Ontario Highway Traffic Act

Correct, if you pick option 2-(Guilty with explanation) then it is the same as being found guilty at trial. The conviction will appear on your record, in this situation the Justice of the Peace can adjust the fine imposed but he can't dismiss the charge. If you want a shot at getting the charge dismissed you need to pick option 3 and request a ...

If you can get a note from your doctor you can have someone, like your father in law, appear at court on your assigned court date and tell the Justice of the Peace that you have become too ill to attend. At that point they will probably reschedule your court date to a later time. The final decision on whether to allow you to reschedule your court ...

Unfortunately someone is going to have to show up on your court date otherwise you will be convicted by default. Is your trial at the Blind River or the Sault Ste Marie court? You can send your father in law and see if he feels up to asking to have your trial delayed because of the lack of disclosure, however if he is unfamiliar with the court ...

Thanks for posting that Stanton, looks like the Court of Appeal has made it clear that accidents on private property must indeed be reported. I think I got confused between HTA section 200 which covers fail to remain at the scene of an accident which only applies on a highway vs section 199 which covers reporting an accident which is applicable ...

It sounds like the accident happened on private property, if that is true then you won't be facing any charges under the Highway Traffic Act. The Criminal Code charge of Failing to stop at the scene of an accident also doesn't seem to apply since it was a single car accident with no other vehicles or people involved. If you caused significant ...

If you actually got this ticket and paid it, then it is too late to do anything about it. On the other hand if you don't remember getting this ticket then I would double check to make sure you haven't been the victim of identity theft. If you can show that someone else got this ticket and was using your name, then you can probably have the ...

1. The court date you get in the mail will be your actual trial date, so have everything ready to go on that day.

2. You can request disclosure by fax, just make sure to keep a copy of the confirmation page printed by the fax machine so that if the prosecutor claims they never got it you have something to prove to the court that you did in fact ...

One of the paralegals on here might correct me but I think if something like this happens you are better off to plead not guilty, even if you don't have much of a case. I believe it is a lot more strait forward to appeal a conviction then it is to try and get a plea bargain over turned.

If you missed your court date because of this error then that would be a valid reason to have your case reopened and a new trial date set. I don't know whether it would be enough to have the ticket quashed outright though.

Canlii is the most comprehensive database of Canadian case law out there, I would start your search there. Here is the link: http://www.canlii.org/en/

You can also try the Ontario Courts website. Here is the link: http://www.ontariocourts.ca/

If you have 4 previous conviction for driving while suspended then unfortunately being sentenced to jail time is a distinct possibility. The maximum time they can sentence you to is 6 months. Given how serious the consequences of another conviction could be, I would hire a paralegal or a lawyer how specializes in traffic law. They know the system ...

Sounds like you have a decent argument for getting this dropped but you will need some evidence that the sign isn't there. I would go back ASAP and see if you can get your own photo showing that there is no sign as the court won't except a Google Maps print out as evidence. There is a good thread on this site about getting pictures admitted as ...

I would go with option 3 and request disclosure, this will let you see if there are any holes in the prosecutions case and will leave open the option of filing a Charter challenge if the court date is too far away. Usually the prosecution will be willing to offer you a deal the day of the trial so if you look everything over and they seem to have ...

I would get your insurance company to send you a corrected slip, and then meet with the prosecutor. Like everyone else, I think it is likely that the prosecutor will withdraw the charge.

No, these are what are known as provincial offences and their enabling legislation in Ontario is the provincial offences act. Provincial offences are heard in provincial offences court and these courts have procedures that differ from both civil and criminal courts.