Ontario Highway Traffic Act

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.

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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 ...