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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 ...

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 ...

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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).

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 ...

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 ...

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 ...

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 ...

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!

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

I'm not saying don't try----after all, you COULD very well succeed with your argument. I personally wouldn't waste my time, given all the effort involved and the odds of success. However, if you've got the time and patience (or just want to use this experience to educate yourself on these things), then go ahead. Just be ready to argue the math ...

You certainly can try your luck with an 11b application, just don't expect to win. Many people don't really understand this remedy and waste their time applying and even worse, telling others to apply. They simply look at the Andrade decision and think that's the law (several decisions have been decided since then!). Plus, they don't understand the ...

I would force a fatal error since the set fine is not correct for the charge.

If the offence is just "Speeding" then at 19 over, you should pay:
19 x $2.50= $47.50 ( as per schedule B )
+ $10 victim fine surcharge
+ $5 court costs ( as per section 1 Reg. 945 )
----------------
$62.50 Total Payable

Now, if the offence is "Speeding – construction ...

1) Rates generally go up as of your renewal date. However, keep in mind that you are under an obligation to report to your insurer all "significant change" in your status as a driver or owner, as well as any change (not just significant change!) that might affect their willingness to insure you at the current rates. Check out section 1.4.1 of your ...

The officer has NO discretion in court once the matter is in the prosecutor's hands. So, there is no guarantee any of your charges will be withdrawn or lowered. Put simply, the prosecutor might NOT want to withdraw the insurance card violation nor lower the speeding offence. So, don't be fooled by the officer's comments---they have no discretion in ...

Obviously, your son needs to get disclosure so that he knows what sign he is being accused of disobeying. The offence of Disobey Sign definitely does exist---it is under section 182(2); the set fine is $85 (plus $20 surcharge +$5 court cost), and carries 2 demerit points.

Keep in mind that even 'speeding' can be considered a 'disobey sign' when ...

The officer's notes themselves are NOT evidence----its his/her testimony that is evidence. The officer is only able to refer to their notes to 'refresh their memory'. So, if the officer writes something in their notes and doesn't testify to it in court, then its not part of the evidence. Likewise, they can testify to things that are NOT in their ...

That should NOT have happened. You are entitled to a fair trial, free of any intimidation from anyone, especially a police officer or court clerk. They had no business talking to you about your case. Other than letting the court clerk know that you are present for your case, the only other person you should talk to is the prosecutor (to see if a ...

If your son was charged with Fail to Remain that means there must be some evidence of a collision. Such being the case, then the officer also didn't buy your son's story either.

As for paying the neighbour and resolving this quickly, it seems that ship has likely sailed. Don't be surprised if the neighbour's insurer seeks claim for anything it ...

I suggest you quickly pay the neighbour her $500 and move on. From the sounds of things, your son was not forthright with either you or your ex; and certainly didn't volunteer any information about his 'arrangement' with the neighbour. If he was innocent, why would he go through such steps. Smells like a 'cover up' to me. The reference to the 17 ...

I suspect the speed measuring device used was a laser (e.g. LIDAR) since "50m nl/g" is likely referring to the locking distance. If a laser was used, then the notes usually provide the locking distance. That is, your vehicle was 50 meters away from the device when the speed of 137 was locked in----that would mean the reading is VERY reliable ...

Jail is a possibility when a person defaults on a fine. Section 69 of the POA sets out the provisions dealing with defaults. You'll see that per 69(15), a JP is given the authority to incarcerate (after a hearing).

It is actually quite rare for JP's to incarcerate on such matters, since they try to give you a lot of leeway in paying. However, much ...

And I will be representing her as I was the driver of the car.
Unless you're a paralegal or lawyer, you'll only be able to represent your mom for an adjournment or guilty plea with her instructions (and maybe appear on her behalf at an early resolution meeting). You won't however be able to conduct a trial on her behalf. You should be aware of ...

I agree with Decatur---there does appear to be a loop to make it a "9". Its hard to tell without looking at the original.

That said, if its still questionable whether there is a loop, then since the test is that the ticket must be "complete and regular on its face", any doubt will go in your benefit. I think a reasonable person would indeed be ...

If you WERE insured at the relevant time, then bring proof of that from your insurance company to your 1st appearance and that charge (the most serious one!) will be dropped. The prosecution will not have a case to proceed on with that charge. As for failing to produce the insurance slip, you are required to produce it upon demand. The officer ...