Search found 380 matches

by highwaystar
Mon Dec 01, 2014 2:20 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 20km reduced to 65 (Help with reading notes_
Replies: 5
Views: 2761

Re: Speeding 20km reduced to 65 (Help with reading notes_

The officer has very good notes---but they ARE hard to read due to their penmanship. However, they clocked you at 70km but reduced it to 65km in a 50km zone. In other words, he/she reduced it to an offense with no points and a lesser fine. There are no glaring errors in the officer's notes. In fact, given the detailed checklist the officer provides ...
by highwaystar
Mon Dec 01, 2014 11:05 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 20km reduced to 65 (Help with reading notes_
Replies: 5
Views: 2761

Re: Speeding 20km reduced to 65 (Help with reading notes_

Request typewritten notes as they ARE pretty hard to read--even for experienced folks. More than likely though, they will simply allow you to speak with the officer so that he/she can over them with you. The officer performed thorough tests both times---once at 7:45pm on Aug. 31/14 and then at 2:50am (on Sept. 1/14). So, check to make sure your ...
by highwaystar
Tue Nov 18, 2014 10:35 am
Forum: Red Light Camera Ticket
Topic: Red Light Camera Ticket - Ottawa
Replies: 4
Views: 13878

Re: Red Light Camera Ticket - Ottawa

+1
Its almost always reduced by the prosecutor. And, as ynotp indicated, its usually reduced to $150-$175 (depending on the jurisdiction). Plus, if your financial circumstances are pretty dire, JP's will sometimes issue a 'suspended sentence'--meaning you get no fine (but that's only in rare cases).
by highwaystar
Tue Nov 18, 2014 12:10 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding ticket: Chose option 2 (early resolution) Need help
Replies: 8
Views: 6682

Re: Speeding ticket: Chose option 2 (early resolution) Need

Modify the letter for your needs. Specifically request disclosure be provided BEFORE your early resolution meeting ("ER"). In 95% of the cases general disclosure is given to defendants at their ER anyway without them ever needing to request it. However, request letters serve to request more disclosure specific to the case and serve as proof of the ...
by highwaystar
Mon Nov 17, 2014 8:31 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding ticket: Chose option 2 (early resolution) Need help
Replies: 8
Views: 6682

Re: Speeding ticket: Chose option 2 (early resolution) Need

1) Fax the prosecutor's office your disclosure request. Repeat the request (if necessary) once you are notified of the resolution meeting date.
2) You should then be able to pick it up a few days before your meeting. If not, they'll simply give it to you on the day of your meeting. Simply ask for time to read it.
3) After about 10 minutes, you can ...
by highwaystar
Fri Nov 14, 2014 2:13 pm
Forum: Failing to obey signs
Topic: Disobey Sign (H.T.A 182.2)
Replies: 5
Views: 6622

Re: Disobey Sign (H.T.A 182.2)

If that is what you truly did, then it is not illegal. Just keep in mind that it appears there is security video of the area (as noticed on the sign at the corner of Green Belt Dr and Nob Lane). You will therefore have to review the disclosure to see whether they have video of you and secondly, will want to know where the officer was located that ...
by highwaystar
Thu Nov 13, 2014 7:58 pm
Forum: Failing to obey signs
Topic: 11B- need some help
Replies: 1
Views: 1866

Re: 11B- need some help

Re-check those dates since I think you might have made a typo and meant your offence was in 2014; not 2013. After all, was your offence date really on March 27, 2013 and your trial today---19 months and 7 days later? If so, then you definitely have an 11b case. No question about it.

Now, if your offence date was actually on March 27, 2014, then it ...
by highwaystar
Wed Oct 29, 2014 10:08 am
Forum: General Talk
Topic: Open Container of Beer in Car
Replies: 2
Views: 2380

Re: Open Container of Beer in Car

The "I am a broke student" argument isn't going to fly either. You clearly had money for beer, weed AND gas to go party! :)
by highwaystar
Sat Oct 25, 2014 7:56 pm
Forum: General Talk
Topic: mistake on representative
Replies: 7
Views: 2177

Re: mistake on representative

Please disregard my earlier post(s) on this thread---I'm wrong! jsherk is correct.

In reviewing the laws again, its clear that the Law Society DOES have authority to make by-laws as to who is able to provide legal services without being licensed (i.e. section 62(0.1)(25)). Accordingly, the exception set out in by-law 30(5) of the Law Society is ...
by highwaystar
Sat Oct 25, 2014 5:39 pm
Forum: General Talk
Topic: mistake on representative
Replies: 7
Views: 2177

Re: mistake on representative

The Law Society Act and the Law Society's By-Laws are not the same thing. Section 1 of the POA is clear that only a person authorized under the Law Society Act to represent a person in that proceeding will qualify as a "representative" for POA matters. The Law Society Act therefore has to be clear and unequivocal on allowing a person such ...
by highwaystar
Sat Oct 25, 2014 11:34 am
Forum: General Talk
Topic: mistake on representative
Replies: 7
Views: 2177

Re: mistake on representative

If you're not a lawyer or paralegal, you can only represent your mom for a guilty plea or adjournment in court; nothing else. You certainly cannot represent her at trial or any Charter motions. Section 82 of the POA allows a defendant to act by representative. However, section 1(1) defines "representative" as being a person authorized under the Law ...
by highwaystar
Fri Oct 24, 2014 7:46 pm
Forum: Failing to obey signs
Topic: HEAVY TRUCK
Replies: 3
Views: 4900

Re: HEAVY TRUCK

The bottom line is that there is no definition of "heavy truck" in the HTA. It all depends on what the JP chooses to accept as meeting the definition. On appeal, the court accepted this position in the Boyd decision . .

While in that case there WAS a by-law in existence that defined 'heavy truck', I believe the court's justification was wrong ...
by highwaystar
Thu Oct 23, 2014 5:35 pm
Forum: Driver failing to wear a seat belt
Topic: option 2 or 3?
Replies: 1
Views: 3168

Re: option 2 or 3?

Option 2 is likely your best bet since you can generally conduct the early resolution meeting ("ER") via phone (given your distance). That way, you'll be able to chat with the prosecutor and hopefully get a deal without driving the distance to court. Some JP's won't lower the fine below $200 (regardless of whether the prosecutor and you agree to a ...
by highwaystar
Wed Oct 22, 2014 8:14 pm
Forum: General Talk
Topic: hand held device, it was only an ear attached bluetooth
Replies: 2
Views: 1598

Re: hand held device, it was only an ear attached bluetooth

It seems as if English may be your second language and you didn't really understand the court process. The duty is on the defendant to know their rights; no one has to teach you them. If you knew your English was not good, you should have requested an interpreter. If you didn't know your rights, you should have retained a paralegal or lawyer (or ...
by highwaystar
Wed Oct 15, 2014 7:48 pm
Forum: Driver failing to wear a seat belt
Topic: Passenger failing to wear a seat belt
Replies: 4
Views: 3799

Re: Passenger failing to wear a seat belt

While I think you have some good arguments to raise reasonable doubt, something also sounds unbelievable about your story. Are you saying that you had your seat belt on while the car was in motion, but you took it off between the time the officer got out of their car to approach the one you were in? Logically, if the officer noticed movement in ...