I would go to the clerks office and ask for a copy of both sides the original ticket (Certificate of Offence).
I would also verify whether you need to attend the Summons date that you got.
It is all very confusing to me since they issued you a summons so why was there a charge issued? Possibly it is for some other charge but you really need to ...
Search found 1722 matches
- Mon Nov 09, 2015 2:16 pm
- Forum: General Talk
- Topic: Ran a red light and caused an accident
- Replies: 34
- Views: 14274
- Sun Nov 08, 2015 9:12 pm
- Forum: General Talk
- Topic: My Run in with HTA 172
- Replies: 6
- Views: 2220
Re: My Run in with HTA 172
You have to get disclosure (officer's notes) and review it before you know what the best possible outcome might be.
You should show up to court date and be very nice to prosecutor and see what kind of plea deal he will offer.
Then you should ask if disclosure is available. And then say you would like to review disclsoure before you decide whether ...
You should show up to court date and be very nice to prosecutor and see what kind of plea deal he will offer.
Then you should ask if disclosure is available. And then say you would like to review disclsoure before you decide whether ...
- Sat Nov 07, 2015 7:39 pm
- Forum: Courts and Procedure
- Topic: 5 months since filing and no appeal date yet...
- Replies: 16
- Views: 7917
Re: 5 months since filing and no appeal date yet...
Posted transcript of original trial and the appeal we presented here:
http://www.ontariohighwaytrafficact.com/topic7286.html
It's for speeding but gives you something to work off.
http://www.ontariohighwaytrafficact.com/topic7286.html
It's for speeding but gives you something to work off.
- Sat Nov 07, 2015 11:44 am
- Forum: Failing to obey signs
- Topic: Disobey stop sign
- Replies: 11
- Views: 6973
Re: Disobey stop sign
Demerit points do not have to be listed on the ticket.
Even a charge that has 0 demerit points can still affect your insurance (insurance companies do not care about demerit points).
The Highway Traffic Act applies everywhere in Ontario including residential streets and all roads and highways.
The OPP can issue tickets anywhere in Ontario on ...
Even a charge that has 0 demerit points can still affect your insurance (insurance companies do not care about demerit points).
The Highway Traffic Act applies everywhere in Ontario including residential streets and all roads and highways.
The OPP can issue tickets anywhere in Ontario on ...
- Fri Nov 06, 2015 9:49 am
- Forum: General Talk
- Topic: Speeding in a Provincial Park
- Replies: 4
- Views: 3048
Re: Speeding in a Provincial Park
Remember a 0 demerit point charge is considered at least a minor infraction by your insurance and can cause your rates to go up.
Insurance companies do not care about demerit points. They are completely irrelevant to whether your insurance goes up or not.
Insurance companies do not care about demerit points. They are completely irrelevant to whether your insurance goes up or not.
- Fri Nov 06, 2015 8:26 am
- Forum: Courts and Procedure
- Topic: Disclosure Request
- Replies: 21
- Views: 9460
Re: Disclosure Request
Yep the best you can do is submit a stack of case law which supports your point.
If you can find an Ontario Court of Appeal case, then this is binding on the JP.
If you can find an Ontario Court of Appeal case, then this is binding on the JP.
- Thu Nov 05, 2015 11:58 am
- Forum: Prohibited turns
- Topic: HELP: HTA 144(9) - Trial Apr 4, 2016
- Replies: 5
- Views: 3193
Re: HELP: HTA 144(9) - Trial Apr 4, 2016
Officer will probably show up.
I think if the sign is clearly not visible, then it should get dropped or you should win.
For early resolution, wait until you get disclosure. Then you can contact prosecutors office and try and set it up. I would say something like "I don't want to waste the courts time or officers time because I have a picture ...
I think if the sign is clearly not visible, then it should get dropped or you should win.
For early resolution, wait until you get disclosure. Then you can contact prosecutors office and try and set it up. I would say something like "I don't want to waste the courts time or officers time because I have a picture ...
- Thu Nov 05, 2015 11:51 am
- Forum: Courts and Procedure
- Topic: Disclosure Request
- Replies: 21
- Views: 9460
Re: Disclosure Request
The old radar manuals said they MUST estimate the speed before activating radar. This was removed in the newer ones. Not sure what is in the LIDAR manuals.
However a lot of officers will put in their notes something like "vehicle appeared to be going faster than posted speed limit". So they do not necessarily have to estimate the speed, but they ...
However a lot of officers will put in their notes something like "vehicle appeared to be going faster than posted speed limit". So they do not necessarily have to estimate the speed, but they ...
- Wed Nov 04, 2015 11:04 am
- Forum: Courts and Procedure
- Topic: Disclosure Request
- Replies: 21
- Views: 9460
Re: Disclosure Request
If it is computer generated then the digital signature is okay.
Now here is a question I do not know the answer to... why are some fields different on the Certificate of Offence versus your Notice of Offence? I would think they should be identical.
Also the other question I do not know the answer to... if the service upon defendant is not filed ...
Now here is a question I do not know the answer to... why are some fields different on the Certificate of Offence versus your Notice of Offence? I would think they should be identical.
Also the other question I do not know the answer to... if the service upon defendant is not filed ...
- Wed Nov 04, 2015 8:36 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Options in my Trial for 28km/h over
- Replies: 47
- Views: 13039
Re: Options in my Trial for 28km/h over
Yes when they want to change the date, then that works in your favor.
- Tue Nov 03, 2015 4:41 pm
- Forum: Courts and Procedure
- Topic: Disclosure Request
- Replies: 21
- Views: 9460
Re: Disclosure Request
Typed version of officers notes are all you need. If you find the officer on the stand is making comments from his notes that are not included in your notes, you could then object and say he is reading from notes that were note provided to you in disclosure.
I would immediately send another request for the full manual. I would add that you "need ...
I would immediately send another request for the full manual. I would add that you "need ...
- Tue Nov 03, 2015 4:34 pm
- Forum: General Talk
- Topic: Ran a red light and caused an accident
- Replies: 34
- Views: 14274
Re: Ran a red light and caused an accident
Well I would take the Notice of Fine and the Summons and go to the Clerk of the Courts office at the Provinvial Offences building and ask them what is going on.
Show them you have a summons and ask them why they sent you fine already.
Seems to me somebody just made a mistake.
Show them you have a summons and ask them why they sent you fine already.
Seems to me somebody just made a mistake.
- Tue Nov 03, 2015 4:29 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Options in my Trial for 28km/h over
- Replies: 47
- Views: 13039
Re: Options in my Trial for 28km/h over
How many pages of the notebook are there in disclosure? When officer first takes the stand, there will be a few questions before the officer can use his notes like "are they in your handwriting" and "when did you write them". You should be given an opportunity to ask about these notes before the officer is allowed to use them. So you could say ...
- Tue Nov 03, 2015 12:12 pm
- Forum: General Talk
- Topic: parking, stickers and ins.
- Replies: 5
- Views: 1826
Re: parking, stickers and ins.
Well first just because sticker is expired does not mean they do not have insurance.
Second, are they really bothering you?
Third, if you report them then they just have to pay into the system supporting an already out of control government.
Personally, if they were not bothering me then I would just leave them alone.
Second, are they really bothering you?
Third, if you report them then they just have to pay into the system supporting an already out of control government.
Personally, if they were not bothering me then I would just leave them alone.
- Mon Nov 02, 2015 1:59 pm
- Forum: Driving While Suspended
- Topic: Interesting suspended license story. Require info.
- Replies: 2
- Views: 2933
Re: Interesting suspended license story. Require info.
Go to MTO and ask for a copy of your driving record to see what is showing up on it.
If there is something that should not be there, then ask them what the process is to get it sorted out.
If there is something that should not be there, then ask them what the process is to get it sorted out.
- Sun Nov 01, 2015 12:18 pm
- Forum: Failing to remain at the scene of a collision
- Topic: Possible Fail to Remain violation
- Replies: 12
- Views: 6712
Re: Possible Fail to Remain violation
So just a reminder that this is NOT legal advice, and is just my opinion. You need make sure anything I say is actually true and you may want to seek out a lawyer/paralegal (print out this thread and take it with you though and see what they say about it).
The police have up to 6 months to lay a charge for a provincial offences under the HTA. I am ...
The police have up to 6 months to lay a charge for a provincial offences under the HTA. I am ...
- Sun Nov 01, 2015 9:44 am
- Forum: Failing to remain at the scene of a collision
- Topic: Possible Fail to Remain violation
- Replies: 12
- Views: 6712
Re: Possible Fail to Remain violation
In order to charge her, somebody has to identify her.
So if the police show up at your door DO NOT ANSWER ANY QUESTIONS THEY ASK YOU. If you or your wife or your daughter admit that she was driving then she is toast. If you say nothing, then they do not know who was driving and can not charge anybody.
She needs to understand her charter right not ...
So if the police show up at your door DO NOT ANSWER ANY QUESTIONS THEY ASK YOU. If you or your wife or your daughter admit that she was driving then she is toast. If you say nothing, then they do not know who was driving and can not charge anybody.
She needs to understand her charter right not ...
- Sat Oct 31, 2015 3:50 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Need help/advice for ticket 22km/h over, early resolution
- Replies: 27
- Views: 13422
Re: Need help/advice for ticket 22km/h over, early resolutio
Wait until you get your notice of trial.
- Fri Oct 30, 2015 8:57 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: WIN on appeal - speeding 115 in a 100
- Replies: 7
- Views: 3732
Re: WIN on appeal - speeding 115 in a 100
I did not like JP Sculthorpe at all. Very rude and condescending. In fact I filed a complaint against him (not because of the verdict but because of his attitude) but the complaint was dismissed.
The prosecutor McDougall seemed okay. I did not have any issues with him.
This case was a couple years ago, but just finally got around to posting it ...
The prosecutor McDougall seemed okay. I did not have any issues with him.
This case was a couple years ago, but just finally got around to posting it ...
- Thu Oct 29, 2015 4:53 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: WIN on appeal - speeding 115 in a 100
- Replies: 7
- Views: 3732
WIN on appeal - speeding 115 in a 100
Okay so this trial was way back on July 7, 2013. My wife was charged with 115 in a 100 on the 401 near Brockville in February of 2013.
Yes it is a little while back, but still want to share the transcript for those interested.
I represented her at the original trial. I had a paralegal assist me in preparing for the case, so I was pretty well ...
Yes it is a little while back, but still want to share the transcript for those interested.
I represented her at the original trial. I had a paralegal assist me in preparing for the case, so I was pretty well ...
- Thu Oct 29, 2015 4:06 pm
- Forum: General Talk
- Topic: WIN Improper Muffler
- Replies: 0
- Views: 8839
WIN Improper Muffler
Back in January I got an IMPROPER MUFFLER charge HTA Section 75(1).
Trial was on May 14th but am just now getting around to posting it, and will include my defense I had prepared for others with similar charge.
I showed up for court and checked in and although the prosecutor usually calls everybody up to meet with them before the trial starts ...
Trial was on May 14th but am just now getting around to posting it, and will include my defense I had prepared for others with similar charge.
I showed up for court and checked in and although the prosecutor usually calls everybody up to meet with them before the trial starts ...
- Thu Oct 29, 2015 1:43 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: WIN speeding 26 over
- Replies: 9
- Views: 5011
Re: WIN speeding 26 over
So here is my entire defence I had prepared including motions I filed and even disclosure requests.
https://copy.com/wzvOPlpNE6Z8nOAm
You will notice my first Notice of Motion was an Affidavit but then my second Notice of Motion was a Sworn Declaration. An affadavit must be notorized but a sworn declaration can just be signed by you, which is ...
https://copy.com/wzvOPlpNE6Z8nOAm
You will notice my first Notice of Motion was an Affidavit but then my second Notice of Motion was a Sworn Declaration. An affadavit must be notorized but a sworn declaration can just be signed by you, which is ...
- Thu Oct 29, 2015 12:06 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: WIN speeding 26 over
- Replies: 9
- Views: 5011
WIN speeding 26 over
Back in April my wife got a 76 in a 50 charge and the officer knocked it down to 60 in a 50.
Checked the ticket but no fatal errors. Asked for trial and requested disclosure. Got the full radar manual and officers notes. His notes were pretty much bullet proof with tracking history and the TEST PASSED both before and after enforcement and all the ...
Checked the ticket but no fatal errors. Asked for trial and requested disclosure. Got the full radar manual and officers notes. His notes were pretty much bullet proof with tracking history and the TEST PASSED both before and after enforcement and all the ...
- Wed Oct 28, 2015 12:31 pm
- Forum: General Talk
- Topic: Aviva Insurance - Minor Major and Serious charges
- Replies: 0
- Views: 3750
Aviva Insurance - Minor Major and Serious charges
Just an FYI of charges I got from my insurance company Aviva with regards to what they consider minor, major and serious:
Minor Convictions
Crowding Drivers Seat
Defective Brakes
Drivers Licence Violations
Failing to share road
Failing to signal
Failure to use seatbelts
Failing to yield
Failing to yield to pedestrian
Following too ...
Minor Convictions
Crowding Drivers Seat
Defective Brakes
Drivers Licence Violations
Failing to share road
Failing to signal
Failure to use seatbelts
Failing to yield
Failing to yield to pedestrian
Following too ...
- Wed Oct 28, 2015 12:26 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Need help/advice for ticket 22km/h over, early resolution
- Replies: 27
- Views: 13422
Re: Need help/advice for ticket 22km/h over, early resolutio
You want proof that you asked for disclosure.
So you can send it registered mail (expensive), or you can fax it and keep copy of FAX SENT OK report, or you can drop it off in person and get a copy stamped for your own records.
So you can send it registered mail (expensive), or you can fax it and keep copy of FAX SENT OK report, or you can drop it off in person and get a copy stamped for your own records.
- Tue Oct 27, 2015 11:53 pm
- Forum: General Talk
- Topic: How to get JP Judge to take Judicial Notice of a book?
- Replies: 1
- Views: 1446
Re: How to get JP Judge to take Judicial Notice of a book?
Found the answer here:
http://www.ontariohighwaytrafficact.com/topic7179.html
But other answers appreciated!
http://www.ontariohighwaytrafficact.com/topic7179.html
But other answers appreciated!
- Tue Oct 27, 2015 11:33 pm
- Forum: General Talk
- Topic: How to get JP Judge to take Judicial Notice of a book?
- Replies: 1
- Views: 1446
How to get JP Judge to take Judicial Notice of a book?
How do you get the Justice of the Peace or Judge to take judicial notice of a book?
Specifically I want something out of THE LAW ON SPEEDING AND SPEED DETECTION DEVICES (formerly THE LAW ON SPEEDING AND RADAR) by A. Shakoor Manraj and Paul D. Haines.
If the JP will not take Judicial Notice of the book, can I still present an excerpt to the ...
Specifically I want something out of THE LAW ON SPEEDING AND SPEED DETECTION DEVICES (formerly THE LAW ON SPEEDING AND RADAR) by A. Shakoor Manraj and Paul D. Haines.
If the JP will not take Judicial Notice of the book, can I still present an excerpt to the ...
- Tue Oct 27, 2015 10:20 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Options in my Trial for 28km/h over
- Replies: 47
- Views: 13039
Re: Options in my Trial for 28km/h over
Here is an Ontario Court of Appeal case, so this has higher authority and is binding on all Justice of the Peace. I am not sure that it specifically says laser must be tested before or after but it can be inferred:
R. v. Vancrey, 2000 CanLII 26961 (ON CA)
http://canlii.ca/t/2329z
And here is another lower Ontario Court of Justice case that ...
R. v. Vancrey, 2000 CanLII 26961 (ON CA)
http://canlii.ca/t/2329z
And here is another lower Ontario Court of Justice case that ...
- Tue Oct 27, 2015 2:27 pm
- Forum: Parking Tickets
- Topic: T.O. Parking Authority "courtesy charge"
- Replies: 7
- Views: 9452
Re: T.O. Parking Authority "courtesy charge"
The back says that it is not an parking infraction under Toronto bylaw so it is not enforceable if you don't pay.
Will they issue an actual parking infraction under the bylaw if you do not pay it? They might or they might not. Again Toronto is backed up so there is good chance if they issue ticket that it will never make it to court in a ...
Will they issue an actual parking infraction under the bylaw if you do not pay it? They might or they might not. Again Toronto is backed up so there is good chance if they issue ticket that it will never make it to court in a ...
- Tue Oct 27, 2015 1:47 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Options in my Trial for 28km/h over
- Replies: 47
- Views: 13039
Re: Options in my Trial for 28km/h over
Now both those case are ONCJ (Ontario Court of Justice) which I believe are not binding on other JP's. It does however push things in your direction but the JP you get does not necessarily have to listen to non-binding case law. But it is definitely worthwhile trying.