Ontario Highway Traffic Act

Generally, witnesses who come from out of town are reimbursed for travel expenses. You can contact the courts and inquire about this.

Unfortunately, you can not give the prosecutor's office a generic list; you have to be specific. Generally for speeding you can only ask for the officer's notes and a copy of the speed measuring device's manual: http://www.ontariohighwaytrafficact.com/topic2959.html

Prosecutor's office can ignore long-winded requests and force defendants to ...

Normally the remedy for 'disclosure not received' is not a stay; the remedy is that you get disclosure.

What items did you put in your disclosure request? What has the prosecution given you so far?

You need to re-read highwaystar's post. The fine is incorrect, so even if the officer wrote "Speeding - construction Zone - workers Present" it would still get quashed.

I would maybe wait for other members to chime in here and confirm the lack of 'Workers Present' constitutes a fatal error.

If the JP fails to quash it, you would have to appeal it. You can find more information here: http://www.ontariohighwaytrafficact.com/topic5412.html#p30086

Form: http://www.niagararegion.ca/living/provincial-offences/pdf ...

This appears to be a fatal error. You'll have to go through London v. Young procedure and force a fatal error by not showing: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#BK10

If you show up to court, they will amend any & all issues on the ticket it in front of you: http://www.e-laws.gov.on.ca/html/statutes/english ...

What did you receive in the disclosure package?

You shouldn't open several threads for the same topic, please read this: http://www.ontariohighwaytrafficact.com/topic2871.html

2) Running a driver's abstract at every renewal costs the insurance company money; if they've run your abstract for the past couple of years and haven't gotten anything... then it's less likely they'll spend more money ...

The 172/128 discretion has nothing to do with your past history; most Ontario LEO have a directive to charge under 172 for +50km/hr; even if they wanted to charge under 128, they simply can not.

If you or your representative take this charge to trial and lose, you'll most likely face the minimum $2000 fine.

Lets say you convince the courts that there were no workers present. The courts will simply amend the fine in front of you.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#BK50[quote]Amendment of information or certificate
34. (1) The court may, at any stage of the proceeding, amend the information or certificate as ...

Was the enforcement point on Shoreham & Murray Ross Pkwy? I noticed them on Waze around ~11AM today.

Prosecutor will drop the insurance card if you bring evidence you were insured at the time of the offence. In a plea-deal you're guaranteed to get a no-point amendment for the speeding charge.

You should always request trial; wait for notice of ...

Yes, it's possible the JP will receive a corrected/modified version of the ticket. It's of paramount importance you keep your version of the ticket intact.

Ontario JPs are very familiar with London v. Young and make sure the face of the ticket is proper/regular prior to convicting defaulters. But they're human, and will make mistakes... which is ...

I would schedule a trial date rather than plea to a lesser charge; give the witness an opportunity to show. In a lot of these collision related trials, for w/e reason witnesses tend not to show up.

If the witness doesn't show, then there is no case and the charge gets withdrawn.

Don't forget to request disclosure.

The problem in Ontario is that the courts do not recognize traffic speeds nor design limits. Speeding is an absolute liability offence; they're only concerned with whether you went over the speed limit, and by how much... the why? is irrelevant.

It doesn't appear you meet the necessity defence. The problem with your safety decision is that you ...

R. v. Dixon, [1998] 1 SCR 244 - Supreme Court of Canada 55 It must be remembered that defence counsel is not entitled to assume at any point that all relevant information has been disclosed to the defence. Just as the Crown's disclosure obligations are ongoing, and persist throughout the trial process, so too does defence counsel's obligation to ...