Ontario Highway Traffic Act

That is going to be a tough one to prove. You and your passenger can both take the stand and testify to that effect and see if you can offer more convincing testimony then the officer. Also when you cross examine the officer you can see if you can get him to admit that there were other cars there that he might have picked up instead of you. Between ...

What items did you put in your disclosure request?

o a full copy of the police officers notes;
o a copy of both sides of the officers copy of the ticket (Notice of Offence);
o a typed version of any hand written notes;
o witness will say statements;
o witness statements;
o any statements made by the defendant;
o copies of the original notes of ...

Unfortunately most speed measuring devises don't generate a written or visual record so the only thing you will get is what the officer wrote down by hand in his notes.

The fatal error defence only works if the charge as written on the ticket doesn't match the set fine or total payable written on the ticket. In this case the charge written on the ticket and the fines written on the ticket match so the fatal error defence that rodwarriors.ca is talking about won't work. What you are arguing is that you did not ...

If all you want is the construction zone enhancement taken away, you might be able to plea bargain for that at an early resolution meeting with the prosecutor. I think your plan of doing the initial filing for trial and requesting disclosure your self is a good one. You can then look over the notes and see if there is an obvious defence. If there ...

That is annoying because you probably could have beaten it. However it would have likely involved 2 trips into Toronto, one to file your Notice of Intention to Appear and another to show up in court. Sadly you are probably right that it wouldn't be worth the time off work to argue it.

Yup both Montreal and Vancouver have by-laws against leaving your car door unlocked while parked on public streets.

It's actually an offence anywhere in Quebec, it falls under their version of the Highway Traffic Act.

381. No person may leave unattended a road vehicle that is in his custody without previously removing the ignition key and ...

bobajob wrote:"Apparantly, leaving your car door unlocked is against the law"

WTF !

Yup both Montreal and Vancouver have by-laws against leaving your car door unlocked while parked on public streets. It is an attempt to cut down on car theft, although it does seem more like punishing the victim.

I would still probably file for a court date and request disclosure so you can see the officers notes. Once you have that it will be easier to see if there is something to use to build a case. Also even if they have you dead to rights, you can still probably plea bargain to get a reduced penalty. While I can't guarantee what the prosecutor will do ...

One of the traffic officers who frequent this board might know better, but my guess would be that the two times mentioned at the top of these notes (815 and 1835) are the times the officer tested the radar unit. The notes don't say what the outcome of those tests were but I would imagine the officer will testify on the stand that the tests showed ...

Aside form suspending his licence, the fine will be treated like an unpaid bill. The city can put it against his credit rating and use civil collection methods such as collection agencies garnishments etc. Also some cities will add unpaid tickets to the offenders property tax bill. However an unpaid ticket will not result in any jail time. The only ...

It looks like the notes are saying that the laser devise was tested once at 725am and again at 346pm. Both tests show the device was working properly. I agree that they probably won't reduce the ticket any further so unless you can see a way to win outright you are probably better to plead guilty.

You should check the box saying that you want the officer to attend. This will meen that the officer has to take the witness stand and testify. That will give you a chance to ask him questions and poke holes in his testimony if you take this to trial. It also means that if the officer fails to show up your ticket will very likely be withdrawn. For ...

Usually you will get a chance to talk with them when you sign in on the day of your trial. Often they will approach you and offer some type of deal, if they don't you can pull them aside before things get started and have talk with them.

Plead not guilty. This will set a date for trial, you can then talk to the prosecutor before your trial begins and work out a plea deal.