Search found 29 matches

by hashe31us
Tue Oct 10, 2017 2:02 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Paying ticket after appeal dismissed.

I got a ticket and went to trial and court ruled against me, I filed a motion to appeal. Also, the court extended the due date to pay the ticket to 30 Nov 2017
Today I went to appeal court and the court dismissed my appeal. Do I still have time to pay the ticket until 30 Nov 2017?
by hashe31us
Wed Oct 04, 2017 10:29 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

What would be the best deal I can get from the crown?
by hashe31us
Mon Oct 02, 2017 11:10 am
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

If I ask the crown to change it from 144(18) to Red light camera and she accepts,
Is it going to my driving license record? I am not the owner of the car but I am the driver.
by hashe31us
Thu Dec 15, 2016 8:45 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

What is a "Federal Roadway"? Where is this defined?

The Ontario Highway Traffic Act says that to be found guilty of speeding, one of the things that must be proven is that you were on a "highway".

In the HTA, Highway is defined as:
- includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or ...
by hashe31us
Thu Dec 15, 2016 1:58 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

Your original ticket wil have a SET FINE and a TOTAL PAYABLE.

The TOTAL PAYBLE usually is the SET FINE + Court Costs + Victim Surcharge.

When convicted at trial, for some offences the JP can use a Statuatory Fine instead of the Set Fine. Anyways you would have ask the Provincial Offences Office for the final breakdown of whatever they say you ...
by hashe31us
Tue Dec 13, 2016 8:55 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

I want to serve the transcript to prosecutor but because RCMP issued the ticket I don't know should I give it to Federal persecutor?
by hashe31us
Mon Dec 12, 2016 4:08 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

You can file your appeal immediately after your trial finishes so you do not need to wait for any notices.

You only have so many days (30 I think) to file the appeal from the date of your trial.

You should call the provincial offences office and ask them how to file the appeal (whether in person or by mail).

The reason is in not sure if the ...
by hashe31us
Fri Dec 09, 2016 7:05 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

lolwut wrote:Did you cross examine the officer? If not why not? If you failed to do so, that is not grounds for an appeal.
I did cross examine him.
by hashe31us
Thu Dec 08, 2016 3:53 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

The issue is the date that the notes were made. The error from disclosure is that the date wasn't included, but there would have been a date. What sometimes happens is an officer writes the date at the start of the shift and then makes pages of notes. My best practice was to photocopy the date page and then attach it to the actual incident notes ...
by hashe31us
Thu Dec 08, 2016 3:41 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

jsherk wrote:I have no idea how to deal with RCMP. I have only dealt with OPP and Municipal Police in Ontario.

Call the provincial offences office and ask them and they will tell you where you need to file things.
Can I mail my notice of appeal to the court or should I go in person?
by hashe31us
Thu Dec 08, 2016 2:50 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

I'm still confused as to what you are going to be claiming was the JP's error in law. Is it just that the officer may have been speeding and therefore all the evidence should be thrown out ? This is an argument that only comes into play for the most egregious breeches such as an unauthorised search of a dwelling or wiretap.

I think this is not ...
by hashe31us
Thu Dec 08, 2016 9:43 am
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

jsherk wrote:It can be general as "Justice of the Peace made an error at law".
As this is a RCMP matter should I serve the notice of appeal to the Federal persecutor office for this mater?
by hashe31us
Wed Dec 07, 2016 8:19 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

When I write the Appeal ground should it be in detailed or I can be as general as: Judge made an error in Law
by hashe31us
Mon Dec 05, 2016 10:28 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

Before I start my appeal, I want to now if I receive a Conviction Notice in the mail?
by hashe31us
Thu Dec 01, 2016 10:57 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

Can I mail my notice of appeal to the court or should I go in person?
by hashe31us
Thu Dec 01, 2016 3:50 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

Just to be clear - this was in Ontario, right? It isn't often that the RCMP write traffic tickets in Ontario.

It isn't just notes that the letter above says they didn't have, it says they have nothing. This suggests that either they made an error or you made an error somewhere in your request perhaps to whom you sent it. This doesn't show that ...
by hashe31us
Wed Nov 30, 2016 10:10 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

Could please someone help me? I need to know what is the case/Law that says Officer should write its note as soon as possible?
by hashe31us
Wed Nov 30, 2016 7:33 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

argyll wrote:Without seeing what request you made and what the response was it's difficult to comment. ATI is a bit of a minefield.
I have uploaded the RCMP letter in my previous response. Please check it out
by hashe31us
Wed Nov 30, 2016 6:52 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

argyll wrote:Something isn't right. There's no way you would have a FOI response 20 days after the incident. They take along time. Could it have been some other response?
http://laws-lois.justice.gc.ca/eng/acts/a-1/

They have 30 days to respond when you request the information. This is only for Federal Government record which includes RCMP
by hashe31us
Wed Nov 30, 2016 4:56 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

Did you submit a disclosure request to the crown or just an FOI request to the RCMP?
I did to the crown but I did it Separately I requested it through Federal Access to Information act because it was an RCMP matter and the any document is the Federal document and its subject to that Act they have the obligation to provide you that information but ...
by hashe31us
Wed Nov 30, 2016 2:38 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

lolwut wrote:What would your objection have even been?
RCMP officially stated 20 days after the ticket that there is no such a note existed.
by hashe31us
Mon Nov 28, 2016 6:43 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

When prosecutor asked the judge if the officer can use his note, the judge didn't ask me if I have an objection, Is this could be ground for appeal?
by hashe31us
Thu Nov 24, 2016 7:26 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

except transcriptions, is there any other cost involved?
by hashe31us
Thu Nov 24, 2016 4:20 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

If I appeal, what do I have to loose? I have been convicted with the set fine. Are there any bad consequences like the prosecutor can change the charge or increase the fine? Please help me
by hashe31us
Wed Nov 23, 2016 10:02 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

argyll wrote:Does the note say they didn't have any or did it say they didn't have anything ready to share with you. The RCMP wouldn't give you anything directly, it would come from the Crown.
They said they searched all of their documents and they do not have such a note.
by hashe31us
Wed Nov 23, 2016 9:57 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

Ottawa. I requested the disclosure from prosecutor as soon as I received the court date but they didn't give me the officers note more than 3 month later. Also, officers not doesn't have a date written. I asked officer in the court specifically that if the note belongs to the RCMP or you and he said:RCMP. But RCMP letter shows they didn't have it ...
by hashe31us
Wed Nov 23, 2016 9:45 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

I believe the officer should write the note as soon as he writes a ticket and if he writes a note 20 days after the offence it is not credible. Because this was a RCMP issue so all document are belong to Federal Government and subject to Access to Information and Privacy Act. I used Privacy act to ask the RCMP to provide me all the information ...
by hashe31us
Wed Nov 23, 2016 4:00 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Re: Appeal Red light conviction

This was an RCMP matter and I had a document from RCMP that they didn't have any documents (including officers) note 20 days after incidents, I presented this to the judge but she didn't accept it. I want to use this as ground of my appeal. Do you think does this a good ground?
by hashe31us
Tue Nov 22, 2016 4:48 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 27376

Appeal Red light conviction

So I was convicted of proceeding green before red light and I want to appeal it because I am completely not guilty. I entered the intersection when my light was green. When I tried to turn left some cars started sooner (or maybe the timing of the light was having an issue). The other cars horned and the officer who was on foot pooled me over and he ...