Ontario Highway Traffic Act

Just wanted to bring to everyone's attention a recent Guelph decision where the JP convicted a woman for using her Apple Watch while driving.

Here's the National Post article:

http://nationalpost.com/news/canada/a-cellphone-taped-to-someones-wrist-woman-looking-at-apple-iwatch-found-guilty-of-distracted-driving

Your dash cam doesn't show the inside of your vehicle, so its of limited use to the elements of the case. The officer says he saw you holding the phone on your lap and using it (which usually includes touching the phone). The prosecution only needs to prove one. Your defence seems to be that the officer couldn't possibly have seen all of that in 3 ...

Be aware that the law applies "while HOLDING or USING a hand-held". You don't have to actually be holding the cell phone to be convicted; simply using it is enough. So, if the cell was on your lap and you were looking at it for any non-emergency purpose, that qualifies as 'using' it. FYI, a driver was convicted when the passenger held the phone for ...

Its quite normal to provide blacked out portions of the officer's notes---its almost always just info about another case. It is rare if it is redacted (blacked out) AND it also deals with your matter. That's almost never done in HTA cases; you'll find it more in criminal court in serious crimes to protect informant identities or other sensitive ...

It would have been nicer to win after a trial, but you still got the desired outcome. Congratulations! Now, put that seatbelt back in your car!

I forgot you were facing two offenses. Your strategy should therefore be different. When you attend court, do not discuss the case with the prosecutor. Simply tell him you want to go to trial. The reason for this is to not give them a chance to obtain MTO files confirming your plate was expired.

Too often, prosecutors do not obtain official MTO ...

As Argyll states, you make the motion for non-suit AFTER the prosecution closes its case (before the Defence decides whether to give evidence).

So, the steps are:

1) Prosecution calls its witness;
2) Defence cross-examines;
3) Prosecution may re-examine its witness on "new" matters brought up during cross-examination (often called 'reply ...

A motion for non-suit should only be made after the prosecution/Crown has 'closed their case' ; it should't be done during a cross-examination. Do it too early and you simply alert the prosecutor of a weakness in their case for which they can simply call up another witness to 'close the weakness', which they are allowed to do since they have not ...

If they try to amend, just argue prejudice---this is the offence you prepared to make answer and defence to. I highly doubt they would even attempt to seek an amendment, let alone succeed. Worst case scenario, that would be grounds for an appeal. Its not just based on a typo or a simple change but rather a completely different charge with different ...

So, for greater clarity, what is the wording and section you have actually been charged with?

The choices should be one of the following:

Drive with seat belt removed 106(1)
Drive with seat belt inoperative 106(1)
Drive with seat belt modified 106(1) or
Driver fail to properly wear seat belt 106(2)

If it's one of the first 3 offences, then you ...

Stanton is correct; your arguments don't meet the due diligence defence for that charge. A reasonable person would ensure their belt is fastened by tugging on it and if relying on some dash light or audible beep would certainly do everything to look for those triggers BEFORE entering the highway (e.g. look at the dash for such warning). Your ...

+1

For Op's benefit, the case is Brampton (City) v. Robinson.

Have you called in to see if they mailed your notice already? It might have already been sent and you just didn't get it (i.e. lost in transit). For all you know, you coulld have already even been found not wanting to dispute the charge for failing to show up for your trial. I would follow up to make sure all is fine.

To plead guilty, you simply pay your ticket. You can do so online HERE
Alternatively, you can attend any POA court in Ontario and pay in person. Once paid, the system is updated and the matter is noted in error on the docket if it gets listed on the trial docket---(e.g. you've paid less than 2 days before the trial date). If you pay the ticket ...

As your charge was reduced, you won't get any further reduction from the prosecutor. The insurance slip charge is certainly not getting dismissed since you already got an amazing reduction!!!! By the way, if you go through with an early resolution telephone meeting, this just gives them the opportunity to give you the Winlow warning (i.e. warning ...