Ontario Highway Traffic Act

You need to make sure you understand CROSS-EXAMINATION ... do a google search and read some stuff on it.

You will need to cross examine both the officer and the victim. The points you bring up are good questions to ask "So officer, did you base the charges on her word only? Did you see any medical reports? Did you talk to doctors? Did you look ...

Is there any medical evidence of her injuries?
She claims to be hit by you, was there any bruising? Any photos? Any medical report of her visiting ER?
Who was the doctor that examined her?
Which hospital did she go to? Who took her?
Did the officer do any investigation to confirm validity of her story? Or did he take her word at face value?
If ...

You can always appeal any trial decision.

But remember that an appeal is NOT a new trial. For an appeal to succeed you need to convince the Judge that the Justice of the Peace or the Prosecutor made some kind of mistake at the original trial, and you can NOT introduce new evidence. Basically you make your points and the Judge reviews the ...

So my court date is in a week next Friday and just wanted to ask if my trial goes south and I lose the case, would I be able to appeal the final decision made by the Justice of the peace? Because I am really determined to see this thing through and make sure that lady does not win this case. Money is not even the issue at this point, it's more a ...

Will do!.

If anyone else on this thread has any input, I would like to hear it. Any help would be greatly appreciated.

I did hire a paralegal, there is no way I was going to go in and fight this alone. my paralegal pretty much kept stressing that neither party has sufficient evidence to prove your guilt or innocence. So it just comes down to who's story sounds more believable to the justice of the peace. Her also not showing up the first time because she claims she ...

@dude

If the witness/pedestrian is not there, then I think they will have to withdraw all the charges. Lets hope that is what happens. Others may want to chime in as to whether you can still be charged with the Failing To Report and Failing To Remain even if the witness does not show up.

But if both her and the officer do show up, then you will ...

Hi guys,

Hope people are still reading this. I just wanted to give an update. My second court date is in about 3 weeks and I wanted to get some last minute feedback. I am hoping she does not show up again or the detective. Here is a summary of the report and pedestrians statement. should i take a plea bargain if pedestrian does show up (something ...

jsherk wrote:Did you send the letter from her lawyer to your insurance company?

yes I did. Why? is it bad if I sent it to my insurance company ?

I would suspect that this complaint was made in the heat of the road-rage moment and now the witness doesn't want to be involved, using illness as an excuse. It may just go away at the next appearance.....

....but plan for the worst. Your paralegal needs to have some good cross skills.

That's what I suspected as well but literally a week later ...

I would ask the prosecution (as soon as possible, in writing) to ask the witness to bring a doctors note with her to the next trial date to prove she was sick.

So I emailed my paralegal today and he said we cannot make that kind of request. The crown believed the officer and they will not pursue it any further than that. That she does not ...

jsherk wrote:I would ask the prosecution (as soon as possible, in writing) to ask the witness to bring a doctors note with her to the next trial date to prove she was sick.

Okay will do. Thanks for the help, I will ask my paralegal to ask for the doctors note.

jsherk wrote:I would immediately send a letter to the prosecutions office making that request. It can't hurt.

What request are you referring to ?

Illness will always get an adjournment. If they just failed to attend then that is another matter entirely.

My experience of JPs is different than above. Maybe I've just been fortunate but I have found JPs to be very non-biased, sometimes even verging on the side of the defendant. I would have thought that it would be possible to mount a credible ...

@jsherk

1.Yes my representative defending me told the justice of the peace that I had wasted a work day coming here and if this gets adjourned not only will I have to waste another work day I also will incur more legal fees to bring him back. He told them that this is not fair for my client. The JP replied saying no the witness is sick and is ...