Search found 358 matches

We have the 13th ...

13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
http://laws-lois.justice.gc.ca/eng/const/page-15.html The big difference is ...

Sadly, I've given up on trying to warn drivers their headlights are off. I used to flash my headlights or high beams, but that now typically results in a "We're Number One" salute. If I can pull up beside someone at a light or if the driver actually looks over if I pull up alongside him or her, I'll try to find a way to communicate that his or her ...

If the trial is adjourned for lack of disclosure, you will probably hit the 18-month "drop-dead" timing the Supreme Court of Canada specified in the Jordan case. You could be looking at an easy 11(b) application.

It would also be difficult to prove whether or not the device was actually being used. The police officers who come to our high schools to educate our students about the perils of drinking and driving, texting and driving, etc., say it's easy for them to obtain information from mobile companies that would show exactly when and how the phone had ...

I also refuse to use my phone when driving, except to place or answer calls using my car's Bluetooth. I've sometimes had the person in the passenger seat pick it up to read an incoming e-mail in case it's important (if I'm expecting one, for example), and have, a couple of times, handed my phone to someone in the back seat for the same purpose. IMO ...

Do you have the name of the person with whom you spoke from the City of Markham? (It's not a town anymore, by the way) It's not the same as having it in writing, but you may be able to swing the case in your favour if you can demonstrate that the city realizes there's a problem. If a reasonable person driving with reasonable prudence has trouble ...

At times, I miss the good old days when the officer's inability to show the reading would result in dismissal. I actually once had an officer decide not to give me a ticket at all when he couldn't show me the radar reading. Needless to say, I had asked him really politely.

I'm convinced the people who make the decisions throw darts at dartboards and go with that.

Well done! It's not often a JP overrules a prosecutor's objection to a defendant's questions. Then again, most self-represented defendants ask irrelevant questions.

I wouldn't worry about a mistrial over the JP allowing the video. He's already told you he's taking it with a grain of salt and is on your side as to the possible lack of detail from ...

Wow! Just wow!

I stand corrected.

Realistically, it's difficult to know whether there might be "missing" pages. Instead, if the officer happens to state something that's not in the notes you've received, you could then question the officer as to where in his notes that evidence is shown. If it's on a page that has not been disclosed, you can then object. The officer may claim that ...

Forget Early Resolution. You won't have disclosure, so you won't know all the "facts." Any deal the prosecutor may offer would likely be a "take-it-or-leave-it" offer that wouldn't be made again at the trial. If, however, you plead not guilty and request a trial, you'll be able to obtain disclosure. The day of the trial, by all means, speak with ...

However, I expect the City of Mississauga to appeal the municipal by-law case that was decided in favour of Uber (http://www.canlii.org/en/on/oncj/doc/2016/2016oncj746/2016oncj746.html) - so it may be a short while before we hear from the Court of Appeal. I can't see Mississauga winning. If the Court rules that Jordan only applies to criminal ...

My point exactly. I don't know about TPS, but YRP officers are expected to write a certain number of tickets per month and per year. YRP calls that a "performance measure," but it's really a quota. That's why many people I know say they drive a little more slowly the last few days of each month.

I get the same impression. It seems the intent is to keep people from entering that little area. A Do Not Enter sign and a No Proceeding Straight Through an Intersection are NOT the same thing. This should be a slam dunk.

It would be interesting to know when the officer corrected the time on the Certificate of Offence and in his notes. Officers typically testify in Court that they made their notes "shortly after" issuing the ticket (that tends to mean as soon as the officer returns to the car or to the patrol post). If he messed up the time on the ticket and in his ...

Quota? The month and year were almost over.

OTD Legal wrote:If all three offences go to conviction, I could only imagine that obtaining insurance coverage would be prohibitively expensive if an insurer could even be found to issue a policy.

Probably closer to impossible than prohibitively expensive. Then again, this person obviously doesn't seem to care.

I watched the video a bunch of times. Your brake lights were on for about five seconds. I find it really hard to tell whether you came to a complete stop or were still rolling. The officer was sufficiently far back that it's difficult to gauge where you were relative to the intersection. That's my opinion; the JP could see it the other way ...

I watched the video a bunch of times. Your brake lights were on for about five seconds. I find it really hard to tell whether you came to a complete stop or were still rolling. The officer was sufficiently far back that it's difficult to gauge where you were relative to the intersection. That's my opinion; the JP could see it the other way.

That's what I thought, unfortunately.

I'll just wait for my trial date so I can request disclosure. I still think we were in Brampton, not Vaughan, and that the Brampton Court, not Newmarket, should have jurisdiction. But it will take several months before I know that, based on the pace at which Newmarket works.

I was reading another topic last night, where the issue of location shown on the ticket was briefly raised as a potential fatal error. That made me wonder whether the information the officer showed on my tickets is sufficient. All he indicated was "Highway 407." I've attached the two tickets. Is what he indicated sufficient?

Speeding: https://www ...

Switching lanes four times in a minute is considerably different from switching lanes four times over the course of the several minutes he was following you. That does sound more like weaving. As ynotp suggested, though, post the video.

Some stories do have happy endings.

My friend received a notice in the mail saying that, because of an error on the ticket, the charge is being withdrawn. Someone was in a good mood!

Request a trial right away. The officer has not alleged you were speeding; that's definitely a good thing. If your dashcam video shows you were changing lanes occasionally to provide a clear lane in which you could drive at the speed limit, that is also a good thing. IMO, Careless should only apply if you were weaving into and out of lanes, trying ...

Sadly, this situation adds fuel to the fodder for those who believe Ontario JPs do not receive sufficient legal training for their jobs. While I am not one of those people (I do believe JPs are sufficiently trained for what they do), would it not make sense that a JP at least know what a subpoena duces tecum for O'Connor production is? Maybe the JP ...

It could the start and end of the officers shift, testing times, or both. It's also not uncommon for an officer to write testing procedures on a separate page so they're not writing the same thing over and over again.

You can always ask for clarification, but that's something you should be doing before your court date. Most likely you'll show up ...

My guess is the officer knows there are a lot of speeders here and made sure to "preload" his/her notes with all the details he/she would need if a matter were ever to come to trial. I haven't spent as much time in court as some of the people here, but I've NEVER seen such detail.

Best wishes for the Holiday Season, whichever holiday each of you celebrates. Here's to a healthy and safe 2017.