Search found 358 matches

You should get the officer to testify as to what he saw. Then ask him or her to describe the signage and road markings. Bring four copies of Regulation 620/05 (the HOV Regulation made under the HTA): one for the officer, one for the JP, one for the prosecutor and one for you to use. Ask the officer if you were on any of the highways specified in ...

I agree entirely with everything you've said, as do commentators whose opinions I've read. The problem that everyone seems to acknowledge, however, is that the Jordan decision is silent when it comes to matters other than criminal matters. Legal experts seem to agree that it may take another SCC ruling to create a ceiling for non-criminal matters ...

You have to pick up the Notice of Appeal at the courthouse. You may find this guide helpful: http://www.ontariocourts.ca/ocj/files/g ... ppeals.pdf

You may be right. It's a completely different ballgame if the OP shows up having been charged under a provincial act and sees the charge changed to one under a federal act. Perhaps one of our "resident" experts could chime in.

Yes they can.

You're right. I wasn't fully focused when I wrote that. The prosecutor can amend the charge at any time. What I meant to say was that if you do win, the prosecutor withdraws the charge, etc., you cannot subsequently be charged with the correct offence after six months.

If I were in your position, I wouldn't show up for trial. If the JP catches the ...

The charge probably should have been under s.4(1) of the NCCTPR. That subsection requires a driver to drive "in compliance with the laws of the province and the municipality in which the driveway is situated." That wording requires drivers to comply with the Ottawa by-law that governs the 3+ HOV lane on the bridge. HTA s.154.1 only deals with ...

I agree. You've been charged with the wrong offence; you should have been charged under an Ottawa by-law. 3+ HOV lanes are municipal, not provincial, and carry different restrictions and fines.

highwaystar wrote:The court expressly stated that an officer can amend the Certificate of Offence before filing it.

Before, yes, but certainly not after. If I were the OP, I would assume the officer did not amend the CO before filing it. But, then again, we all know what happens when we assume.

Is it possible the officer may have amended his copy and the JP accepted it ? Maybe JP ruled it would prejudice your defence ? Interested to know what happens. I'm not aware of any case law, but, according to my understanding of the POA, that's not an option. If subsection 9(1) or section 9.1 applies, the JP examines the Certificate of Offence ...

Question regarding "format approved by the superintendent". My Insurance slip expired a couple months ago, and I did not receive the updated slips, so I called my insurance company and they emailed me a valid slip, which I printed out. Would this be sufficient enough, or does this technically not count as an approved format? That should be fine ...

Same here.

The trial has been set for July 17. I've requested disclosure; I'll keep you posted.

Bring the permit with you to show it was not expired. The prosecutor should withdraw that charge. As for the video, you'll have to wait until the trial date to see what the prosecutor does. Be prepared for one of the scenarios I described.

You certainly won't get the charges thrown out. Was your permit expired? If not, bring it on the date of the trial and show the prosecutor it had been issued before the day the officer stopped you. The prosecutor should withdraw that charge at that point. As for the right turn charge, it's up to you to show the officer lacks credibility. A JP will ...

Don't be surprised if the prosecution asks for an adjournment. It sounds like the prosecutor knows or senses his case hinges on the video evidence. If I were in your shoes and the prosecutor didn't ask for an adjournment, I'd roll the dice and go for it. I'd ask the officer to describe in detail where he was positioned, how far he was, how he ...

If he's only blocking the left lane, a driver could make the argument that it appeared the officer was only trying to prevent left turns, not all traffic. There's also the wording of subsection 134(3), where it says "intentional disobedience." There appears to be nothing intentional in your actions. Inadvertent, perhaps, but not intentional.

The officer could always correct himself, but here's the scenario:

"Officer, you said I pulled out of _____________________. Is that correct?"
"Yes."
"And I turned left onto _______________. Is that correct?"
"Yes."
"And I proceeded southbound on ________________. Is that correct?"
"Yes."
Show the officer a map, a Google Maps or Street View image ...

To me, it should be a fatal error. It should be obvious it's HTA (which is often abbreviated exactly like that on tickets), but a ticket must specify in sufficient detail the offence that was (alleged to have been) committed. For people who are familiar with the system, that's easy. But for someone who may be unfamiliar with the system or Ontario's ...

Even if 11(b) isn't going to be an issue, if one side keeps requesting adjournments, the JP could schedule the next date peremptory on that party. That means the side who's been requesting all the adjournments will not be able to request another one and had better be prepared to proceed. If it's the Crown and the Crown still isn't ready, the JP ...

There's a big difference between being too lazy to clear any snow off a car and taking reasonable steps to clear it but leaving a bit behind. It's almost impossible to get all the snow off a car.

The better prepared you are, the greater your chance of winning. If you have notes from the day, you're in the same position as the officer: you will be relying on notes that were made at the time of the alleged offence to help you refresh your memory months later. As Argyll said, taking notes of the officer's testimony is definitely the right ...

You must take reasonable steps to keep the process moving. For example, you can't wait until the trial date and request disclosure then. Most JPs will grant an adjournment for disclosure, but will attribute the adjournment to the defendant. It would be attributed to the prosecution if the defendant had requested disclosure and followed up ...

It's still good today. It expires at midnight, as today transitions to tomorrow.

I feel for you. I remember that intersection well from my Western days (over 30 years ago). In those days, London didn't salt and barely plowed. After a bad storm, it was not at all uncommon to see 10 cm or more of snow on Richmond Street! It was sanded for traction, but that was it.

Once the ticket is written and served, it is NOT the officers call on how to proceed. It is fully up to the prosecutor. The prosecutor does not need the officers permission to reduce it or withdraw it. As our friend OTD Legal pointed out, it's not uncommon for prosecutors in Northern Ontario to check with the officer first (my case was in Muskoka ...

My guess is the prosecutor didn't want to stay any longer than necessary and didn't want the first list to run into the second. Perhaps he persuaded her to agree. Either way, I was happy to be out of there.

it is not uncommon for Prosecutors in the Northern Ontario courts to almost always run resolutions by the Officer involved before deciding whether or not to accept them. In central and Southern Ontario that is much less common. That's exactly what happened the one time I faced a speeding trial in Muskoka. I had requested a French trial, figuring ...

Your chances of having the charge withdrawn are high. Ask the dealership for a photocopy of the insurance slip to go with the letter. Although the prosecutor is not obligated to do so, I have always seen a charge withdrawn when the defendant brings the slip to the court to show that it was valid at the time of the charge.

As to whether the ...

So i will get to speak to the prosecutor before the trial on court date ? or i ask for a drop on the trial ? is there a way to find out if the police officer is attending, if hes absent i the case should be closed ? how do i find out if the officer is coming. thank you You should be able to speak with the prosecutor ahead of the trial. In many ...