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Remember though that even with a 0 demerit point charge your insurance may still go up.

I would just have fought it with Charter argument of right to speedy trial!

But I am not suggesting the poster of this thread should ignore the ticket. Quebec and Ontario have reciprocal agreements so it will probably show up in Ontario.

So the question, to which I do not know the answer, is this ... If he was speeding, does part of the fault fall on him and his insurance, versus 100% fault for you?

This forum is predominantly about Ontario issues, so not sure if anybody can help you or not. I do not know anything about Quebec.

If you read HTA 154.1 http://www.ontario.ca/laws/statute/90h08#BK244 I do not see anything that relates to number of seats in a vehicle.

So assuming Young St is not a Kings Highway (you will have to verify this) then you should do the following:

- Plead NOT GUILTY and ask for a Trial with the officer present.
- Once you get your Notice of Trial ...

Okay that is good information. The full regulation is here:
http://www.ontario.ca/laws/regulation/070455

And it also defines "race and contest" which would be:

Definition, "race" and "contest"
2. (1) For the purposes of section 172 of the Act, "race" and "contest" include any activity where one or more persons engage in any of the following ...

@screech - so there is case law saying over 50 is racing and stunt?

I have never fought a charge this serious before, but here are the points I see that the prosecution has to prove...

(1) Identify you
(2) as the DRIVER
(3) of a MOTOR VEHICLE (as defined by the HTA)
(4) that was on a HIGHWAY (as defined by the HTA)
(5) that you were in a RACE or a CONTEST
(6) and that you were performing a STUNT (or that you there ...

The reason I asked the question above is this:

If the summons date is more than 6 months , then you simply show up and tell the JP/Judge that this is the same charge they charged her with last time and it was the wrong charge and was dropped and it should be dropped again. Since the 6 months have passed they can not lay another new charge again ...

When is the date on the summons? Does the date on the summons come before or after the 6 month mark from the last time you appeared before Judge?

Yes, most likely there will be no plea deal and prosecutor will seek the maximum sentence/fine.

Are you sure it is the same charge? It seems strange to me that they would drop the charge and then charge you with the same thing again. Usually they re-charge with a different more appropriate charge.

Did they drop the original charge before it went to trial, or did you actually have a trial and were found not guilty?

The summons date is NOT a ...

Insurance ruling on 50/50 is independent of the charges that police lay, as far as I know, although they will review the police report.

For example, let's say you ran a red light and the other person, with a green light, hits you. You would be 100% at fault for the accident. But let's say as soon as the other person hits you (even though it is ...

I am curious how you can use statements made by a witness at a previous trial in a re-trial.

When cross-examining a witness at the re-trial, if they give an answer that is contradictory to what they said at the first trial, what can you do?

If you have a copy of transcript can you question them about what they said at the first trial?

If you ...

What are the specific charges that you got (section numbers)?

They can only raise it back to the original speed once the trial starts, AFTER you plead not guilty and AFTER the officer has given testimony of the higher speed. They will say they are going to raise it as the trial starts (or they will tell you that before the trial starts), but you can decide to plead guilty to the lower charge basically right ...

Well a re-trial is better than guilty!!!

You can basically start fresh again this time, however you can also ask questions or reference answers that the officer gave in the first trial. So if you ask the officer a question that you asked last time, and he gives you a different answer (that you don't like), you can say "In the previous trial when I ...

The case law for not providing disclosure says that the proper rememdy is for the JP to tell prosecutor to get you the disclosure and re-schedule the trial. You would have to have the trial rescheduled a couple times before a JP would consider dropping charge because of lack of disclosure.

Personally if I did not get the disclosure more than 2 ...

You could try to claim no sign was present for that spot. Depending how good and argument you make, will depend on whether the JP accepts it or not. No guarantee, but worth a try.

You definitely want to ask for officers notes in your disclsoure request. That is their entire case against you! No notes, means no case. You can not prepare properly ...

That is pretty serious charge!

You need to call several (I recommend at least 4 or 5) and talk to them all.

Some lawyers/paralegals are not really interested in getting you off, but will simply try and get you a plea deal for a lower charge. Of course this might be something that you want to consider as you are probably facing an insurance ...

Congratulations on the win!

There are sometimes more than one prosecutor present so you might talk to one first, but a different one is doing the trial.

Some prosecutors are very upfront and honest and will tell you right away that a witness is not there yet, and if they do not show up they will drop it. Others will try to intimidate you right to ...

Read this thread (there are 3 pages):
http://www.ontariohighwaytrafficact.com/topic7177.html

I think on page 3 of that thread I mention three ONCJ cases that refer to both tests AND one Court of Appeal case. You will have to read the cases and make sure they are relevant, expecially the Court of Appeal case.

I think I mention ONCJ cases Zhu ...

1. Yes

2. Case law from Ontario Court of Justice (ONCJ) is not necessarily binding on the Justice of the Peace. They can choose to use it or not. Ontario Court of Appeal and Canada Supreme Court rullings are binding on the JP and they must follow these decisions.

3. You can not add new evidence to a trial except during the testimony/cross ...

Well there might be something important in that section, but without it you have no idea.

The trials are audio recorded so it should all be there.

You will have to contact the court recorder who did the transcript for you and ask them why it was not included.

You could ask for the appeal to be re-scheduled as you just noticed the error.

I would contact whoever did the transcript and ask why the submissions were not included as they may be important to your appeal.

So it could either be radar, or the fact that he pulled in behind you and paced you. But disclosure will reveal which it is.

It is definitely worth a try.

Take lots of pictures:
http://www.ontariohighwaytrafficact.com/topic1765.html

Plead NOT GUILTY and request a trial with the officer present. Once you get your notice of trial, request disclosure (officers notes, make model serial number and manual for any speed measuring devices used, audio/video). Once you get disclosure post it here so we can review it.

You just need to argue:
How can you prepare a proper defense and properly question the officer with respect to the operation of the unit without a copy the whole manual?
R. v. Stinchcombe, [1991] 3 SCR 326, 1991 CanLII 45 (SCC)
http://www.canlii.org/en/ca/scc/doc/1991/1991canlii45/1991canlii45.html

Now there is a good chance that the JP will not ...