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Stanton brings up a good point... you should contact the clerk of the court and tell them that you actually want a "re-opening" and not an "appeal". A re-opening would indeed be a new trial with the officer present, where as the appeal is requesting a new trial for an error at law (which really there are none). So I think the appeal is the wrong ...

Well an appeal will pretty much always be granted. I have never heard of anybody not getting their appeal request approved (as far as provincial offences go).

It could be an entirely different prosecutor at the appeal, and yes they very much could object to the new trial.

However along with your reasons for being late, you should also include the ...

The appeal is not a re-trial and the only evidence reviewed at an appeal is what was brought forward at the original trial. No new evidence can be entered at an appeal.

Since the crown would not re-call your name at the court house, you have been found guilty and convicted of the charge and you will receive the notice in the mail and you MUST pay ...

Good news! Congratulations on the win.

The prosecutor probably reviewed the officers notes and realized that information was missing and decided to drop it.

Well that is good news at least!

I got a response back for my Freedom of Information Request about "tuning fork test requirements removed from radar manuals" and the request has been approved.

However they have to notify a "third party" that was involved, and if this party does not object, then information will be released in January.

So more wait and see!

FOIR-2015-11-26 ...

You can download the full case law here:
R. v. Green, [2004] O.J. No. 5757(QL) (C.J.)
https://copy.com/vekUvtgF8xpNLgx4

I do not see any legislation that specifically requires a Notice of Motion to have an affadavit. There may be something somewhere or it may just be common practice and that is what they expect.

What is an Affadavit: it is a notary swearing that you are who you say you are and that you are saying what is in the affadavit is true.
What is a Sworn ...

As long as it is not a vacation, they should give you a new trial date.

The only time you can enter evidence that will be considered is either while you cross-examine a witness, or when you are testifying yourself. You can not add anything new during your closing submissions that was not mentioned during cross-examination/testimony.

Howerver this does not apply to case law... you do not need to mention case law during ...

Every prosecutor is different. Some will just totally not care about anything you say, and will just want to make you go thru the whole trial so they can try and beat you, whereas others will be totally understanding and may tell you they are going to drop the charge.

But either way, yes you should tell prosecutor you have your witnesses that will ...

If you and at least one of either your mother or brother will testify that you absolutely did stop then you should be able to get it dropped.

If it is only you that testifies against the officer testifying, then most likely they will believe the officer over you, but if you have at least one other person willing to testify the same as you then ...

Okay so the full name of the case mentioned is this:
R. v. Green, [2004] O.J. No. 5757(QL) (C.J.)

This is a lower court (Ontario Court of Justice ruling) which means it is not binding on other JP's (but still worth mentioning and submitting).

Not all cases are reported on CANLII, but they may be available on other "paid for" services that most ...

Yes the other case laws may apply even if it is a different charge. However a quick search on CANLII did not find the text you are mentioning related to an R. v. Green case. Can you post a direct link to the case you are referring too? A Justice of the Peace is not bound to the decisions of other Justice of the Peace in the lower provincial court ...

In this case you should NOT testify and should NOT give your side of the story unless you are 100% prepared to say, without a doubt, that you absolutely stopped. If there is slightest waiver in your testimony then you will convict yourself, so you are probably better to exercise your right not to incriminate yourself and stay off the witness stand ...

If you do not ask for disclosure until the last minute, then the JP will just reschedule your trial to another date AND the time will not count towards "right to a speedy trial" as it was you who caused the delay.

You want to ask for disclsoure right away as soon as you get your notice of trial and then if you do not get it, you need to ask them ...

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

Once you get your notice of trial, then request disclosure (officers notes).

Once you get the disclosure and know what it says, then try to setup an early resolution meeting with prosecutor. If they won't meet with you before the trial, then a lot of times they will ...

Plead not guilty and request a trial with officer present. Once you get notice of trial, then request disclosure (officers notes). Once you get them, scan and post here.

I would recommend you seek legal advice as you will (1) need to prove your medical condition (I am sure you have lots of paperwork for this), and (2) somehow prove you were in a post-ictal state (not sure how you would do this).

You should definitely start by pleading not guilty and requesting a trial with all officers present, and then once you ...

Any conviction, whether you accept the plea deal or get convicted of this original charge, can affect your insurance. Given that you already have several convictions would lead me to belive that any conviction you get, even minor, will definitely affect your rates.

If the original charge says "when on a highway at any time when lighted lamps are ...

What @screech and @ynotp said

Can you scan and post copy of original ticket (with personal info blacked out)?

Did she plead not guilty and request a trial?

Do you have a trial date yet?

Did you request disclosure (officers notes)? Can you scan and post disclosure here if you have it?

During the trial you should always object when they try to amend a charge with something like:
"The amendment will cause a prejudice and misleading to my defense as I was not giving sufficient notice of this change, and also I am not prepared to defend a different charge than the one I was initially charged with."

They may or may not warn you ...

They can not issue a NEW charge after 6 months.

Once you get your Notice of Trial, then that is when you send request for disclosure by sending letter to prosecutors office.

Search forum for "disclosure request" and you should find some examples

I would plead NOT GUILTY and ask for Trial with officer present.

Once you get Notice of Trial, then you request dislcosure (officers notes, radar manual).

Once you get disclosure, then you can post it here and we can advise further.

You should read these threads:
http://www.ontariohighwaytrafficact.com/topic7032.html
http://www.ontariohighwaytrafficact.com/topic7039.html

Insurance companies do not care about demerit points. A zero demerit point charge can still affect your insurance and cause it to go up. Insurance lists your charges as Minor or Major or Serious, completely unrelated to demerits.

For example, speeding 1km/h to 15km/h over is 0 demerit points, but is considered a MINOR infraction by insurance.
Also ...

Don't hire anybody YET ...

Plead not guilty and request a trial with the officer present. Once you get your notice of trial, then request disclosure (officers notes). Once you get the notes post them back here for us to look at.

Once we have looked at them, then we can advise of your options.

Well a stop sign is a stop sign regardless of the other road being blocked off, so if that is going to be your defense in court, then you will lose!

You should still 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, post them ...