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It is always worth fighting.

Choose Option 3 NOT GUILTY and request a TRIAL with the officer present.

Once you get your trial date, request disclosure which will include the officers notes AND a copy of the video.

After you get disclosure, then you can decide whether to proceed or not.

VERY IMPORTANT: Do NOT mention anything to the prosecutor about the charge being the wrong one!!

You do not want to give them a heads up about any issues because they can amend/change the charge if they know about it. Maybe they will figure it out themselves, but do not help them out by pointing out their mistakes to them.

Okay thanks for clarifying.

I include all that information on my disclosure requests, so there is no harm in doing it.

You can use any form or letter that you want to request disclosure. There is no requirement to use anything specific.

Take some pics that include the street names in the picture. Pictures MUST be date/time stamped and they must be printed at a real place that does pics, not from your home computer. You should have three copies of each pic so you ...

1 to 15km/h over is 0 demerit points but is still a minor offence and can affect your insurance.
16 to 30km/h over is 3 demerit points and is also a minor offence and can affect your insurance.
You were charged with 36km/h over which is 4 demerit points and consider a MAJOR offence by insurance.

The demerit points are not really the issue unless ...

Well you still want to get disclosure, if you can, before you speak with prosecutor. If you applied for disclosure, prosecutor MIGHT have it for you a meeting.

You probably still don't need a lawyer yet, and everything said above still applies.

The prosecutor may or may not offer you a plea deal at this meeting, and you may or may not have ...

So it says:
411. At a level crossing, the driver of a road vehicle or any person riding a bicycle must stop his vehicle not less than 5 metres from the railway where a sign or signal, a lowered gate or a railway employee signals an approaching rail vehicle, or where the driver or cyclist sees or hears a rail vehicle approaching the level crossing ...

This forum mostly deals with the Ontario Highway Traffic Act. But maybe somebody will know something about Quebec to help you out. What is the exact charge/section number?

If you have been convicted, then you should get a notice in the mail. But sometimes mail gets lost.

So definitely look into it and if you HAVE been convicted, then you need to file an appeal and then you will get a trial date for the appeal and you will have to show up with the original unsigned Notice of Offence/Summons that you received that ...

Courts in Ontario have ruled that a misspelled name is not enough to get you out of the ticket. Read iFly55 list of fatal errors posted above.

Yes definitely get your disclosure of the officers notes and then decide what to do. Section 175(11) reads:
Duty of drivers when school bus stopped
(11) Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before ...

If you AND your witness are both willing to take the witness stand and swear to tell the truth and testify that it was unsafe, then you have good chance of getting that one dropped. When it is you versus the officer, the JP will almost always side with the officers version of things. But if you can provide another witness that will side with you ...

Did you select an option already? What is option 2 on the back of your ticket?

When an officer reads their notes from the stand, what specific questions does Crown/JP usually ask before allowing officer to read from them?

Also is there any requirement as to whether the notes have to be kept in the officers own possession the entire time?

Thanks

@Stanton that is amazing that you can actually read that! Thanks.

@Decatur yes looking thru the manual I now see where it says that. Thanks.

And another question... it appears in the notes he is referring to a GENESIS DIRECTIONAL as the radar unit. I requested the FULL manual in disclosure and they actually sent me the whole manual, but the manual is for the GHD and the SCOUT. Are these different models?

If anybody can help decipher these notes, that would be great as they are mostly illegible. I have already made a second disclosure request asking for the officer to decipher and type them out.

Also, the first page seems to be from his normal notebook, but the second page is from somewhere else. Why would all his notes not come from the same place ...

So "driver fail to surrender license" is different from "driving without a license".

Somebody else in the forum will have to chime in on how serious this offence is with respect to insurance rates.

However, I think (but am not 100% sure) that the charge you got is much less serious than the driving without a license charge. They probably will not ...

Going to court is not frivolous... it is your RIGHT. You have the right to a fair trial and the right to be considered innocent until proven guilty. You and your wife both believe that you are innocent of going 130 in 100, and therefore you should not plead guilty to the charge. However, you and your wife will both probably agree that you were ...

I will quote from another topic again to answer that for you (http://www.ontariohighwaytrafficact.com/topic7089.html):

I interviewed a few paralegals about this case, and they were all fairly evasive and said the most likely scenario is that I get plead down to 49+ under Section 128, with a fine.
To be honest, I was less than impressed with the ...

Still not clear what the other car was doing... it passed you and swerved into your lane and hit it's brakes?

Speeding is an absolute liability offence which means they do not care about WHY's or BUT's .... If you admit to speeding, even 1 km/h over, they will find you guilty. For insurance purposes, 1 km/h over to 30 km/h over is going to affect ...

bump ... Anybody have any ideas on this one?

I can not find anything specific about this.

Did the other vehicle pass you first and then slam on it's brakes? What are some more details on this other vehicle?

How fast were you actually going with cruise control set?

The good news is that you have a witness (your wife) that will testify the same thing as you, as far the fact that you were not doing 130 and to the actions of the other ...

Okay so the first court date for a summons is NOT your trial date yet.

Again, you should (almost always) request disclosure before you agree to make a plea. Disclosure is very very important to see what their case actually is against you.

The prosecutor might offer you some kind of plea deal if you plead guilty right away to some lesser charge ...

When the officer pulled you over, what did he give you (it will say what it is at the top of whatever he gave you)?

Did the officer give you a SUMMONS with a court date on it to appear?

Or did the officer give you a NOTICE OF OFFENCE that you signed and mailed in and then they sent you a NOTICE OF TRIAL or NOTICE OF EARLY RESOLUTION?

It appears by your statements that you do not have any experience in a court. The best way to get experience in a court room is actually representing yourself in court, HOWEVER the downfall is you will probably lose a lot at first when you are learning how it all works. This is a serious charge as others have said, and hiring a paralegal or lawyer ...

As Decatur said, these are NOT fatal errors. Ontario courts have previously ruled on issues like this and it has been decided that they will NOT get you out of your ticket.

However you MAY still be able to fight it.

I suggest that you enter a NOT GUILTY plea and request a TRIAL with the OFFICER PRESENT.

Once you get Notice of Trial, you can ...

Option 2 in some jurisdictions is an early resolution meeting and they do not have the "guilty with and explanation option"

Okay that is good to know! Hopefully thats what Option 2 was in this case!

If Option 2 was the GUILTY WITH AN EXPLANATION option, can you change your plea from GUILTY to NOT GUILTY? Just curious if anybody knows whether ...

I'm not fully understanding what the argument against ride checks is. They are there to make the roads safer.... I have a right to drive in public roadways and not be wrecked by an intoxicated driver. The program was started, I'm assuming, because of public outcry to do something about impaired drivers and a high accident/fatality rate from it (as ...