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If you read the case laws on disclosure, the courts have decided that the best remedy for unprovided disclosure is to tell prosecution to get it for you and set a new trial. The only way you would have succesful 11b motion is if you have already been to court twice and the prosecution has not provided the information the court told them to get you ...

For now 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 and copy of speed measuring device manual).

You can pay it anytime before the trial with no extra costs, but in order to decide how to fight you need to see the disclosure first anyways ...

Did you hear back from the paralegal about the outcome of each charge in 2010? Were they succesful in beating all the charges? If they were, then this is just a clerical error and you will need the paralegal to assist clearing it up. It is still your responsibility to have checked the outcome yourself though, and it is not paralegals responsibility ...

Yes that's a much better way! I had not noticed that tab before.

Thanks

Would this be an accurate search of all HTA related O. Regs.?
http://www.ontario.ca/laws?search=highw ... rt_letter=

List shows 190 of them.

Some private property parking lots, like malls, usually have bylaws in place that make them "highways" for the purposes of the HTA.

So have fun on grandpa's back 40, but probably not wise to try it in a parking lot.

Does it have the option to mail it in? If so, then as long as it is post marked by day 15 then it should be okay.

If turning onto street A it would have to stop and not proceed until school bus lights stopped flashing, but vehicles approaching from either direction on street B do not have to stop if they are continuing on street B.

Congratulations on your win!

For future reference, here is case of Improper Muffler 75(1) with some more ideas on how to fight this type of charge:
http://www.ontariohighwaytrafficact.com/topic7285.html

Plead NOT GUILTY and request a trial with the officer present. When you get your Notice of Trial, you can then ask for discloure (officers notes and all witness statements).

After you get this information, you could still just pay the ticket if you really don't want to go to court, however this is the only way to ensure you get everything you want ...

Congratulations on your win! Take it anyway you can

When I read 62(1), to me it says that you only need 1 red light on the back. So as long as one of your brake lights is still working then you should be good.

I always send a fax as it is quick and easy. You scan your letter and upload it to a "send free fax" site.

As Benjamin Franklin said: "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."

The courts have said that RIDE checks are an allowable violation of our rights. I do not believe there is any such thing as an allowable violation, and my right to privacy is infringed when police run checks without any reasonable grounds to do so. I also disagree with the whole argument that driving is a privilege.

Well the section says between sunset and sunrise so sufficient light is irrelevent IMO.

OPP do have ALRP, but not sure how many.

ALRP is just another violation of our rights in my opinion.

Just another thought... you can ask for an Order Excluding Witnesses:
"At the beginning of the trial, you or the Crown may ask the trial judge to order all witnesses in the case to remain outside the courtroom until they testify. This is to make sure that witnesses do not change their evidence based on what they hear other witnesses say in the ...

Also, if you read the officers notes, he does not specify where he saw the bike in his notes, so you need to listen closely when he testifies. There are 4 possible things he could say as to where he saw the bike:
(i) He saw the bike, but does not say where it was.
(ii) He saw the bike on the sidewalk only.
(iii) He saw the bike on the road only ...

The time on the ticket is 10:30 pm. Unfortunately for us, very definitely after sunset. Does the Crown need to have *some* supporting evidence or testimony to establish when sunset was or can the court rightly, in all honestly, assume the offence was after? Either way, Jshek, you make a good point about "insufficient light" being an easy win for ...

What time did this actually occur? The time will be on the ticket. Then google "time of sunset on such and such a date" and let me know what time the sunset was that day.

And as a side note, she is not being charged for swearing so it has nothing to do with the charge so anytime the officer starts to testify anything about what she said, you ...

The only comment I have is that the pulling over part of the video has nothing to do with the charge of not stopping at the stop sign, which is why they would not need to play it all the thru.

There is no requirement for officer to "lock in" a reading. They will testify to the first reading or highest reading they SAW on the radar and that will be considered prima facia evidence of your speed at the time unless you can bring reasonable doubt to the reading, like proving they did not follow manufacturers instructions for testing it ...

Okay so you can probably ask the officer about the amount of traffic on the road, but if the officer says something like "very few vehicles" or "yours was the only one" then there is really nothing else you can do. Officer said it, so that is a fact now unless you have other evidence to prove it is not a fact. You could testify that there was a lot ...

Most people have no clue how the court operates, so when the prosecutor gets a request for stuff like you are asking for, they will just blow it off and not give it to you. If you have given some good reasons why you need it, then I would file an 11b charter application 3 weeks before the trial saying you have not received it as this will force the ...

Objection: Yes, just interrupt and say "I object to that because..."

Whatever the officer says on the stand is evidence unless you can either (i) get him to admit he said something that was in error, or (ii) have a witness that can testify something different. But what side of the road the officer pulled you over on is really irrelevent. If he ...

Plead NOT GUILTY and request a trial with the officer present.

Once you get your Notice of Trial, then request disclosure (officers notes).

You can not make any decisions until you see the evidence against you. Once you get the notes, then you will know what the officer has to say about it and then you can decide whether to continue fighting or ...

See this thread, top of page 3 for most recent update on the tuning fork issue:
http://www.ontariohighwaytrafficact.com ... 82-30.html

You are entitled to prepare your defense and make full answer to the charges.

Anything you want, like manual and VIN number, will have to be argued about why you need it and why it is important to your defense. If you can't convince the prosecutor to give it to you, then you need to convince the JP to make the prosecutor give it to you. If you can ...

Well that is good news!