Ontario Highway Traffic Act

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.