Ontario Highway Traffic Act

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 ...