may have an angle. "Why do the notes refer to radar, Officer, when your testimony is you used laser?" See if there are entries for testing the laser.

Laser readings no longer have to be tested against a radar. That was from the early days of laser when courts had not yet ...

"555-00" and "555/2000" both mean By-Law Number 555, enacted in 2000.

They mean the same thing. The absence of the first two digits won't change anything.

I'm not sure whether the Notice of Trial indicates whether there will be an interpreter. The prosecutor, however, will have a record of your request. If, for whatever reason, your request has fallen through the cracks or an interpreter is not available, you will likely be offered an adjournment. The prosecutor will try to get the new date within ...

1) the ticket was given for turning from steels onto Hilda, which means that once the turn was complete the ticket was given to me in the city of Toronto, but the officer was a York Regional Police and the court is the York regional court. (do I have a right for the trial to be in the same jurisdiction as the offence? also if the offence is ...

You're right; it still doesn't explain why the officer would testify that there were signs. If you really want to pursue that angle, you have the right to request an investigation. It won't change your verdict.

Hey Decatur,

That's what I figure and my contention - "at" and "immediately" will be interpreted based on conditions at the time.

Quick question to anyone who can respond - I don't have a phone number and I don't believe one is necessary for a disclosure request. Is this correct?

eg: do I need to provide a phone number in my POA disclosure ...

I originally was charged with careless driving That's probably why you were offered Disobey Lane Light. From what several people have posted here, Careless Driving can be difficult to prove, especially in a case like this. Yes, one is required to be extremely cautious when making a left turn, but it's almost impossible to predict that someone ...

1. What is the official charging document......the Certificate of Offense (ticket issued by the officer) OR the Notice of Trial. In my case, the charges listed are different on each document. The official charging document is the Certificate of Offence (your copy is the Offence Notice). If the charges shown are different, that means the officer ...