Search found 1722 matches

Pretty sure you can not do anything about the charge now.
When you are found guilty of a charge you never knew about, you can get it re-opened when you find out about it, but this does not apply to you.
When you are found guilty of charge that you do know about, you have 30 days to file for an appeal, but you are long past this point.

I believe ...

Okay so given that the disclosure does not appear to have any evidence of the one charge, makes it easy to beat. If the prosecutor offers to drop it if you plead guilty to the other one, then I would not accept that as there is no evidence anyways so they will have to drop it regardless.

Let's assume you can actually get the officer to admit (while on the stand) that he said there was a camera in the car even though he knew there really was not actually one... I don't think it will make a difference. The JP gets to "weigh" all the evidence given, so although this may look negative towards the officer, it will not have much weight ...

If there are two seperate charges, then I would have made two seperate disclosure requests, one for each charge. Did you just make one disclosure request? If you only made one, then they could possibly have missed that it was for the two charges and only seen the one request.

Yes they have up to 6 months to charge you under the Highway Traffic Act.

What was the charge (name and section number)?

Does it say NOTICE OF OFFENCE at the top of the ticket or SUMMONS?

I recommend you plead Not Guilty and request a Trial with officer present. Once you get your notice of trial with the trial date, then you can request ...

You could also make another disclosure request and specifically ask if the officer has other notes (electronic or hand written) besides what was provided to you.

What do officers notes say?

If you are charged, then the driver of the truck (or another witness) would need to show up at court to testify against you. You would then have an opportunity to cross-examine this person and ask them about all the other events and you would try to get them to admit what they did and try to get them to admit that you went by slowly.

After you ...

Even a 0 demerit point conviction will affect your insurance. Demerit points and insurance companies are two deffirent things. Inusrance companies do not look at and do not care about demerit points. For example, if you get a speeding ticket, all your insurance company only sees a SPEEDING CONVICTION and how much over is irrelevent. They do not ...

You have already gotten your Notice of Trial? You should now send a letter and ask for Disclosure (officers notes).

At the trial, you must ask the officer all those questions while the officer is still on the stand. This is called cross-examination.

The officer will take the stand and then the prosecutor will ask for the officers side of the ...

You can pay it anytime before the trial and the trial will be cancelled.

You can go to trial and plead guilty and ask for a reduced fine by telling the JP your sob story about how financially hard up you are. Note that the demerits (if any) will not be reduced and it will still affect your insurance.

So the notes look pretty good (as in good for the officer, not good for you).

Now if you take it trial to fight, they will raise it up to 19 over at the trial which means 3 demerits and a slightly larger fine. But remember demerits really don't mean much unless you already have 6 or more accumulated. And a 15 over ticket with 0 demerits will still ...

Ah yes... there is a disctinction as to whether they are charging you as the OWNER of the vehicle or the DRIVER of the vehicle.

If they are charging you as the OWNER then (if convicted) the charge does NOT show on your driving record and does NOT affect your insurance. But I think they would still need a witness at the trial to identify the vehicle.

Did you actually answer the questions that officer asked you? You realize that you did not have to answer any questions and that anything you said can be used against you!

Did you get a SUMMONS for all three of these offences, all with the March 23rd date? Or do any of the tickets say NOTICE OF OFFENCE on them instead of SUMMONS? The date on the ...

Remember that even if you take a plea deal down to a 0 demerit point charge, it can still affect your insurance.

All tickets you get, even 0 demerit ones, can cause your insurance to go up.

I recommend you plead Not Guilty and request a Trial with the officer present. Once you get the Notice of Trial, then request disclosure (officers notes). Once you get the notes, scan then and post here for us to take a look at.

Well again this a problem...

If there is no proof the speedometer is actually reading correctly, then just because the radar says the same as the speedometer, does not make the radar correct either.

Gas pumps have to be calibrated and certified every now and then to a known standard (the litre) to make sure that when it says 1 litre on the pump ...

This is a great ticket to use to learn about how the court system works. So even if you go to trial and lose, it still will not be on your driving record and will not affect your insurance.

I recommend you plead Not Guilty and ask for a Trial with the officer present. Once you get your notice of trial, you can then request disclosure ...

Posted R. v. McPherson case law a few replies up above.

Well I could be wrong as well... I would suspect that MTO knows more about it than me!

A re-opening means there was a problem with the first trial, so the conviction should be removed from your record upon the re-opening being granted. So it should be like you had not had a trial yet and therefore there should be no conviction on record. Only if you are found guilty at the new trial would the conviction re-appear on your record.

I ...

What I want to look into is that since the OPP radar (Genesis II) test requires that they test it against a vehicle of known speed (which is usually the patrol car itself that it is mounted in), you have an issue where "the radar speed matched the speedometer speed". But if the speedometer is not calibrated then you have a problem... yes they ...

Again, just my opinion, but...

3(2) says "by completing and signing" ... what is it that must be completed and signed?

In (a) it says the Certificate of Offence is what must be completed and signed.

And in (b) is says either Notice of Offence (with set fine) or the Summons is what must be completed and signed.

If "completing and signing ...

There are two parts to the ticket... the Certificate of Offence which the officer files with the court and the Notice of Offence which the officer gives to you.

The Certificiate of Offence definitely needs to be signed. If it is not signed, then it is a fatal error. But the only way to determine whether it is signed or not, is to go to the Clerk's ...

The bigger the city, the longer the wait to get a trial and the better likely hood you can get off with an 11b application.

About 3 to 4 weeks before your trial date, you should file all the 11b paperwork so that on your trial date it is ready to go.

Well the good news with camera tickets is that you are being charged as the OWNER of the vehicle and not the DRIVER of the vehicle. This means it will not appear on your driving record, you will not lose any demerit points and it will not affect your insurance.

They have up to 6 months from the date of offence to charge you with it. So if they ...

Unfortunately our system has different rules for different people.

If you have proof (video is best) of an officer breaking the law in some way that there is no exemption for, then you either need to find another police officer or bylaw officer that is willing to lay the charge (good luck with that), or meet with a Judge/JP and lay private charges.

At your first summons date, if you say you will plead not guilty and want a trial then they will set a trial date. But if they just gave you disclosure, and you did not specifically ask JP for a trial date, then usually they will give you time to review the disclosure and then you have to come back and then they will ask you if you want plead ...

No, the number being wrong is not an issue and will not get the ticket dropped.

However, I still recommend you 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). Once you get the notes, scan and post them back here so we can take a look at them and ...

What sort of case law is out there with regards to speedometer calibration in police vehicles? Is officers testimony that it was calibrated sufficient, or is some kind of documentation required?

Thanks