Ontario Highway Traffic Act

The interpreter tactic won't work. They have lots of interpreters from some very obscure languages like Aramaic, Tigrinya and even Xhosa. They may only have 1 interpreter that speaks that language in the provincial roster, but they'll fly one in if necessary.

The interpreter tactic generally backfires because it just prolongs your case. The court ...

Op, I hate to break it to you but you already HAVE disclosure----its all on the ticket you received. The pictures were enclosed, as was the information regarding speed, intersection and time after the light was red that the car passed through. You seem to be confusing RLC charges with other HTA offences; but its not the same. There is no other ...

You're not doing anything illegal nor immoral by defending yourself. Its your absolute right to do so---even if you did the offence. So, kudos to you for being principled that way. Most folks don't have the time nor energy to waste on such things because they know that the odds of them winning a case like yours are about 1-2%, plus the consequences ...

You're making life overly complex for yourself. Your tactics are just going to work against you.

First off, as has already been said, disclosure is YOURS to be had. YOU are the one who has to follow up and make all diligent efforts to acquire it. In other words, they aren't going to mail it to you, nor are they even going to write to you to ...

While in the past courts were using the 10 month time frame, the SCC decision of Jordan has changed court priorities and now POA courts are going with the 18 month threshold (from charge date to trial). As courts are now being burdened with trying to fast-track criminal matters, this naturally results in greater delays for non-criminal matters due ...

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The speeding ticket will only be amended up at the trial; not when you choose not guilty on the back of your ticket. So, other than time and effort, there's no consequence for choosing the not guilty option on your ticket, and getting your disclosure before deciding whether to pay it or continue fighting it.

If you plead not guilty your speeding ticket will be "amended up" as per the Winlow decision (Ontario Court of Appeal decision). So, you'll be facing the original speed of 131 in a 90 zone. In other words, 41 over (which is 4 points). Your insurance slip charge will stay the same.

The officer gave you a fantastic deal. There is not much chance of ...

...And then, going forward, you need to learn to just leave the phone alone when in the car.
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I have very little sympathy for individuals who think tending to affairs of their lives are excuses to drive and use a cellphone. Just pull over and deal with your life and then get back on the road----don't risk the lives of others because you're ...

Stanton is absolutely correct regarding the speed being at the time the first photo is taken. Put simply, your wife did NOT stop at the bar in time and is guilty. As it is an absolutely liability offence, she won't have a defence.

Look at pic 1; she's going 30km and is at most 1 meter away from the stop bar. Yet, at 30km, the average braking ...

Its always nice to discuss such current legal issues. But, unfortunately, several court cases have now decided that the Jordan parameters also apply to POA (e.g. HTA) cases and the 18 month time-limit applies. I personally suspect that trend will continue and the OCA or SCC will affirm that.

However, kudos go out to you guys for trying to argue ...

In cases where the officer served in an investigatory capacity he/she is not giving expert opinion evidence but rather is simply a layperson witness. They are testifying as to what they directly witnessed. They may have their own opinions on things---but those opinions are not admissible evidence---rather, they must testify as to what they saw ...

Is it possible the officer may have amended his copy and the JP accepted it ? Maybe JP ruled it would prejudice your defence ? Interested to know what happens. I'm not aware of any case law, but, according to my understanding of the POA, that's not an option. If subsection 9(1) or section 9.1 applies, the JP examines the Certificate of Offence ...

As Bend mentions, there's not much you can argue to escape conviction on a no insurance charge---you either had insurance or you didn't. If your son decides to fight the charge, the prosecution will likely call his insurance agent/broker to confirm that he indeed did not have any insurance and was mailed or called several times to tell him about ...

You might be in luck since the charge of "Fail to drive in a marked lane" was amended 1.5 years ago. As of Aug. 10/15, the title for the charge was changed to "Unsafe move - lane or shoulder" pursuant to s. 154(1)(a) with the set fine being $85. Follow this link for corroboration .

So, if you were charged today with "Fail to drive in a marked ...