Search found 358 matches

by Zatota
Thu Oct 26, 2017 9:06 am
Forum: Hand-held devices
Topic: Prosecutor Appointment Tomorrow
Replies: 1
Views: 2128

Re: Prosecutor Appointment Tomorrow

I totally get what you want to do. I'd probably do the same thing if I were in your situation.

When you get to the Court today, the prosecutor may have the disclosure for you. If so, he or she will give it to you. The prosecutor will probably also offer you a deal. You can ask for a little time to review the disclosure, in which case the ...
by Zatota
Tue Oct 24, 2017 11:04 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure To Stop. Wrong Disclosure.
Replies: 1
Views: 2781

Re: Failure To Stop. Wrong Disclosure.

The Prosecutor will have a copy of what was sent to you. Since the information doesn't pertain to you, you haven't received disclosure.

You should be able to make a case for dismissal now. At 17 months and no disclosure despite an adjournment to provide it to you, you should be fine.
by Zatota
Mon Oct 23, 2017 10:13 pm
Forum: General Talk
Topic: No Insurance Card Ticket
Replies: 9
Views: 3942

Re: No Insurance Card Ticket

I had a case a couple of months ago where I followed up three times and had a call a week before the trial saying the officer still hadn't provided the Prosecutor's Office with disclosure. When I arrived in court, the Prosecutor said it still hadn't been received and she would be withdrawing the charge. I guess it depends on the prosecutor.
by Zatota
Mon Oct 23, 2017 1:56 pm
Forum: General Talk
Topic: No Insurance Card Ticket
Replies: 9
Views: 3942

Re: No Insurance Card Ticket

They may count.

When you arrive, the prosecutor will probably be sitting at a desk outside the courtroom or at the front of the courtroom. He or she will ask each defendant what he or she wants to do, may offer deals, etc. At that point, you would say that you are asking that the matter be withdrawn for failure to provide disclosure.
by Zatota
Mon Oct 23, 2017 11:25 am
Forum: Failing to obey signs
Topic: Disobey Traffic sign under HTA 182 (2)
Replies: 1
Views: 4482

Re: Disobey Traffic sign under HTA 182 (2)

The simple fact is you made the turn. You can't "unmake" it. You're lucky the officer didn't charge you with careless driving for reversing while there were people behind you and turning in reverse back onto Scarborough Golf Club Road.
by Zatota
Sat Oct 21, 2017 4:54 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 136km/h in a 100km/hr, possible win?
Replies: 6
Views: 3082

Re: 136km/h in a 100km/hr, possible win?

The officer may have had both devices in the car with him. He's likely been trained on both, but his training and certification can be raised during cross examination. You can certainly ask during the trial, if there is one, why he carried both devices

His notes may indicate which device he used. If not, he'll mention it at trial. Again, you may ...
by Zatota
Tue Oct 10, 2017 1:27 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: "29" over
Replies: 7
Views: 4587

Re: "29" over

The set fine is established by the Courts as the fine payable for a voluntary guilty plea. If a driver is convicted at trial, the JP can impose the set fine or the fine prescribed in the HTA. It's basically an incentive to plead guilty and save the system time and money.
by Zatota
Tue Oct 10, 2017 1:15 pm
Forum: General Talk
Topic: No Insurance Card Ticket
Replies: 9
Views: 3942

Re: No Insurance Card Ticket

If you have proof you sent them (e.g., a fax confirmation), you should ask for dismissal.
by Zatota
Thu Oct 05, 2017 11:45 pm
Forum: General Talk
Topic: No Insurance Card Ticket
Replies: 9
Views: 3942

Re: No Insurance Card Ticket

If there are no fatal errors, you won't have it dismissed unless you or someone acting for you is there.

Has the Prosecutors office replied to your disclosure requests? If so, you know they've been received. You may succeed at having the prosecutor withdraw the charge on the basis of non-disclosure, but someone has to be there to request that ...
by Zatota
Fri Sep 29, 2017 3:25 pm
Forum: General Talk
Topic: Driving to States - NY
Replies: 5
Views: 2433

Re: Driving to States - NY

Be careful on the New York State Thruway (I-90) if you're using it. There are frequent weekend blitzes by State Troopers, when they show almost Zero Tolerance. If I remember correctly, the speed limit on the Thruway is 65 mph (about 105 km/h). When you're driving eastbound from Buffalo to Rochester, watch for police with "customers" on the other ...
by Zatota
Thu Sep 28, 2017 10:55 am
Forum: General Talk
Topic: Section 78 Paragraph (1) - What are the limits?
Replies: 1
Views: 2784

Re: Section 78 Paragraph (1) - What are the limits?

There's a Saskatchewan case from 2012, R v McNally (https://www.canlii.org/en/sk/skpc/doc/2012/2012skpc58/2012skpc58.html) in which the driver had a "glowing screen" on the passenger seat. The officer charged him under the Traffic Safety Act. At trial, the judge ruled that the driver was paying more attention to the screen than to his driving. I ...
by Zatota
Wed Sep 27, 2017 1:09 pm
Forum: General Talk
Topic: Drivers abstract destroyed!! paralegal negligence need help
Replies: 1
Views: 1750

Re: Drivers abstract destroyed!! paralegal negligence need h

1. Ultimately, you're responsible for ensuring your matter is dealt with appropriately. If you truly believe your paralegal was negligent, you can complain to the Law Society of Upper Canada, which regulates lawyers and paralegals. The LSUC may decide to investigate.
2. If you admit to the speed, you can't possibly win. An admission of guilt will ...
by Zatota
Mon Sep 25, 2017 1:31 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 131 in a posted 90 and failure to provide Insurance. Reduced
Replies: 13
Views: 6981

Re: 131 in a posted 90 and failure to provide Insurance. Red

It sounds like the officer reduced the speeding to about 15 over (at which speed there are no demerit points). Double check the ticket to see what the reduced speed is.

Request a trial so you can see the officer's notes. If his notes are thorough, you won't win. In fact, as you're probably aware, the speeding charge will be amended to 131 and you ...
by Zatota
Tue Sep 19, 2017 1:57 pm
Forum: Careless Driving
Topic: First ticket Careless Driving Ticket
Replies: 7
Views: 4487

Re: First ticket Careless Driving Ticket

I missed the part about the swerve to the right.
by Zatota
Tue Sep 19, 2017 1:56 pm
Forum: Failing to lower headlamp beams
Topic: failing to use lower beams
Replies: 4
Views: 9176

Re: failing to use lower beams

I can't see this charge ever succeeding, especially when disclosure shows it was a bright day with good visibility.