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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.

So I recommend that your mom should NOT give any statement or try to explain what happened to anybody. Most likely it will just incriminate her further. She should use her right not to incriminate herself and say nothing about it to anybody.

I would plead NOT GUILTY and ask for Trial with Officer present. Once you get notice of trial, I would ...

You should call your insurance company and ask them:
Hypothetically speaking, if they (your insurance company) know you were in an accident but you pay the repairs on the other vehicle yourself, how will affect your rates, versus just letting them (your insurance company) pay for the repairs.

I am not sure what their answer will be, but let us ...

If anybody has a trial in Penetanguishene Court, pm me and let me know and I will try to attend.

I live pretty close.

In order to win, you would need to understand cross-examination. If you have never been to court and do not understand how it works and do not know how to cross-examine, then you will most likely lose.

So yes, they can bring it up, however a good cross examiner can bring reasonable doubt to items that are not in the notes.

And if they do not ...

Option 2 still means you have to go to trial. Better to choose NOT GUILTY option and follow karra's advice above... show for trial and see if prosecutor will offer a plea. If not, plead guilty then give JP sob story on why you need fine reduced.

Yes our great un-justice system again favors police/prosecutor in the matter of venue.

I have driven 5 hours one-way to go to court (and win).

In Ontario the default speed is either 50km or 80km even with no signs. If there were no signs and they charged you for speeding in something other than "posted 50" or "posted 80" then you have chance at getting it dropped.

What I have seen with OPP is that they schedule trial date based on officers shift, so 99% of the time the officer will be there. Very very rare for OPP officer not to show up for trial.

You should ask for audio and video evidence in disclosure even if they did not say there is any. If there is some, they are supposed to provide it even if it hurts their case and/or they do not plan on using it.

If you believe there is some, and if you did not get any, make sure you make a 2nd disclosure request. Then you need to bring it up ...

You would have to ask your insurance company specifics like that.

google "ontario 4f stay request"

Read the first 4 or 5 articles listed and you should find everything you need to know.

Personally I recommend the Fax method as opposed to the In Person method as it is much faster. You just need to print out the Fax "Sent Report" so you have proof of faxing it.

As far as insurance goes, 15 over or 30 over will most likely affect it the same, meaning it could go up.

If you take it to trial, the prosecutor will ask for the charge to be amended back up to 30 over, so if you lose it will be 30 over.

So first post a copy of the ticket here (blank out any personal info) and we can check it for fatal errors ...

@daggx +1 Good information to know

Usually at an appeal, you cannot put new information in that was not entered at original trial. However if there is evidence that your rep was incompetent (not sure what a cla rep is) and/or that you tried to get information into the record that the JP would not accept, then it should at least be sent back to court for a re-trial with a new justice ...

Back on topic lol ... I personally do not know what the next step is when an appeal is dismissed (if there even is one), but am interested in finding out, so hopefully somebody else has an idea.