Ontario Highway Traffic Act

Where in the criminal code is there a requirement to produce drivers license, insurance or registration? There is criminal code requirement to identify yourself IF you are being charged but identifying yourself does not have to be with a drivers license.

Here is a flipped case where it started as HTA and then moved to Criminal:
R. v. Simpson, 1993 CanLII 3379 ONCA
http://canlii.ca/t/1npnx
"While s. 216(1) of the Highway Traffic Act confers the power to stop a motor vehicle in the lawful execution of his or her duties and responsibilities, only those stops made for the purpose of enforcing driving ...

Well congratualtions on taking the time to fight it. Consider it the cost of your legal education!

Looks like you posted twice...
I answered in the other thread here:
www.ontariohighwaytrafficact.com/post43958.html

The charge is for not giving them the insurance card which is much different and much less serious than driving without insurance.

Hopefully the prosecutor is in a good mood and will be willing to withdraw the charge for you, although they are not required to do that, but sometimes they will if you bring all the documents in to prove that you had ...

Congratulations on the win... Take it anyway you can!

Congratualtions on holding out until figuring out if the officer was there or not!

For all the times I have been to court, I have never seen a paralegal or lawyer go to trial (always a lonely trial with only me left).

One of the best ways to learn how to (or how not to) run a trial is by watching a trial like you did.

+1

Sounds like you did a pretty good job! Congratulations on pursuing it this far.

Let us know what happens!

Just an additional comment...
My question would be, when was the last time you renewed your license (should be on your license)?
It would not have been renewed if it was suspended.

bobajob wrote:modern speedos' do not need to be calibrated, it is factory fixed and works

As with ALL electronics, including speedometers, they can drift and do not remain factory ficed forever.

Yes you should be able to talk to prosecutor before trial. You can always ask the prosecutor if the officer is there or is coming. If officer is not there then you should ask for ticket to be withdrawn.

it's just highly implausible that the speedo is out of wack, it just doesn't happen.
Then you could make that same argument for radar and lidar and gas pumps. Oh wait, they calibrate gas pumps? Maybe gas pumps are accurate 99% of the time, but they need to be properly calibrated every so often to make sure. This should apply to radar/lidar ...

Speedometers are no longer mechanical devices, and are completely electronic nowadays, even if the needle itself is still a physical needle as opposed to a digital readout.

They use a sensor either on the transmission or a wheel.

As with all electronic devices, the speedometer is not guaranteed to be accurate UNLESS you have properly calibrated ...

The summons is NOT your trial date. Although you do have the option to plead guilty on the summons date, I would highly recommend that you do not do that.

And I would suggest that you do not need any representation at the summons date.

If you are offered a plea deal on this date, you can still make a request to see disclosure and get legal advice ...