Ontario Highway Traffic Act

EDIT: CORRECTION: Note that for my last response, before the prosecutor makes their closing statements, you will be asked if you want to call any witnesses. So this is where you may get on the stand and give your side of the story, and/or call a witness for your side and ask them questions (this is your examination in chief, so no leading questions ...

Trail goes something like this:

Read the charges to you.. How do you plead? NOT GUILTY

Prosecutor calls their first witness (examination in chief).
You then can cross-examine first witness. This is NOT where you explain your side of the story. This is were you ask lots of questions to try to show doubt in what officer said. But remember you do ...

Everytime I have asked for "a copy of both sides of original Certificate of Offence" in disclosure I have never gotten it.

I either have to go directly to the clerks office and request a copy, or I go see the clerk right before the trial starts and ask to see it then so I can make sure it is the same as the copy I have (and that it has a "date ...

No don't do that as it may not work because the JP may say "the copy I have is signed... guilty"

So this is a summons and not a ticket. So on December 8 when you show up (or have someone go for you) you can just simply say that you would like to get disclosure before you decide whether to plead guilty or not guilty.

Remember December 8 is not your trial, but you will appear before a Justice of Peace just to say you want disclosure before you ...

(1) About myself... I have nothing to do with this site and do not know who owns it or who runs, and really does not matter to me one way another. I am just ineterested in sharing information with regards to provincial offences.

(2) You must be logged in to post. You could create another account with a throw away email address and a generic name ...

Can you scan the summons/ticket and post it here for us to look at (with personal info blacked out)?

If it is a summons you do have to attend court that day (or have somebody represent you if you can not attend), but this is not a trial date. You simply have to show up and you can (1) plead guilty and be done with it (not recommended as it will ...

You need to hold on to your copy of the ticket and do nothing.

If the officer signed the copy that the JP sees, you will be found guilty by default.

Once you get notice that you were found guilty, you file an appeal. When you go before the Judge for the appeal you bring your unsigned copy of the ticket.

So if he says something that is not in his notes, then on cross-examination you can ask a question like "You said you tested it at the end of your shift? YES. But you do not have it written down in your notes? NO I DONT, BUT IT'S MY USUAL PRACTICE."

Then in closing statements you say "The officer testified that he tested it at the end of his shift ...

1) previous case laws I read said that independent recollection is not proof... so that is definitely a good one to pursue

2) if it was not disclosed then you object if he reads it from his notes because it was not dislcosed to you and therefore cannot be entered as evidence, so it's as if (1) above occured

That is a possible angle to bring some reasonable doubt. Is it enough to win? I am not sure.

But what I do see is that there is only one LIDAR test at the start of the shift but no test listed after. Read this:
http://www.ontariohighwaytrafficact.com/topic7018.html

The G or GM issue does not matter.

As I said above, the officer can NOT enter your statements into evidence and you should object if he tries to do it.

There is really no way attack sloppy notes unless the issue is significant. A JP will give different "weight" to any issues you bring up, so for example with the G versus GM issue might go like ...

Exactly the point Decatur was trying to make.

I have personally not ever dealt with LIDAR but remember reading some case laws that talked about it.

The main areas where you might be able to bring reasonable doubt to the officers testimony are:
- what do they have written in notes about testing device (when did they test, how did they test it ...

Hopefully somebody else can answer the question because I do not know the answer.

Seems to me that even though you were 100% at fault but not charged with anything that it should not be that high!

For $10,800 per year + gas + maintenace, you would be better to take the bus or a taxi everywhere you go.

The Highway Traffic Act and the Insurance Determination Rules are two complete and separate things.

For example, you hit an icy patch on a road and spin into the ditch and damage your vehilce with no other vehicles involved. You are still 100% at fault for insurance purposes even if you are not charged with anything by police.

As per Insurance ...