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Actually, Early Resolution meetings are not a waste of time. You generally meet with the prosecutor within 10 minutes of your appointment time, meet with them in a private office for 3-5 minutes, and are then directed to go in to the courtroom to enter a plea (if you're pleading guilty). Your matter is then usually called up within 15 minutes. Its ...

Always ask in writing. But if the prosecutor says there is no video, then you most likely will not get it.

During cross-examination of the officer you can ask "Why did you tell me you looked at video of incident?"

If he answers that there is NO video then you can say "So you lied to me about that?" Your goal here would be to discredit the ...

Its not wise to file both a section 11b and section 7 application concurrently----here's why:

* to get a stay on an 11b application, you must convince the court that you were READY TO PROCEED TO TRIAL but couldn't because of the delays caused by the system and/or Crown. So, that means, you must prove that you were READY ! No more motions needed ...

Did you put any way for them to contact you when disclosure was ready for pick up? They don't mail disclosure out (too expensive!). So, unless you put a convenient way for them to contact you (i.e. telephone or email), they have no obligation to go out of the way to find you. You are the one with the obligation to take the initiative.

To be perfectly honest, I suspect your 11b application will fail due to not enough time having passed yet. After the SCC decision in Jordan, most POA courts ARE adapting the 18 month ceiling as applying to them. The good thing with the Jordan interpretation is that it eliminates the need to have to establish 'prejudice'---since it will be presumed ...

How has your right to make full answer and defense been prejudiced by the 14 month delay?

That will be the biggest hurdle you'll have to overcome in an 11b application. Clearly, you haven't lost your dash cam footage nor have anything that is overly time sensitive such as a dying witness or someone who is moving away, etc. Remember, you must ...

I wouldn't use the video since it clearly shows you speeding. You certainly were not doing 70km/h because if you time 1 second of footage (just before the incident), you'll notice you easily pass 3 dashed white lane lines. Each dashed white line is 3m with a 6m gap to the next. That's a total of 27m (9m/line x 3lines), which works out to about 97km ...

First off,I posted sections of the Sask. HTA; not the Ontario one. The Ont. HTA is very different in structure, style, wording, and detail. Its far from a carbon copy!!!

Secondly, if the officer doesn't show, the prosecutor can't proceed. They would be unable to ID you as the driver and the video would not be able to be authenticated (and so ...

I agree with Bend---you have not only interpreted the law wrong, but the video speaks for itself that you didn't stop (and the officer was no risk to you).

Re-read section 40(4)(a) of the HTA (Sask).

40(4) The driver of a vehicle shall bring the vehicle to a stop:
(a) at every place where a stop sign is erected...

then, subsection 6
40(6) No ...

I actually don't think they'll give you another offer at trial. If you make them go through with preparing for the case, calling the officer and wasting the witness' time (to come to court), they aren't going to give you anything. Remember, there are included offences in careless driving, so even if they can't prove careless (which I think it not ...

In Ontario Court of Justice, one JP's decision is not binding on another JP. But when you find an Ontario Court of Justice appeal case (not Ontario Court of Appeal) that was decided by a Judge, is that case binding on JP's since a Judge decided it?

That's correct.

To further clarify, a Superior Court of Justice decision is binding on an OCJ ...

argyll wrote:...The worst we ever discussed at work was whether a police officer could be disturbed criminally...

Disturbed mentally is a given, but criminally is a whole different issue!

In the Reiber decision, JP Cuthbertson actually follows the Smith decision (as mentioned in Para 21). He can't overrule it since he is only a JP (and its not the same issue-charge anyway). He simply uses it to help him assess whether FTS:amber light is included within FTS:red light. He rules its not.

Regrettably, a lot of cases don't proceed to ...

Post from 27 Jul 2010:
follow too close is not an included offence in careless. It's just often the offence that people plea to when charged with careless. However, you can not be convicted of follow too close at a trial for careless, or vice versa.

This just proves my point. Careless driving is a very complicated offence because it requires ...

No, your trial is for the offence that you are charged with. It's all or nothing for the Prosecution.

That's actually not correct.

There are several included offences as part of a careless driving charge. For example, Follow Too Closely is one such offence. There are other included offences as well. So, OP COULD be found guilty of another ...

As Jeff suggested, contact the prosecutor's office in writing again and ask for clarification as to whether there is video of you committing the act itself---not after the fact. If there's no additional video, then use what you have to discredit the officer. After all, if the officer's notes say there was only 1 person in the car, but the video ...

...
Am I potentially subject to additional court-imposed penalty (beyond $325) if I end up pleading guilty at trial? Eg for having tied up the judge and police officer's time?...

Once again, its very important to understand the difference between set fines and statutory fines.

If you go to court, you are NOT facing the set fine anymore but ...

...
I don't see why you say what you said here. Are you trying to scare me to plea guilty????
I really don't need your bull ****

Its not bull **** if its true. Don't be so sensitive. :lol:


Satutory fine ???? What kind of bull*** is that??? If I lose the case, I pay whatever on the ticket. Unless the judge want to risk his cosy job, I dare ...

I think if you want any chance at still getting a deal, you better contact the prosecutor via email (in writing) soon. It is almost certain that they will not offer you a 3rd offer (or even the same one!) if you were warned on the record, and especially if you actually make them go through with preparing for the trial and calling the officer as a ...

Democracy is using the rights that were giving to you such as the right to be considered innocent until proven guilty and the right to a fair trial by an impratial person. This means it is well within your rights to take every single charge, no matter how small or minor, to court and have them prove you are are guilty, regardless of whether you ...

One of the first lessons most should learn is that if you're not happy with some law, run for office or lobby your government. That's democracy. Unfortunately, many go to court thinking their displeasure with a law is a defence or going to change things. You're in the wrong building folks!

I pay more to see asport game
I will have a good time with a prosecutor and judge play Judge Judy with me

Good for you! Per-diem prosecutors love people like you who just want to go to court even when they have very little chance of winning because the per-diem gets paid by the hour (at a very good hourly rate too!).

So, knock yourself out ...

Op, you still haven't raised any valid legal basis for a defense. Will your dashcam video show you stopping? If not, then it will only prove the absolute liability offense that you did NOT stop. There's no due diligence defense available on a fail to stop at a stop sign charge.

Besides, your argument about the sign would only be relevant in a ...

Op, the arguments you're raising---while creative, have very little legal basis to assist you. Here's why:

1) By-law not required for stop sign ----put simply, there is no obligation that a municipality MUST pass a by-law in order for a stop sign to be valid. All the provisions you've referred to are 'permissive' in nature where the legislation ...

So long as the person is over 16, properly licensed in their country and hasn't been residing in Ontario for more than 3 months (in any 1 year) (i.e. so you must take in to account multiple visits during the same year), they can drive without an Ontario license. If they don't qualify under that provision, then, they can simply get an International ...

just wondering, what happens if I get hit or a love one gets killed or maimed or seriously injured, by a person who drives "knowingly" with no insurance, and on a suspended license,
Every Ontario auto insurance policy must include "Uninsured Motorist Coverage" ( as per section 265 of the Insurance Act and regulation 676 . The government has ...

It could prove much more costly for you. Out of court, the set fine of $400 applies. However, once you go in to court, the set fine no longer applies but rather the statutory fine. In your case, the range is $300 to $1000. Rarely, will they go lower than the set fine. Rather, on a first offence, some JPs will go as high as $600 (but sometimes more ...

You have to report the accident to the police since there was a personal injury. Otherwise, you'll get charged with fail to report which is less serious than fail to remain but still a HTA offense. So, head over to your nearest Collision Reporting Centre right away.

Its unlikely your case will be dismissed simply based upon you asking for it at your next trial date. After all, you'd have to file a section 7 Charter application (citing the lack of disclosure) to request a stay. The court simply cannot dismiss a case based on a constitutional breach on its own motion or verbal arguments----without both the ...

First off, if both officers don't show up, then the prosecutor can't prove their case and should withdraw the charge. After all, one officer will be needed to prove your ID since they are the one who reviewed your driver's licence and likely gave you your ticket, while the other one is the LIDAR operator (he's the one who needs to be qualified and ...