Ontario Highway Traffic Act

Ok, thanks jsherk. I'll report back after tomorrow's trial.

Have a good weekend!

Ok, looks like I'm going back to court tomorrow. Thank you. Will the memo I sent earlier about the fatal error notice be used against me?

So interesting revelation just now. The original ticket does show the location but the disclosure document ticket doesn't. Do I still have a valid case of a fatal error or no?

Advice greatly appreciated!! Need to know if I have to show up in court tomorrow. I already faxed a memo saying the ticket associated with the disclosure was missing a ...

@daggx - good catch!

Yes a missing location is a fatal error. However in order to beat the fatal error you must NOT go to trial because they can fix/amend the error once the trial starts.

What I would do is fax a letter to both the prosecutor and the clerk ASAP. In the letter I would say this:
"With regards to my ticket#123ABC , it has come to ...

Did the officer neglect to put a location on this ticket or did you blank it out for privacy reasons? If the location is missing does anyone know if that still constitutes a fatal error? I know ticket combat says that no location is a fatal error, but the info on that site is quite old.

I didn't blank it out. It was like that on the ticket ...

in the event that the cop doesn't show up, is there a good chance this case can be dismissed or will it be adjourned to another date?

Well the officers notes are pretty clear, so without video the chances of winning are slim to none. Your dads statement did not help either. Will video help? We won't know until we see it! You do have the right to see the video (if it exists) whether or not the prosecution plans to use it or not.

So you could ask for adjournment based on the fact ...

You can always ask... it never hurts to ask!

The prosecutor may or may not agree with your request, but it is ultimately the JP that needs to decide about whether or not they will lower the fine.

Duly noted, thanks.

I faxed the request at lunch and the disclosure was ready for pick up within 2 hours, so the City of Toronto is quite diligent ...

argyll wrote:Yes, plea bargains can be made right up to the trial starting and even during a trial (more common in criminal cases). Having said that there isn't really any other offence that a mobile phone ticket can be bargained down to.

In the event we would settle for a lesser fine, is this common for cell phone tickets?

Thanks for the advice Jsherk, I will do this.

On the trial date, am I still able to strike a plea bargain or does this need to be done before with the prosecutor?

Who do I ask at the courtroom on the trial date if the officer is present? Am I still able to strike a plea baragin with the prosecutor if I know the officer is present for the trial?

Well you have the right to see the disclosure and the case against you. Will you argue that you did not know about asking for disclosure until just recently and that is why you are asking now?

Most likely the adjournment will be granted if you argue that you still need time to review the disclosure.

What was the date of the original ticket ...

Hello All,

I am helping my father with a cell phone ticket (S78.1(1)). He received it within the City of Toronto. The trial is scheduled for January 6th 2017 however I would like to request for a second adjournment for the trial date because we need more time to prepare our defense. I have not yet requested for disclosure but will be doing so ...

Best of luck to you, this is not an easy fight to win. Onus will be on you to prove you had coverage on that specific vehicle. Driving without insurance is a reverse onus charge.

I believe by pleading guilty to the conviction, it will make you seen as a 'high risk' driver and you will be on facility insurance. From an insurance point of view, I think even after 3 years, they will still put you on facility insurance. The only way to find out for sure is to contact the insurance company. Convictions/offenses stay on the MTO ...

I got into an accident last september and was given a careless lane change ticket.

How it went down:
-427/Gardiner Junction, left passing lane was slowly moving (~10-20km/h)
-Middle lane was empty, did my checks and thought it was safe to merge into the other lane
-Accelerated full throttle, got to around 50-60km/h before I got hit from behind ...