Search found 358 matches

What if you argue that you were simply jiggling the wire? If the officer's notes (after you've requested and received disclosure) say nothing about you plugging in the phone, you could say you were merely adjusting the wire to ensure your phone was charging. A wire is not a device that is capable of receiving or transmitting a call, etc. That may ...

It's probably within the jurisdiction of the Richmond Hill Court in the Yonge and Highway 7 area. You may want to consider fighting it anyway; from my limited experience with red light camera offences, the prosecutor will often offer a reduced fine for a guilty plea. Then again, that may have ended with last year's ruling about set fines.

Either ...

I would think things such as speed measuring device maintenance and calibration records/logs would be considered "relevant" per Jackson. The manual likely specifies regular maintenance and recalibration/verification. The officer must, then, prove that these requirements were met. Unless the officer has done the maintenance and calibration ...

Once there's an adjournment that counts against you, you won't have a case for trial delay. Regardless, a trial date that's only eight months after the offence date would not be considered an unreasonable delay anyway, particularly in the GTA. Anything under roughly 15 months (Toronto proper) or 12 to 13 months (York Region) is considered fair.

The guy was obviously playing the "let's see how little we can get away with disclosing" game. He has to know he'd lose that game on most of the points. Maybe he thinks that because he's a paralegal (yes, I looked him up in the LSUC directory) and I'm not, I'd be intimidated by his e-mail. If I'd been able to go to Orillia next Monday, I'd at least ...

I thought you'd be interested in the e-mail I received today from the prosecutor.

----------------

Dear Mr. XXXXX,

I am the now assigned Prosecutor for Provincial Offences court on Monday September 19th in Orillia.

I have been on Holidays last week and in court all day for the last 2 business days hence my late reply to your disclosure request ...

You're probably not going to want to "hear" this, but in your stills, I see illuminated amber lights.

She's had a G since she was 18. The novice sanctions are not an issue.

Real Judge...cute! I knew you'd show up sooner or later.

My fear is exactly what you and argyll have said. The JP could ignore everything I bring up and I'd have to convince the "real judge" that the JP had erred in not considering the evidence, etc. The other fear is that the officer could actually prove what I would be getting at and would close ...

I'm not against wearing people down or being a thorn in people's sides when either of those is necessary.

Realistically, I would only roll the dice on a trial if I had reason to believe I'd win. The points on my daughter's record and the higher fine are not worth the risk unless it's really low.

Given that I will likely wind up pleading guilty ...

So if I use an analogy such as "I turn the key in my car and no warnings lights come on, so I assume it's running fine, but it turns out the tires are overinflated and are about to explode" to show that a simple test may not diagnose everything, or use, perhaps, a medical analogy (the doctor listens to my heart with a stethoscope but that can't ...

As I wait for the inevitable back-and-forth over my additional disclosure request, I've been thinking about what I may be able to do, particularly with respect to point 5 and any other cross-examination I may need.

Radar unit in good working order
"Officer, are you the only member of your police service who uses this particular radar unit ...

The Barrie Prosecutors' Office sent me a follow-up e-mail yesterday stating that disclosure had been sent and outlining the usual conditions of privacy, etc. It also gave the procedure to use if I felt disclosure was deficient (of course it was).

I will send a second (third, really) request for the items that were not included. The follow-up e ...

Thanks.

Thanks for confirming what I already figured.

The Certificate of Offence is a longshot, but probably worth taking. I'm generally good at cross-examination from my Small Claims days and the few trials I've done for myself. I know that the court will reinstate the speed at 82 if we do go to trial; despite my perceived skills, I don't think that's ...

They show up more regularly than they used to. My understanding is that with computerization courts are better at scheduling trials on dates the officers would otherwise be off, minimizing the risk of something coming up that could prevent the officer from making it to court. Whenever I've needed to schedule an adjournment, the clerk will go ...

So much for 4-6 weeks. I actually received an eight-page disclosure 45 minutes ago. No, I didn't get everything I asked for (not that I expected to get all of that), but what I did get is enough to make me forget about the rest. Here's what I received:

Page 1: Copy of Notice of Trial, with our last name and the officer's last name handwritten in ...

Check the numbers on the officers' uniforms. If one of them matches the number on your Notice of Trial or Offence Notice (ticket), that's your man/woman. If you don't find your number, the officer could be there in plainclothes. You can simply approach the plainclothes officers (they're the people in the decent suits/professional attire with ...

Then Crown it is. Thanks, Argyll.

I thought there might be a procedure to arrange an adjournment by agreement without having to make an appearance. When I worked in Small Claims Court, we used to be able to request adjournments if both parties jointly submitted a request or if one submitted a request evidencing the consent of the other party.

So September 19 will be "Strike 1 ...

I had an e-mail reply 32 minutes after I sent the follow-up. The prosecution clerk who replied thanked me for my request and said disclosure would be e-mailed to me in approximately four to six weeks.

The trial date is three weeks from today. There's no way I'll have disclosure in time. I can probably play nice and request an adjournment now or ...

I sent my disclosure request August 17. Having heard nothing so far (not surprisingly), I just sent a second request. The trial date is three weeks from today. It looks like I'll have to go up there to set a new date while I keep pushing for disclosure.

Since Regulations are NOT law, then if the ticket (Notice of Offence or Summons) specifies a REGULATION on it instead of a SECTION from the HTA, then is the ticket actually valid?
Regulations are law. Provisions in regulations are just as enforceable as provisions in the Act itself.

One of the reasons regulations exist is that they are ...

Because my daughter is only 21, we're more concerned with insurance. She's listed as a second driver on one of our cars, so it won't be a huge deal, but we will probably be buying her a car in a couple of years. She's in Med School out of town and will need the car to get to her placements. At that point, a conviction could come back to haunt her ...

Thank you, jsherk. I will definitely make my request by e-mail. It certainly saves a drive. The detail in your disclosure request is AWESOME! I assume I would not send the second part (the analysis of the various cases), but keep that information for backup if necessary. I've seen discussions here (probably yours) about insisting on the entire ...

Thanks for the help so far. After I've received the disclosure, I'll drop by again.

Perhaps I shouldn't have used the word "credibility." Perhaps I should have instead asked whether the mistake on the plate goes to the accuracy of the officer's testimony.

Regardless, I assume your answers mean that even if I can show at trial that the plate was misidentified, that fact would be irrelevant.

One more question, if I may. The ...

My 21-year-old daughter was driving my son back to camp after a day off in July and received her first speeding ticket on Rama Road in Orillia. The ticket was for 65 in a 50 zone. The ticket claims it's a Community Safety Zone, but I've never seen the sign and will need to investigate. I'll be representing her, as I've successfully represented ...