Ontario Highway Traffic Act

In theory, in order to get the charge STAYed then yes it needs to be a charter application. However if you have been to trial a few times already and JP told them to get you disclosure and they still haven't provided it, then some JP may stay the charge without an official application.

But the case law says that the remedy for not providing ...

Ok thanks ... I guess I was mis-interpretting their "intention to amend up" with the actual amend up.

I am not saying that can't amend ... I am saying that they can't amend until AFTER the evidence supporting the amendment has been given!

Just reading POA Section 34 (2) which says:
"The court may, during the trial, amend the information or certificate as may be necessary if the matters to be alleged in the proposed amendment are disclosed by the evidence taken at the trial ."
http://www.ontario.ca/laws/statute/90p33#BK50

So this suggests to me that they cannot amend the ticket back ...

There is no burden of proof for the officer to prove they made a reasonable attempt to determine strongest target. Did they test unit per manufacturers instructions so it was functioning properly? Did they receive some kind of training within the last couple years? Did they say that you looked liked you were speeding? Did they say the device said ...

No I don't think the JP would even consider it. But again, if you want to learn the process you could at least try!

- Officer does NOT need to prove independent visual reference of the speed. This kangaroo court is our great Canadian un-justice system at work!

- Until you get officers notes, you do not know what they put in them. But I would agree that the chances of him actually putting it in his notes are about zero. All he needs to put in his notes are the ...

Well actually the time does not start counting until you requested the trial on May 15th. This is why you should always choose the NOT GUILTY with Trial option right away. You can always arrange to meet with the prosecutor yourself in the meantime.

It won't hurt to learn the process, so about 21 days before your trial date you can file all the 11B ...

I would still plead NOT GUILTY and request a Trial with the officer present. Once you get your notice of trial, request disclosure (officers notes).

Once you get disclosure, post it back here for us to take a look at.

Can you scan and post the original ticket (with personal info blacked out) so we can check for fatal errors on the ticket?

It may take a few weeks before ticket is available online to pay.

But remember that they can only raise the speed back up to 121 at the actual trial itself (once the trial starts), not before.

So it is still in your best interest to plead NOT GUILTY and request the trial with the officer present, and then request disclosure. You can always just ...

I would plead NOT GUILTY and ask for a Trial with the Officer present. Once you get your notice of trial you can request disclosure (copy of notes of all officers involved, copy of the manual for the speed measuring device, any audio/video). What's in the officers notes is basically what they will testify on the stand so we need to see what it says ...

Yep, just call your insurance company and let them deal with it.

If a car accident is causing you to consider taking your life when nobody was even injured, then you should consider seeking proper medical/mental/spiritual treatment to deal with those issues, as I am sure your family does not want you to hurt yourself.

All I got back was letter saying "we got your request". I would not anticipate a very fast response, but will post when I hear something.

Again my suggestions are only my opinions and they may not be something a novice in court can use to their advantage.

So it would definitely be worthwhile considering the plea offer.

No, but with that same search above, one of the other results is the US version.