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There is always more than one way to do things. My advice is just my opinion and how I would probably handle it. But you are definitely thinking things thru, so I can see that you could have some success with your method as well. And you would definitely have some good reasons for appeal if the JP allows the trial to go thru as well.

I really don ...

Glad it all worked out!

REQUESTING DISCLOSURE OF RADAR/LIDAR MANUAL

The courts have decided that when you ask for a copy of the manual for the speed measuring device used, that the prosecution only has to provide you with part of it and not the whole thing, unless you can give reasons why you need the whole thing.

So my suggestion is that when you request disclosure ...

You need to send the new request for disclosure, as you are entitled to it, even if the trial is only a week away. I would also add a request for a new trial date so that you and the officers do not need to show up to the one next week. They may or may not give it to you, and you might have to go to the trial and request an adjournment. All you can ...

And a couple more comments cross-examination:

When the officer that pulled you over is on the stand, he will pretty much say word for word what he wrote. When it is your turn to cross-examine him, the questions you can ask are:
- You stated that I was driving on a highway as defined by the Highway Traffic Act? (should answer yes)
- And you stated ...

Just an FYI that the Genesis II Select Directional is RADAR not LIDAR.

So I would immediately send another disclosure request and say something like the following:
- It has come to my attention that I have only received a copy of the notes from the officer who stopped me, but not the notes from the officer that apparently was using the speed ...

Yes you should have gotten notes from both officers and they both must be at the trial. One will testify as to issuing the ticket and identification and the other will testify to speed.

Remember that a 10 over (0 demerit points) and 29 over (3 demerit points) will affect your insurance exactly the same. So taking the 10 over charge will mean a ...

They can not intimidate you to do anything. Just say no. You probably will not even meet the prosecutor when you go to pick it up as they will just leave it with reception.

You could try to schedule meeting with prosecutor and show pictures, but this may or may not get you anywhere. You need to schedule meeting before you go.

Yes keep the ticket you got safe as AND scan both sides and email to yourself just in case.

Personally I would NOT tell the police and would NOT tell the clerk of the court and would NOT tell the prosecutor about the mistake as they can re-issue the ticket within 6 months by summons.

You were NOT properly served! So if a conviction is registred ...

Call the Clerk of the Court in Barrie and ask them for specific contact information for prosecutor.

Are both the name and the drivers license on the ticket incorrect? Or specifically what information is incorrect?

January 26 is your trial date so you should not forgot about it until then. You need to start preparing for your defense or finding a good lawyer to represent you. Waiting until the last minute will almost guarantee you lose.

I know that's not what I said, but it is what I meant to say which is why I clarified it.

My fingers don't always type what my brain is thinking.

My point was that they can't make up charges and give you invalid tickets for having a bad attitude. If they charge you for something, then it had better be a valid charge.

I usually send a letter (not a motion) signed by the person you are acting for.

See this thread: http://www.ontariohighwaytrafficact.com/topic7284.html and download the PDF file linked in the second post, and read the very first page.

OPS Copper wrote:You won't talk yourself out of a ticket in most cases. However you will talk yourself into one.

Exactly... so just don't say anything!!

Okay if it is not a criminal charge then the 6 months apply...

You plead not guilty and request a trial with officer present.

You wait for your notice of trial and if the date is more than 6 months away then you just sit and wait and do nothing until you passed the 6 months mark. After the 6 months you request disclosure and then wait for the ...

@screech - what you said is exactly what I meant.

I am just saying don't walk in the door and say "I am going to plead guilty to this one. What about these two?"

I don't know the answer to that question because I believe this is a criminal offence as opposed to provincial offence. With provincial offences, like speeding, they have up to 6 months to re-issue a new charge. I am not sure how it works with criminal charges.

First of all, do NOT tell them about the mistake. They are allowed to re-issue the charge if you tell them there is a problem.

Second, it is a serious charge so you may want to consult with a lawyer. I would interview 3 or 4 lawyers before you decide to go with one.

Did you get a ticket (Notice of Offence) or a summons?
If a ticket, then I would ...

The only problem with the study is that you do not know whether the officer might have reduced it anyways even if you did not say sorry! But interesting none the less!

And even a reduced fine with no demerits still affects your insurance the same, so for me I would fight it whether they reduced it or not. So I will just continue to stand up for my ...

The motor vehicle involved not being check will hold zero weight. Minor errors on the ticket hold no weight in these offences.

The sidewalk not being a highway is the main one for sure though!

Again I love that you want to go after it the way you do. But you have to play by the rules of their game!

If you have an EXPERT WITNESS bring the "physics" testimony then you definitely have a chance.

Could you pull it off yourself? Well possibly. But you have an uphill battle in trying to convince a JP if you are not considered and expert in ...

@screech - You mis-understand... perhaps I did not explain what I meant very well... the prosecutor will absolutely be aware of the charge, but you don't want to tell him up front you plan on pleading guilty to it. Just deal with the two other charges and then let him make the offer. If he knows you are going to plead guilty to the first one BEFORE ...

I would suggest you need at least 2 weeks to review the disclosure.

I would send request immediately for disclosure and then if you don't get it within 2 weeks of trial you can call Clerk of the Court and ask if they will move trial, or you can show up on the trial and ask the them to move it.

My experience is this:
Don't give a statement = definitely get charged
Be nice, polite, apolgetic and give a statement = still definitely get charged.

I never suggested above that you should be rude or impolite. I simply say, very nicely "No comment." or "Am I required to answer that?"

This is your RIGHT to not say anything. The law says you do ...

Call the police and report it and tell them what you think happened, and give them any information about the cab (driver, company) that you can.

And then leave it with police to do the rest.

Because you were not in your car when it happened and it was parked, it should not count against you when you claim it thru insurance.

I would choose NOT GUILTY on all three of them and ask for a trial with the officer present. Once you get your notice of trial, you then want to ask for disclosure (copy of officers notes).

Once you get the notes, then you can decide better how to proceed.

Probably you could do this:
Ask for a meeting with prosecutor before the trial date.
Take ...

@rank - Another good question I don't know the answer too!

I am inclined to believe that once you are on the stand, regardless of the reason you got on it, then they can ask you anything and you must answer truthfully. So I don't think you can be on the stand as an expert witness only but not as the driver. I could be wrong on that, but that is ...

Call the Clerk of the Court at the appropriate court house and ask them if they can change it for you over the phone.

If they will not do it over the phone, then send a fax to both the Clerk of the Court and one to the Prosecutors officer explaining why you can not attend and asking for a new trial date.

The sooner you make the request, the ...