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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.

Correct... you do not have to be at your trial, only your representative.

If you do not accept the offer then yes it is for guilty/not guilty of original charge of careless. They will not lower the charge if you take it to trial.

I think (but am not 100% sure) that it was just the same manual in the US and Canada and that there was not a specific seperate one for Canada.

When they put the Canada version out, they just added "not intended for use in Canada" to the US version.

Type the following into Google exactly as I have it:
"genesis ii select radar" site:scribd.com

I suppose you could ask, but he will probably say no at which point you would be best not to pursue it anymore. If he says yes or that he does not recall, then you can ask "so it's possible this vehicle partially obscured your view of my vehicle?"

You have to file the stay request about 15 days ahead of time, so I always recommend to do it 21 days before your trial. It is worth a try, and worst case is that JP will just say no to it, and the trial will continue.

Not sure what else you asked for in disclosure, but the officers notes are the only thing they need to convict you. If there was ...

I always fax my requests to both the prosecutors office and the clerk of the courts office. And then I print out the FAX SENT OK report and keep that as proof I sent them. The judge should not throw out your requests.

Yes unfortunately there are many "bad" paralegals out there that will just take your money and you will still end up getting charged!

You are better to put the time into learning how the system works for yourself.

Well it is a good sign that the JP wants time to deliberate. That means that you did at least give him/her something to think about, but it does not mean that you won. Now usually when I have seen this happens, the JP will take 10 or 15 minutes then come back and give decision. So is it strange that JP put it off until January? Well for a POA case ...

The 80 does not start until you get to the 80 begins, so right before the 80 begins, it is still a 60. Where they pull you over does not matter. So your explanation is not a defense to the charge at all, and in fact would help the prosecutors case.

But remember you do not have to testify against yourself, so there are others ways to win without ...

Yes in theory you could still get a ticket.

But they need a witness to identify you, so even if you did get a ticket, I would take it all the way to trial because most likely the person that reported it will not show up to testify against you and they would have to drop the ticket.

If police contact you, you do NOT have to answer any of their ...

Just posting this here from another thread as it is relevant when you were paced:

If the officer used pacing to lay the charge, you can still ask the officer questions. Calibration sticker on the speedometer? Tire pressures? Were they set to OEM? When were they last checked?
R. v. Koumoudouros [2005] O.J. No. 5055: https://anonfiles.com/file ...

Officers will almost always show up now a days so don't rely on that one.

The video does not matter and radar does not matter. Police can charge you with speeding just by tailing/pacing you. Whatever is in the officers notes will be her testimony, so basically she has to testify to (1) what the sign said, and (2) how you disobeyed it. So if notes ...

Yes you always have a chance in court. But note that she did not charge you with speeding so radar is not an issue.

Yes the officer can use video evidence in court.

I would choose NOT GUILTY option and request a trial with the officer present. Once you get your notice of trial, then you request disclosure which will include the officers notes and ...

I recommend you always choose the NOT GUILTY option and request a trial with the Officer present.

Once you get your notice of trial, then you request disclosure which should include the officers notes, and all witness statements and their will-say statements.

Remember if you go to trial that an actual witness must be there to testify against you ...

To clarify, if ONE shows up, that may still be enough convict you. But if both do not show up, then they must drop the charges.

However one might or might not be enough, depending on what their statements say. You have to read what they said carefully and see what they are specifically saying about you and your car.

You can try... you could write your disclosure request and see if you can get it ahead of time. You may or you may not.

But let me point out why you probably want to fight this ticket all the way...
At least one of the other two drivers MUST show up on the trial date (not December 8) to testify that you were the driver.
The police officer will be ...