If the defendant does not show up at trial, under the POA, a section 9.1 is conducted and without a hearing or the officer being on the stand a conviction is registered if the certificate of offence is regular on its face.
The offcer is not required to be there for this process.
Not where I worked. Ex parte trials definitely occurred - very ...
Search found 888 matches
- Mon Oct 16, 2017 4:13 pm
- Forum: Improper use of high occupancy vehicle lane
- Topic: got pulled over on a bridge bus lane in Ottawa
- Replies: 29
- Views: 11205
- Mon Oct 16, 2017 2:19 pm
- Forum: Improper use of high occupancy vehicle lane
- Topic: got pulled over on a bridge bus lane in Ottawa
- Replies: 29
- Views: 11205
Re: got pulled over on a bridge bus lane in Ottawa
No, if you've set a trail date then the trial has to go ahead even if you are not there to give evidence on your behalf. The officer would take the stand and give evidence of the charge and you'd be convicted (except in one legendary case when the officer messed up the testimony and lost an unopposed trial !!). So, no, the charge was withdrawn ...
- Sun Oct 15, 2017 2:46 am
- Forum: General Talk
- Topic: Limitation period on provincial offense trials?
- Replies: 3
- Views: 4765
Re: Limitation period on provincial offense trials?
I'd check with the court house. Sound like it might have been withdrawn.
- Tue Oct 10, 2017 3:52 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: "29" over
- Replies: 7
- Views: 4586
Re: "29" over
I don't think you're going to get any traction saying that is a 5. It's just poor handwriting.
- Mon Oct 09, 2017 4:41 pm
- Forum: Careless Driving
- Topic: Single Car Accident = Careless driving?
- Replies: 1
- Views: 3270
Re: Single Car Accident = Careless driving?
Careless has become the go-to charge for police. Firstly because it does kind of fit in that if you drive off the road you weren't driving with care. Secondly supervisors, in my experience, say to lay it and thirdly because it scares people into accepting a plea deal. If you were charged with something else like failure to turn out to avoid ...
- Fri Oct 06, 2017 5:35 pm
- Forum: General Talk
- Topic: Speeding ticket with fatal error?
- Replies: 34
- Views: 16699
Re: Speeding ticket with fatal error?
Personally I think this was the right decision. You were looking for a loophole. You weren't actually prejudiced because you knew what you were being charged with. That's the point of the process.
- Mon Oct 02, 2017 8:02 am
- Forum: Driving While Suspended
- Topic: suspended on license
- Replies: 5
- Views: 3958
Re: suspended on license
My spouse has 2 driving under suspension and 1 driving disqualified convictions within a year and a half originating from a dui conviction over 80. He keeps driving. What are the consequences to him for another disqualified conviction? And what would be the consequences to the owner of the vehicle, me?
You need to get him to stop driving your ...
You need to get him to stop driving your ...
- Tue Sep 26, 2017 8:48 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 133 in posted 100 km / hr zone 401 heading EB
- Replies: 3
- Views: 3155
- Tue Sep 26, 2017 8:45 pm
- Forum: General Talk
- Topic: No Insurance Accident, Please Advise
- Replies: 13
- Views: 4433
Re: No Insurance Accident, Please Advise
If noone answers they will not give up. They'll go to your work, or whatever else works. Not answering your door is a not a good option. These things don't go away.
- Tue Sep 26, 2017 8:40 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 131 in a posted 90 and failure to provide Insurance. Reduced
- Replies: 13
- Views: 6980
Re: 131 in a posted 90 and failure to provide Insurance. Red
You might - might - be able to get the insurance dropped if you plead to the reduced speeding. That's 1 ticket in instead of 2.
- Sun Sep 24, 2017 12:45 pm
- Forum: Red Light Camera Ticket
- Topic: Right turn on red light camera - complete stop
- Replies: 26
- Views: 27863
Re: Right turn on red light camera - complete stop
With red lights there will be a stop line. That's where you need to stop. I'm not quite sure I'm following what you're asking.
- Fri Sep 22, 2017 7:35 am
- Forum: Red Light Camera Ticket
- Topic: Right turn on red light camera - complete stop
- Replies: 26
- Views: 27863
Re: Right turn on red light camera - complete stop
Traffic control signals and pedestrian control signals
144 (1) In this section,
Exception – turn
(19) Despite subsection (18) and subject to subsection (14), a driver, after stopping his or her vehicle and yielding the right of way to traffic lawfully approaching so closely that to proceed would constitute an immediate hazard, may,
(a) turn to ...
144 (1) In this section,
Exception – turn
(19) Despite subsection (18) and subject to subsection (14), a driver, after stopping his or her vehicle and yielding the right of way to traffic lawfully approaching so closely that to proceed would constitute an immediate hazard, may,
(a) turn to ...
- Tue Sep 19, 2017 2:42 am
- Forum: General Talk
- Topic: bicycle fails to trip green light sensor coil
- Replies: 11
- Views: 3956
Re: bicycle fails to trip green light sensor coil
Personally I think it is ludicrous that they can put in a system that does not work for legal users of the roads. They need to either go to timed light changes or, as in the UK, cameras to detect vehicles.
- Tue Sep 19, 2017 2:40 am
- Forum: Careless Driving
- Topic: First ticket Careless Driving Ticket
- Replies: 7
- Views: 4487
Re: First ticket Careless Driving Ticket
What you did was wrong. From your description can we assume that your right tires were on the shoulder ?
It's certainly not the most henious of manoeuvres so I would suspect you could plead down to a lesser offence.
Not knowing where you are going is certainly no defence.
It's certainly not the most henious of manoeuvres so I would suspect you could plead down to a lesser offence.
Not knowing where you are going is certainly no defence.
- Tue Sep 19, 2017 2:35 am
- Forum: Failing to lower headlamp beams
- Topic: failing to use lower beams
- Replies: 4
- Views: 9176
Re: failing to use lower beams
I've seen that charge laid before without much success.