Go to court with several copies of your e-mails, logs of your phone calls, etc. When you arrive, the Prosecutor will ask you what you want to do. Tell him or her that you requested disclosure eight months ago and have followed up diligently. The Prosecutor may have copies of your e-mails to verify; if not, give him or her one of the copies.
If the ...
Search found 358 matches
- Mon Mar 18, 2019 4:30 pm
- Forum: Hand-held devices
- Topic: Hand-held device ticket - Requested Disclosure for 8 months but haven't received. Court this week
- Replies: 2
- Views: 4107
- Sun Mar 03, 2019 12:29 pm
- Forum: Hand-held devices
- Topic: Hand held device, plain clothes officer "observed me with phone resting on right knee". Pulled over by other officer.
- Replies: 1
- Views: 3223
Re: Hand held device, plain clothes officer "observed me with phone resting on right knee". Pulled over by other officer
You have the right to tell your story and to cross-examine both officers. Handheld tickets are difficult to beat, but if Officer 1 can't describe your cellphone and you can get him to acknowledge that you may have been trying to close a Tic Tac box, you could have a chance.
- Sun Feb 17, 2019 11:49 am
- Forum: Stunt Driving
- Topic: 61km/hr over driving on the 401, construction zone (no workers). Already had my early resolution meeting.
- Replies: 3
- Views: 4249
Re: 61km/hr over driving on the 401, construction zone (no workers). Already had my early resolution meeting.
Perhaps you could post the disclosure here (just make sure you black out any personal information). One or more people could advise you as to whether you may be able to do better.
- Wed Feb 13, 2019 12:50 pm
- Forum: General Talk
- Topic: effects of sleep disorder on DL and INS, went to a sleep clinic
- Replies: 4
- Views: 2687
Re: effects of sleep disorder on DL and INS, went to a sleep clinic
Pardon the pun, but Mrs. Bobajob should rest easily. If she's managing her apnea with a CPAP machine (preferably) or other form of treatment/therapy as advised by her doctor, she is still eligible for a licence. She would have to have severe apnea to be denied a licence.
I have sleep apnea and use a CPAP machine. It used to be a lot worse (even ...
I have sleep apnea and use a CPAP machine. It used to be a lot worse (even ...
- Sat Feb 09, 2019 7:59 am
- Forum: Hand-held devices
- Topic: Any advice on hand held device while in gridlock traffic?
- Replies: 9
- Views: 7076
Re: Any advice on hand held device while in gridlock traffic?
You can still receive the set fine of $615 if you go through the disclosure process and decide to plead guilty in court or at any time before that. It's only if you plead not guilty, have a trial and are subsequently convicted that the set fine is no longer available.
- Mon Feb 04, 2019 12:17 am
- Forum: Failing to obey signs
- Topic: Disobey sign - Highway traffic act Sect 182 (2)
- Replies: 1
- Views: 6794
Re: Disobey sign - Highway traffic act Sect 182 (2)
No. The sign was correct at the time of the alleged offence. The fact that the by-law was changed subsequently does not affect the validity of the charge.
You may have difficulty having the HTA charge changed to TMC, as municipal by-laws are relied upon to set the prohibited days/hours that are referenced in s. 182 of the HTA.
You may have difficulty having the HTA charge changed to TMC, as municipal by-laws are relied upon to set the prohibited days/hours that are referenced in s. 182 of the HTA.
- Wed Jan 23, 2019 10:15 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: OPP notes don't mention radar test after shift
- Replies: 1
- Views: 3112
- Wed Jan 23, 2019 10:06 pm
- Forum: General Talk
- Topic: Radar testing after officers duty. Does this need to be on the officers statement on disclosure?
- Replies: 4
- Views: 3961
Re: Radar testing after officers duty. Does this need to be on the officers statement on disclosure?
Radar( Laser) only needs to be tested before shift and at end of shift not after each stop.
The text of the decision says before and after enforcement. That's typically interpreted to mean the beginning and end of the officer's shift. I've also seen cases where an officer who has worked a long shift has testified as to having tested the unit ...
- Sun Jan 20, 2019 12:46 pm
- Forum: General Talk
- Topic: Bogus stunt charge!! 100 in a 50. Officer lied and I can prove it!
- Replies: 1
- Views: 2764
Re: Bogus stunt charge!! 100 in a 50. Officer lied and I can prove it!
First, let's recognize that police officers are human and make mistakes. It may be better to proceed with the attitude and mindset that the officer may have been mistaken. If you go into the process "hot" and accusing the officer of lying, no prosecutor is going to want to give you the time of day.
There's nothing wrong with requesting early ...
There's nothing wrong with requesting early ...
- Sun Jan 20, 2019 12:37 pm
- Forum: General Talk
- Topic: Radar testing after officers duty. Does this need to be on the officers statement on disclosure?
- Replies: 4
- Views: 3961
Re: Radar testing after officers duty. Does this need to be on the officers statement on disclosure?
The relevant case for this question is R. v. Schlesinger. That case confirmed that an officer must test the radar both before and after and enforcement stop and that an officer must have a notation of the time he or she tested the radar.
You can read the text of the decision here: https://www.canlii.org/en/on/oncj/doc/2007/2007oncj266/2007oncj266 ...
You can read the text of the decision here: https://www.canlii.org/en/on/oncj/doc/2007/2007oncj266/2007oncj266 ...
- Sun Jan 20, 2019 12:32 pm
- Forum: Exceeding the speed limit by 50 km/h or more
- Topic: Stunt Driving ticket without a clean record exceeded 50km/hr
- Replies: 1
- Views: 3799
Re: Stunt Driving ticket without a clean record exceeded 50km/hr
Both offences are considered major offences for insurance purposes. Either can cause your insurance premiums to double. If you're convicted of both, you'll find it extremely difficult to find insurance (if you're very lucky, a company in what's called the facility market or sector; these companies insure the riskiest drivers, but charge SKY-HIGH ...
- Wed Jan 09, 2019 9:59 am
- Forum: Parking Tickets
- Topic: An obscure parking signal in Great Toronto Area
- Replies: 6
- Views: 3849
Re: An obscure parking signal in Great Toronto Area
I'm sure the intention of the sign is as Bend has suggested, but I can see how it could easily be confusing. It would probably be better if the text were:
8:30 AM - 4:30 PM
MON - FRI
SEPT - JUNE
8:30 AM - 4:30 PM
MON - FRI
SEPT - JUNE
- Wed Dec 19, 2018 4:01 pm
- Forum: General Talk
- Topic: Improper use of high occupancy lane (on hwy 7) & fail to surrender licence
- Replies: 4
- Views: 2999
Re: Improper use of high occupancy lane (on hwy 7) & fail to surrender licence
I also think the Highway 7 HOV lane would fall under either a York Region or City of Markham by-law.
- Mon Dec 17, 2018 10:04 am
- Forum: General Talk
- Topic: Use of intermittent red light
- Replies: 6
- Views: 3140
Re: Use of intermittent red light
I believe volunteer response services are permitted to use intermittent green lights. I can look up the reference if needed.
- Mon Dec 17, 2018 10:00 am
- Forum: Hand-held devices
- Topic: Hand held at red light not holding phone holding a route copy
- Replies: 5
- Views: 3225
Re: Hand held at red light not holding phone holding a route copy
If you were holding or looking down at the paper, the officer could still ticket you for distracted driving. That may be an option. Perhaps someone who's more familiar with the ramifications of Distracted could chime in as to whether it's a better option.
- Mon Dec 17, 2018 9:53 am
- Forum: General Talk
- Topic: officer's notes / narrative include some very substantive errors
- Replies: 3
- Views: 2889
Re: officer's notes / narrative include some very substantive errors
Ask him to confirm the direction of travel. If the sun was rising or setting, you could ask him whether he was looking towards it or away from it. Ask what the most recent major cross street was and what the next one would be. Ask on which side a major landmark was.
- Thu Dec 06, 2018 9:30 am
- Forum: Parking Tickets
- Topic: What's the waiting time for a trial nowadays?
- Replies: 9
- Views: 4580
Re: What's the waiting time for a trial nowadays?
That's surprising, since parking tickets are linked to the vehicle, not the driver. Then again, you're in Toronto, where almost anything is possible.
- Tue Dec 04, 2018 10:01 pm
- Forum: Parking Tickets
- Topic: What's the waiting time for a trial nowadays?
- Replies: 9
- Views: 4580
Re: What's the waiting time for a trial nowadays?
Parking tickets or traffic tickets?
- Fri Nov 30, 2018 8:06 am
- Forum: Parking Tickets
- Topic: What's the waiting time for a trial nowadays?
- Replies: 9
- Views: 4580
Re: What's the waiting time for a trial nowadays?
It won't be linked to your driver's licence; it will be linked to your car's licence plate.
- Thu Nov 22, 2018 7:11 pm
- Forum: Red Light Camera Ticket
- Topic: Red light camera at 000.2 seconds, and crossed intersection at 000.9 seconds
- Replies: 2
- Views: 5495
Re: Red light camera at 000.2 seconds, and crossed intersection at 000.9 seconds
Red light camera tickets are almost impossible to beat. If you request a trial, you may find a sympathetic prosecutor who's willing to reduce the fine in return for a guilty plea.
- Mon Nov 12, 2018 1:42 pm
- Forum: Other Ontario Provincial Acts Related to Traffic
- Topic: Interfere with Traffic Highway Traffic Act 170
- Replies: 1
- Views: 8002
Re: Interfere with Traffic Highway Traffic Act 170
It sounds like he charged you under subsection (12), interfering with traffic. If you can show that you had pulled sufficiently off the road that you weren't interfering, you could have a case.
I have no idea why he'd have asked your daughter for her name and address. It was also interesting that he'd have questioned the staff at Tim's as to how ...
I have no idea why he'd have asked your daughter for her name and address. It was also interesting that he'd have questioned the staff at Tim's as to how ...
- Mon Oct 29, 2018 9:22 am
- Forum: Driving through, around or under a railway crossing barrier
- Topic: What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?
- Replies: 10
- Views: 6653
Re: What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?
Actually, the first version was correct. Sorry, that's the teacher and picky grammar person in me.
- Tue Oct 23, 2018 7:57 am
- Forum: Driver failing to ensure infant/child passenger is properly secured
- Topic: Traffic ticket for not properly securing a seat belt
- Replies: 7
- Views: 11285
Re: Traffic ticket for not properly securing a seat belt
You said both your wife and your daughter had their seatbelts under their arms. A seatbelt must be worn over the arm and shoulder. You can still request a trial and see the disclosure, but keep in mind you've admitted they were both wearing them incorrectly.
- Wed Oct 17, 2018 10:10 am
- Forum: Courts and Procedure
- Topic: Appealing a conviction for a traffic offence where the ticket was not signed.
- Replies: 6
- Views: 4408
Re: Appealing a conviction for a traffic offence where the ticket was not signed.
In theory, checking a phone is no different from eating a donut or drinking a coffee or from a water bottle. They're all distracting. The display in my car shows me who's calling, so I don't have to peek at my phone, but it's often tempting to do so. In practice, the difference is that the specific prohibition on using a device is written into the ...
- Wed Oct 17, 2018 10:04 am
- Forum: Hand-held devices
- Topic: Touched mounted phone to decline call and received $490 ticket
- Replies: 4
- Views: 3677
Re: Touched mounted phone to decline call and received $490 ticket
The person with whom you meet at early resolution may be in a good mood and may accept your story that you simply pushed one button on a mounted phone. Do your homework and bring at least subsection 14 (1) of the Regulation with you. Tell the prosecutor that that's exactly what you did and no more. The prosecutor probably won't have the officer's ...
- Tue Oct 16, 2018 8:39 pm
- Forum: Hand-held devices
- Topic: Touched mounted phone to decline call and received $490 ticket
- Replies: 4
- Views: 3677
Re: Touched mounted phone to decline call and received $490 ticket
You very well could have an argument pursuant to subsection 14 (1) of O. Reg. 366/09 (that's the Regulation dealing with hand-held device exemptions; s. 14 (1) refers to what you said in terms of being able to push a button if the device is securely mounted). That said, the officer/Prosecutor could amend the charge to Green light - fail to proceed ...
- Tue Oct 02, 2018 1:24 pm
- Forum: Summon
- Topic: Is my case really a case of "mis use parking permit"??
- Replies: 28
- Views: 20878
Re: Is my case really a case of "mis use parking permit"??
You're right. Because it's a parking ticket, you won't get disclosure. But you can explain the situation and see what the reviewer says. If you're not happy, you can request a second review.
- Sat Sep 22, 2018 1:11 pm
- Forum: Summon
- Topic: Is my case really a case of "mis use parking permit"??
- Replies: 28
- Views: 20878
Re: Is my case really a case of "mis use parking permit"??
I assume by now you've requested a trial. As soon as you have the trial date, request disclosure.
- Thu Sep 06, 2018 12:06 pm
- Forum: Summon
- Topic: Is my case really a case of "mis use parking permit"??
- Replies: 28
- Views: 20878
Re: Is my case really a case of "mis use parking permit"??
If you haven't yet requested your trial, bring a letter from your father explaining the situation, including the fact that the space in which you parked was the closest one available. The person at the ticket office may be able to cancel the ticket.
- Sat Aug 18, 2018 11:36 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding 145KM/h - 45KM over in a 100KM zone - York Region
- Replies: 9
- Views: 6416
Re: Speeding 145KM/h - 45KM over in a 100KM zone - York Region
Aside from everything else that's been discussed, you keep referring to York Region. You were in the City of Toronto. "York" here refers to the former City of York, which is now part of Toronto. The courthouse is in the York Civic Centre, an administrative building for the City of Toronto, formerly City Hall for the City of York. The officer who ...