It does not cost bags of money to appeal... you need to pay for the transcripts and take another day off work.
But if the manual says they have to do it both before and after, then you should definitely present this to the JP. And if the JP does not accept it, it should be fairly easy to win at an appeal in front of a Judge.
Search found 1722 matches
- Fri Mar 04, 2016 9:34 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Lidar test before & after means?
- Replies: 18
- Views: 6905
- Wed Mar 02, 2016 10:22 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding in Algonquin
- Replies: 19
- Views: 5904
Re: Speeding in Algonquin
So looking at the disclosure, there is no mention in the officers notes of the information you gave.
So for somebody who is really good at cross-examination, this could be a good thing and they might be able to bring in reasonable doubt to officers testimony over losing sight of vehicle for several minutes. The downside is that you do not know how ...
So for somebody who is really good at cross-examination, this could be a good thing and they might be able to bring in reasonable doubt to officers testimony over losing sight of vehicle for several minutes. The downside is that you do not know how ...
- Wed Mar 02, 2016 4:55 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding in Algonquin
- Replies: 19
- Views: 5904
Re: Speeding in Algonquin
You only have 15 (30?) days after conviction to file appeal so unfortunately it is too late.
- Wed Mar 02, 2016 4:25 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding in Algonquin
- Replies: 19
- Views: 5904
Re: Speeding in Algonquin
If that ever happens again where the JP or Judge forces you to review the disclosure on the same day as the trial and will not give you another date, then that is excellent grounds to win on an appeal. You have to have adequate time to prepare your defence!
Yes it is more time and more money but still the appeal process is there for us to use.
Yes it is more time and more money but still the appeal process is there for us to use.
- Wed Mar 02, 2016 4:17 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding in Algonquin
- Replies: 19
- Views: 5904
Re: Speeding in Algonquin
Can you scan and post notes here so we can review? Black out any personal info.
- Wed Mar 02, 2016 3:47 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: HTA 144 (18) help
- Replies: 3
- Views: 2047
Re: HTA 144 (18) help
Mispelled names and incorrect drivers license are NOT fatal errors and will not get your ticket dropped. If you mention it at trial, they can just amend and correct it at the trial. This is not a defense.
In order to see if you do have a defense though, you need to get disclosure.
You should plead Not Guilty and request a trial with the officer ...
In order to see if you do have a defense though, you need to get disclosure.
You should plead Not Guilty and request a trial with the officer ...
- Wed Mar 02, 2016 1:48 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: WIN speeding 26 over
- Replies: 9
- Views: 4678
Re: WIN speeding 26 over
I came up with it myself and have not seen it used before.
If the radar evidence was excluded, then there is no evidence to your speed and the charge would have to be dropped.
I really can't speak to the prosecutors reasons. There was another guy that he sent out with officer to review officers notes, and while they were out there he told me that ...
If the radar evidence was excluded, then there is no evidence to your speed and the charge would have to be dropped.
I really can't speak to the prosecutors reasons. There was another guy that he sent out with officer to review officers notes, and while they were out there he told me that ...
- Wed Mar 02, 2016 12:26 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: WIN speeding 26 over
- Replies: 9
- Views: 4678
Re: WIN speeding 26 over
Well what happened is that because I filed the motions, my file got put at the bottom of the pile. At the end of the morning they had two trials to do, but only time for one, so the prosecutor decided to work on the other one as the charge was more serious. He did say if the other person was going to plead guilty and not go to trial that he would ...
- Wed Mar 02, 2016 11:42 am
- Forum: General Talk
- Topic: Detailed Disclosure Request for Radar Gun Ticket
- Replies: 18
- Views: 7108
Re: Detailed Disclosure Request for Radar Gun Ticket
Prosecutor sees them before they are sent and can clearly see (pun intended) whether or not they are clear.
- Wed Mar 02, 2016 10:52 am
- Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
- Topic: Failure to pull over
- Replies: 22
- Views: 12470
Re: Failure to pull over
Oh sorry, yes I see that now... did not read the earlier posts!
- Wed Mar 02, 2016 10:50 am
- Forum: General Talk
- Topic: Detailed Disclosure Request for Radar Gun Ticket
- Replies: 18
- Views: 7108
Re: Detailed Disclosure Request for Radar Gun Ticket
Yes you should send another disclosure request for a typed copy of the notes as they are illegible as is. And I would also request the following pages from the manual: Operating Modes, Testing The Device, Specification, and Legal Requirements. Make sure you say something like "I require these sections of the manual in order to properly prepare my ...
- Wed Mar 02, 2016 9:10 am
- Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
- Topic: Failure to pull over
- Replies: 22
- Views: 12470
Re: Failure to pull over
I assume this charge is for not pulling over for the ambulance? And the officer that wrote the ticket was on the side of the road with the other vehicle?
Remember, NEVER lie on the stand, but if your testimony is along the lines that by the time you saw the ambulance you did not feel you could pull over because of the other vehicle and police car ...
Remember, NEVER lie on the stand, but if your testimony is along the lines that by the time you saw the ambulance you did not feel you could pull over because of the other vehicle and police car ...
- Wed Mar 02, 2016 8:55 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding in Algonquin
- Replies: 19
- Views: 5904
Re: Speeding in Algonquin
I would plead Not Guilty and request a trial with the officer present. Once you get your Notice of Trial, then you can request disclosure (officers notes, speed measuring device manual). Once you get the disclosure, post it here and we can give better advice once we read it.
- Mon Feb 29, 2016 10:16 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Lidar test before & after means?
- Replies: 18
- Views: 6905
Re: Lidar test before & after means?
The courts have decided that a police officer can pull you over anytime to check your license, insurance and registration, so yes they can pull you over any day of the month.
Now if you mean that your sticker was said JAN 2016 and they pulled you over on Jan 31 to check if it was valid, then yes this is also legal. Many do not realize that their ...
Now if you mean that your sticker was said JAN 2016 and they pulled you over on Jan 31 to check if it was valid, then yes this is also legal. Many do not realize that their ...
- Mon Feb 29, 2016 3:17 pm
- Forum: Stunt Driving
- Topic: Excessive Speeding in Quebec
- Replies: 9
- Views: 3932
Re: Excessive Speeding in Quebec
Well just go with the same company again!
And you could answer honestly with "Yes, but not in Ontario and it does not appear on my record."
And you could answer honestly with "Yes, but not in Ontario and it does not appear on my record."