Ontario Highway Traffic Act

jsherk wrote:Awesome

Congratulations on the win!

Thanks

So just to close this chapter - I've had my defence ready, adding to it R v. WD in terms of a three pronged test, and planning to talk about judicial interference (these were things that came up in other cases I've heard, while sitting there, and was quite fitting.

And then, I've seen the unseeable :) The judge went through my transcript, and told ...

Just found something interesting, by starting to re-read the transcript. After being booted out of the court room, to have the officer explain his shorthand to me, I came back in, and said what I said, but then a debate on a deal with the Crown has ensued, and the JP has said "so are you prepared to go to trial or not?" - I've never responded to ...

To answer both questions:

I took the stand, and I've offered evidence, describing the road conditions, and the events leading to the eventual stop. I was interrupted multiple times (just as I was interrupted during the cross examination), and then told that if I've nothing more to say, I can stand down. The JP also went into a lengthy rant about ...

I have an appeal coming up, on a speeding ticket (HTA 128).

The reason for my appeal is that the JP in the original trial said that I've provided no evidence, whereas I've really provided plenty.

Any case law suggestions to rely upon, in my appeal?

@bend - the JP has agreed, on record, with me being entitled to a typed version and an explanation of the shorthand.

The reason I bring it up is because usually they'll just have the officer pull you aside go through it with you right then and there. It's a lot easier than the alternative for both parties. I'm not sure why it wasn't offered. If ...

@bend - the JP has agreed, on record, with me being entitled to a typed version and an explanation of the shorthand.

@highwaystar - thank you.

@screeech - this was discussed in another thread I've started 6 months ago, specifically relating to that particular fatal flaw. At the end, it comes down to the school of thought to which the JP ...

Folks,

My alleged offence is rather simple - speeding 134km/h in a 100km/h zone (quoted from the ticket).

Offence took place in Nov 2015. First appearance in May 2016.

Asked for disclosure, and 2.5 weeks before 1st appearance got a few pages from the radar manual, and a photocopy of the officer's notes.

At the first appearance I've stated that ...

I've decided not to risk it, given what I've seen and heard the JP do for the first little while today, so I've gone the route of getting an adjournment charged to the prosecution, based on the so called disclosure I've received 2 weeks before the trial.

The JP said I shouldn't expect to ever see an entire radar operating manual, but that my other ...

I've done my share of digging on the fatal flow, prior to jsherk's reply, and I guess what causes me concern is that the issue was addressed in Khoshael years ago, the city of London case subsequently, and most recently by the Ontario Court of Appeal in Farah and Mirza.

The Khoshael reference specifically says that there is no authority to such ...

Brilliant, thank you very much for the quick response

This may be a stupid question, however how would I find out I've been convicted (if the JP doesn't notice the error) - do they have to send me a notice of conviction?

Wow, the speed of everyone's answers is highly appreciated (as the trial is tomorrow). Here is my ticket - all thoughts are appreciated.

Folks,

My alleged offence is rather simple - speeding 134km/h in a 100km/h zone (quoted from the ticket).

After reading all the vast troves of info here. I still have 2 pressing questions, in advance of my upcoming trial (where I may ask for an adjournment, to prepare my defence, as unexpectedly, I've received partial disclosure, a couple of ...