Ontario Highway Traffic Act

Case law is generally submitted at the end of the case when the parties are making their final submissions.
Thanks ... I thought this was the case but just wanted to make sure.

And since you brought up judicial notice, let me ask a question about that ... Do you simply request the JP to take judicial notice of something you bring up before/after ...

If we have a specific case law that we want the JP to read with regards to decision, can we simply submit it during closing arguments with the reasons we want it to be considered?

Or does it need to be submitted during some other part of the trial, like during cross examination (assuming no defense as witness will not be testifying)?

Thanks

The prosecutor and the police officer are two different people. It is the prosecutors decision, not the officers, on whether or not something gets dropped.

So at early resolution the prosecutor MIGHT drop both charges (my guess would be that they won't do this), or MIGHT offer to drop one in exchange for guilty plea to the other. You can then ...

I believe that both officers would need to be there because one officer will testify to speed and other will testify to identification.

In your request for disclosure, make sure you request the notes of ALL officers involved. You will need to see both officers notes before you can really make a determination as to how to fight the ticket.

Can you scan and post a copy of the ticket? Please block out your personal information and officer information.

Unfortunately speeding in Ontario is considered an Absolute Liability offense which means either yes you were speeding or no you were not speeding, and there are no acceptable reasons that you can give as to why you were speeding (except your life was somehow in danger). As soon as you say "I was speeding but..." everything after the "but" is ...

Whether the witness box is ticked or not makes no difference, and will not void the ticket.

My question to others in this forum would be: since the private property was a plaza, so does that qualify as a "highway"?

Well if that is the case and the officer is NOT present and only the other driver, then you definitely want somebody else to represent you and not show up yourself. If you are not present (and you do not need to be unless it is a criminal charge which I don't believe this is) then the other driver cannot identify you and they have no case. If the ...

Yes that appears to be a Fatal Error ... if you can confirm that the fine and total payable are indeed incorrect, then you should NOT respond to the ticket and hopefully the Justice of the Peace will see the error and dismiss the ticket. If the JP messes up and you DO receive a notice that you were found guilty, then you have to file an appeal and ...

Demerit points have nothing to do with whether a charge is considered minor or major by insurance. Insurance companies have their own policies on how to make that determination. Ask your insurance company if they can give you a list.

The fact that both the police officer AND the other driver have to show up to testify is a bonus in this case. The ...

Here are a couple threads you should read:

Don't talk to police:
http://www.ontariohighwaytrafficact.com/topic7032.html

Representing yourself:
http://www.ontariohighwaytrafficact.com/topic7039.html

If it was me, I would definitely fight it, even if my chances of winning were slim to none. So what I would do is see if I could find any case law that defines what "brief" is and go from there. I am not sure if the fact that it is commercial related creates a different scenario than if they stopped you personally in your personal vehicle and spent ...

In cross-examination, you can certainly question the officer on where he was, but if he says he was in the left lane then you have no way to prove otherwise. And how do you prove his view was obstructed? Again you can ask him but if he says no it was not, then you are sunk. And was it snowing so hard that visibility was reduced to the point of ...

Your name missing middle name does not matter. Even if they misspell your name, this does not matter in Ontario and the ticket is still valid.

I would choose NOT GUILTY option and ask for TRIAL with Officer Present.

Once you get notice of trial, you can request disclosure (officers notes). Once you get these notes, then you will know exactly what the officers reasons for laying the charge are and decide if you want to fight it or not.

Usually if it boils down to your word against a ...