Search found 1722 matches

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 If officer is not there then you should ask for ticket to be withdrawn.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 ...

plead the 5th (oh wait we don't have a 5th)
We have the 13th ...

13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
http://laws-lois.justice.gc.ca ...

This thread has a MISSING set fine and they won by not showing up:
http://www.ontariohighwaytrafficact.com/post43902.html

If the 5 could look like a 6 though, then there is a chance that the JP will not notice the error and you will get convicted and have to take it to appeal.

Can you scan and post ticket (personal/officer info blacked out).

Congratulations on the win!!!

Make sure you instruct your paralegal that you will absolutely NOT take any kind of plea deal. Send it to them in writing, both by email and by regular mail.

Just my opinion, but I would suggest that in this case you DO need to go to court and testify your side of the story as well.

You need to make sure you understand CROSS-EXAMINATION ... do a google search and read some stuff on it.

You will need to cross examine both the officer and the victim. The points you bring up are good questions to ask "So officer, did you base the charges on her word only? Did you see any medical reports? Did you talk to doctors? Did you look for ...

My opinion is that if you are sure it is a 5 and not a 6, then it is a fatal error.

However if you show up for trial they can correct it, so you need to NOT respond to the ticket, and keep your copy safe.

A JP will review the ticket because you did not respond, and if they notice the error they will quash it. If they do not notice the error, then ...

As of January 2017, apparently they do not even need to give you a copy of the testing instructions anymore:
http://www.ontariohighwaytrafficact.com/post43705.html

Good find on those stats!

Here are the FINE amounts that go along with those stats:
http://www.ontariocourts.ca/ocj/files/s ... -Fines.pdf

In the USA they need to do engineering studies on all roads to determine what a "safe" speed is. In Canada it's just an arbitrary number and going 1 over means you are guilty and the prosecution/police do not have to prove that the speed you were going was somehow unsafe, even though they continually regurgitate how it is all about safety.

In 2013 ...

In Ontario we are FORCED to pay for Accident Benefits as well as Liability insurance. My insurance would go down by 45% if I did not have to pay for Accident Benefits that I do not want.

Anyways I will suggest that your USA insurance provider is probably NOT meeting the Accident Benefit requirement, if they do not regualary insure Ontario drivers ...

If it has an Ontario license plate on it and you have an Ontario drivers license, then it is possible that you could be charged for not having insurance if the insurance coverage you have does not meet the Ontario minimums.

Probably the Compulsory Automobile Insurance Act is the one you want to read thru.

Yes you were charged with the offences, but they were withdrawn and you were not convicted.

Anyways I would make sure to point that out to the employer that you were not convicted of any of them and the were all withdrawn because they did not evidence to prove them.

When the trial is over you go to the provincial offences office and ask for the form to file an appeal. You will need to pay the fine in full though first (gets reimbursed if you win the appeal), and you will have to pay to get three certified copies of the transcript from the trial (one copy for prosecutiorn, one for judge and one for you).

Yes they can tell you the deal is now or never, but I have not seen them do that. Usually they will still keep the deal available even after you have reviewed the disclosure.

You can always appeal any trial decision.

But remember that an appeal is NOT a new trial. For an appeal to succeed you need to convince the Judge that the Justice of the Peace or the Prosecutor made some kind of mistake at the original trial, and you can NOT introduce new evidence. Basically you make your points and the Judge reviews the ...