Search found 1722 matches

argyll wrote:Here's the first one that pops up: http://svan.ca/police-rights/
Except that doesn't say when you do have to identify yourself. Following this will, in some circumstances, get you arrested for failure to identify.
Not very useful.

I specifically said to read the ones from the law firms... that is not a law firm link.

As always, anything you say can and will be used against you.

Do a google search for this:
ontario know your rights talk to police

And then read some links from Law Firms (not police) and you will get good idea of what you can do.

If you were not in any kind of accident then you have absolutely no obligation to go see the police or answer any questions. If they had enough evidence to charge you then they would have already done that. You can ignore the letters that they sent you.

No your daughter does not need to be there and probably should not be, so paralegal is correct in that.

And again the cost of a paralegal may be worth it to you as opposed to the cost of time to learn what you need to learn.

Remember though that a 0 demerit point charge can still cause insurance rates to increase. Most likely a 0 demerit point ...

Although I agree with Argyl about not needing to hire paralegal for initial early resolution meeting, in the end the cost of a paralegal is definitely far less than having a careless conviction on her record and may give you some peace of mind as you are not familar with the court process.

If police show up or call you, remember that you do NOT have to answer their questions and do NOT have to tell them who was driving your vehicle.

If anybody is in the north part of Simcoe County (Barrie, Orillia, Midland, Penetanguishene, Wasaga Beach) and is interested in connecting, please PM me.

Looking to connect with others with experience self-representing or representing friends and family.

Thanks

Another comment... You have 3 paralegals lined up to speak with, so that is good. Do NOT go with the first one you talk to until you have spoken with all of them.

Unfortunately some paralegals have no intention of ever going to trial, and think that simply trying to get you a plea deal offer is a win, even though you could have done it yourself ...

You don't need to hire anybody yet. You can plead not guity, request a trial with officer present and then (once you get the notice of trial) request disclosure (officers notes, witness statements, will-say statements).

Now there is a good chance, in this situation, that the prosecutor may consider a plea to a lesser charge. So once you get the ...

Well it is not in anybody's favor necessarily. However what it means is that you probably did a a good job of presenting a defense that the JP must actually take time to consider.

It could still go either way though.

The letter just needs to state that you authorize your friend to represent you.

And you could definitely include any information about financial hardship in the letter that may help convince the JP to reduce the amount.

Worst case is that you do not get a reduction on the fine at all and have to pay the full amount on the ticket. Best case is ...

It could be agued it is a little ambiguous because it says you can press a button to MAKE a call as well:
" while pressing a button on a hand-held wireless communication device to make , answer or end a cell phone call "

I think speed dial would qualify as pressing a button to make a call. But would dialing a number still qualify? That would be a ...

Regulation 366/09 has some exemptions for display screens that are mounted securely:
Requirement that display screens be secure
8. The exemptions in sections 2, 3, 4, 5, 6 and 7 apply only if the display screen of the computer, mobile data terminal or other device is placed securely in or mounted to the motor vehicle so that it does not move while ...

That will not get your ticket dropped. If you bring it up at trial, the prosecutor can just ask for it to be amended/fixed so it won't help you at all.

You should however still plead Not Guilty and request a trial with the officer present, and then ask for disclosure (officers notes) so you can see what officer wrote and determine if the ticket ...

It is a statuatory requirement and can not be waived as long as you do NOT go to trial. I would not take the chance of showing up to trial as they may try to amend it and then at an appeal, you may not win. If you simply do not show up for trial, then they can not amend it and you will win on appeal.

The highest speed the officer observed (and puts in his notes) is the speed he can write on the ticket and the speed that will stick in court. Locked or not is irrelevent.

Well I stand corrected... DBC is an available feature on some LIDAR. Learn something new everyday!

If that happens and you get re-served with correct charge, then I think it is still a fightable offence as it was weather related and outside of your wife's control. The fact that the other vehicle went by you and then spun out on the ice as well helps your case.

If it says NOTICE OF OFFENCE at the top of the ticket (which is sounds like it does if it has option 3), then per highwaystars advice, DO NOTHING and do NOT respond at all and keep the ticket safe so you can force a fatal error. If you show up to court, they are allowed to fix the error, so you do not want to show up for court.

There are two ...

But very unlikely... would have to be a very serious crime for them to try that.

If you want the fatal error to work then do NOT show up for your court date. If you show up for court, then these case laws they have stated above will come into play and they can still have a trial against you even if your ticket is not signed.

However, if you do not show up for court (my recommendation) then you will most likely be found gulty ...

Radar can not target an individual vehicle. The beam is wide and most units now will tell you the speed of the fastest vehicle in the beam and also the speed of the strongest signal in the beam. However it can NOT tell the officer which vehicle is which. The officer must visually guess which vehicle is triggering which speed reading. Obviously if ...

Once the ticket is written and served, it is NOT the officers call on how to proceed. It is fully up to the prosecutor. The prosecutor does not need the officers permission to reduce it or withdraw it.

My opinion again is that the signature is a STATUATORY REQUIREMENT and can not be waived.

If it's electronic, it should have the printed name of the officer in the signature box, which is acceptable.

If it's hand written, it should have a real signature in the signature box.

My opinion is that if there is no signature, then it is a fatal error as long as you do not show up for trial . The case law does not change the actual statute ...

It is a hand printed ticket or is it an electronic ticket (all typed)?

Can you scan and post the ticket (with personal and officer info blanked out)?

The courts have no obligation to give a grace period. Legally, on day 16, they can convict for non-response.

Congratulations on the win. Yes it is all done now with nothing to worry about.

I believe there is charge for proceeding out of a driveway or parking lot onto a road withoug stopping. Sounds like a stop sign for the parking lot is missing, but even without the stop sign that person would probably still be considered at fault.

No you can not retract it. But I don't see why you would want to anyways. You have the right to view the case against you (disclosure/officers notes) and you can just pay the ticket anytime up to the trial without further penalty, so there is no disadvantage to ask for a trial and then ask for disclosure.

And no there is NOT another 45 days grace ...