Ontario Highway Traffic Act

I think not wearing seatbelt was recently ruled Strict Liability.

So if the officer ends up signing the original Certificate of Offence that is filed with the court, and you just ignore the ticket, the JP will see the signed copy and still convict you.

Can you then appeal it and take copy of your unsigned Notice of Offence and get judge to drop it? Possibly because not served properly?

If they give you disclosure tomorrow at court and you ask for an adjournment and the JP does not give it to you (which would be surprising), then you have a great slam dunk case that you should be able to win on appeal.

Is officer required to sign Notice of Offence that they give you, or does it only matter if they signed the original Certificate of Offence?

Thanks

Is there a list somewhere that shows which HTA charges are absolute and which are strict liability?

Thanks

Can you post the officers notes here and the original ticket (with all personal info blocked out)?

This is just a rant and no way advice. How about people take responsibility for their actions. You drink and drive, you get caught, you pay the price. If its a straight to the point saying "I'm not doing the test" and the only defense is the grounds of the vehicle stop and demand, stop trying to find mistakes in procedure and waste courts time ...

Fatal error is not the right word in this case.

But remember that within 6 months of the event, they can re-charge her with the correct charge. So do NOT tell the prosecutor that it is the wrong charge ever... do not even mention it right before the trial if you are talking with the prosecutor. You have to wait until the trial starts and then show ...

Not sure if anybody is interested in this, but the Osgoode Hall Law School is offering a course in Provincial Offences Court Practice.

It is of course geared to lawyers and paralegals, but I checked and registration is open to anybody.
http://www.osgoodepd.ca/upcoming_progra ... -practice/

So first of all you should have said NO to the search. I don't understand why people give up their rights so easy.

Second, you paid the ticket already which means she already plead guilty to it, so it is now on her driving record and may affect her insurance for the next bunch of years, and there is nothing you can do about it. She got the ticket ...

Prosecutors and Justice of Peace will almost always favor police ... they all work for the same corporation. So much for justice and the reasonable appearance of justice!

Anyways, rant aside, you should plead NOT GUILTY and ask for a Trial with the Officer present. Once you get your notice of trial, you can then ask for disclosure (officers notes ...

I would file a complaint AND file the appeal asap. You only have a short window to file the appeal, something like 15 or 30 days so you should be doing that right away.

Even if you are successful with the complaint, it will have no bearing on the trial outcome though, so you MUST file the appeal now or you will not have a chance to deal with it ...

If you are not listed on your parents policy, then in theory it should not affect their policy. But if you are listed at the same address as them, then it might. So what I am saying is I am not sure how to answer your question!

You should probably plead NOT GUILTY and ask for Trial with Officer present. Once you get notice of trial, request ...

Was it day time or night night time? Do you have tinted windows? Where was the police situated?

These are all important questions that you need to consider when cross examining the police officer to try and bring reasonable doubt to what he said. And as well you would say what ynotp says above.

Yes, a friend or family member is allowed to represent you but they are not allowed to accept payment.