Ontario Highway Traffic Act

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 ...

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 ...

Wait until you get your notice of trial.

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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.

Found the answer here:
http://www.ontariohighwaytrafficact.com/topic7179.html

But other answers appreciated!

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 ...

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 ...

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 ...

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.