Ontario Highway Traffic Act

If no manual as asked, then make a 2nd disclosure request and fax it to the clerk of the court AND the prosecutor as well.

Say something like "Thanks for the disclosure, however you did not provide me with a copy of the manual for the speed measuring device used. Please provide ASAP. You can mail to me at address below, or email to me if easier at ...

If the witness DOES show up, you might find it beneficial to have somebody else (who knows what they are doing) represent you. I highly recommend you check this thread http://www.ontariohighwaytrafficact.com/topic7032.html and specifically the very first link in the very first post which will explain why.

Since the officer did not witness the ...

Address number being wrong does not matter.

They can NOT introduce the witness statement without the witness being there. They might try, and some JP might allow it if you do not object . You simply need to object to it and say "I object because the witness is not here and I can not cross examine them."

If witness is not there and they try to ...

I think you are thinking of it (looking at the picture) that you were away from the driveway and closer to where the picture was taken.

But they are measuring left to right. So left to right along the curb (as in picture), you are right at the end of the curb where the driveway starts and would need to move the car to the left.

Well all it really means is that you cannot make an "official request" to STAY the charge because of lack of disclosure. But most of the time, even with proper stay request filed at proper time, they will not stay the charge anyways and they will just tell prosecutor to get it to you.

So when they call you up you can just say "I have not received ...

Yes, plead not guilty and ask for trial with officer present.

Once you get notice of trial, request disclosure.

The only time they can raise the amount back up (amend the ticket) is if you actually start your trial. So as long as you leave before it starts they cannot change it.

Even those shuttered big-box stores could still have a bylaw in force, so be careful.

Is that the SET FINE box or the TOTAL PAYABLE box?

Can you post the whole blue and white papers you got with personal info blacked out?

Remember that some private properties, like malls, have bylaws in effect making it a "highway" as defined in the HTA because of the large amount of "public" traffic going thru them.

So you can be charged for all HTA offences on these types private properties.

If it is handwritten ticket and not electronic ticket, I would send another disclosure request asking for a copy of the officers original handwritten notes.

The date on the summons is NOT your trial date.

Now you can show up and just plead guilty to everything right there and accept the consequences but I do not suggest that.

When you show up you will probably get chance to talk to prosecutor. They may or may not offer you a plea deal of some kind. Even if they do offer you a plea, you should still ...

thanks everybody

Just a thought... What about if I stop a red light, my coffee gets knocked over onto the passenger side floor, I take my seat belt off to reach over and pick it up (while the vehicle is still stopped at the light), then put my seat belt back on before proceeding.

So they could still prosecute you (as the driver) as Absolute Liability then?

So if you go and talk to prosecutor, do not mention disclosure at first . Talk to them and if they do offer you a reduced plea, you can then very nicely say "can we review disclosure before we decide?"

So there are three things that can happen when you meet:
(1) The prosecutor will not offer you any plea at all. Then of course you should ask for ...