Ontario Highway Traffic Act

Has anybody successfully objected to an officer using their notes to refresh their memory?

What kind of arguments can be made for this?

Thanks

@bobajob - $30 per month x 12 months = $360 x 3 years = $1,080 + speeding ticket fine is what it cost you.

I see everybody's point, so I withdraw my advice to plead not guilty and suggest you listen to everybody else.

I suggest you choose the NOT GUILTY option with a TRIAL with the Officer present.

Once you get your trial date, request disclosure (officers notes and copy of radar/lidar manual).

Once you get disclosure then you can decide whether to fight it further or not. If the officers notes say you were doing 115 in a 50 then if you take the 15 over to ...

Another good Careless reference I found basically says the courts have frequently dealt with the legal question of when does a temporary lack of attention become careless and it is decided that momentary inattention is excusable:

R. v. Richards, 2009 ONCJ 651 on Canlii http://canlii.ca/t/27sj1 says:

[16] In R. v. Beauchamp (1953), 16 C.R. 270 ...

Also, read this topic http://www.ontariohighwaytrafficact.com/topic7122.html

It's starts out talking about Follow Too Close but gets into some Careless Driving discussion. On the first page, in the 12th post down, I posted a couple links related to careless driving that you should read.

Your insurance could go up even if the charge had 0 demerit points, so don't fall into that trap of beliveing that 0 demerits is a good thing. Of course 0 demerits is better than 3 demerits (especially for G2) but my point is that demerit points have nothing to do with insurance increases.

What were you charged with (charge and section number ...

When was the original date of infraction?

What is the date the summons was issued?

Call the clerk of the court on day number 9 and ask them if the ticket has been filed yet... that's the only way.

The officer has 7 days to file the ticket with the clerk, so it can take a couple weeks before it shows up on the pay ticket site.

I would suggest you choose the NOT GUILTY with a TRIAL with the officer present.

Once you get a trial date, then request disclosure.

Once you get disclosure, then you can decide whether to pay it or fight it.

There ...

Just as another thought, the only witnesses will be you and the other driver.

So if the other driver does not show up to court then do NOT testify against yourself and the charge should be dropped.

If the other driver does show up, then the prosecutor will ask them a bunch of questions about what happened to try and establish their case against ...

The issue with Following Too Close is whether you were too close or not for your speed. So I don't think yield or stop really matters. If you come to a full stop yourself and then waited for the other vehicle to start moving and did not move yourself until it was X number of feet away, then this is good because it proves there was seperation and ...

@iFly55 - That is good case law... I think that is the one I had read before as well.

@thisiskat - So with the above case law and your own testimony, I think it would be hard to prove following too closely as you were at a stop (which all cars are close together at a stop) and then were going less than 10 km/h at the time of collision (especially ...

I just happened across this, so here is an article about Careless Driving if it goes that far:
http://www.trafficticketparalegal.com/e ... standings/

And also R v Hollyoake 2010 ONCJ 578:
http://www.wejustwin.ca/wp-content/uplo ... CJ-578.pdf

Well that is good and bad!

The good news is the prosecutor even told you not to plead guilty. Get a trial date and then request disclosure and then you should be able to get off with a little research. There is some case law that I read (don't know it off the top of my head) that says exactly that a rear end collision is not necessarily following ...