Ontario Highway Traffic Act

RESOLUTION:

In case anyone is interested I had my trial this week. My plan was to: A) ask for dismissal because they charged me with the wrong section of the Act [148(8)(b) instead of 148(8)(a)]. I planned to tell the JOP that there was no evidence to support the charge; B) if they would not dismiss I'd ask for an adjournment to prepare for the ...

Thanks Everyone,

A few questions: What are 11b points?

Also, if I move to have the trial, how do I get the disclosure? Do I need to apply for it or is it simply provided?

If the disclosure looks bad, is there still an opportunity to try and work a deal with the prosecutor? As you say, on the day of the trial?

thanks again

Thanks for the advice.

Is it worth meeting with the prosecutor to see what she's got up her sleeve? Maybe I'd get a chance to see the cop's notes?

If 6 months goes by can they still amend the charge?

Also, is there a chance by meeting with the prosecutor I might be able to plead down to something lesser? I have a perfect driving record.

thanks ...

Just remember that when you show them they made a mistake, this gives them an opportunity to correct it. In my opinion, you should cancel early resolution meeting and say you plan to plead not guilty and want a trial date. Do NOT tell them about the mistake. On the trial date you and your friend can show up, and when the officer is on the stand ...

Hi jsherk, thanks for getting back to me.

The cop's notes on the ticket say "pass - roadway not clear overtaking traffic". So his wording matches the Section I've been charged under. But the fact remains that there was no issue with overtaking traffic. The lane beside me was clear when I pulled out to pass, and nobody was trying to overtake me ...

Before Christmas I was following a truck on Highway 28 near Peterborough, two lane highway divided by yellow line. As it was moving quite slowly I pulled out to pass, in a legal dashed-line passing area. However, once I was out in the left lane I realised there was a car in front of the truck, which I couldn't see (because the truck was following ...