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Also, when picking my battles I choose not to get argumentative or snarky over what I believe to be irrelevant questions from an officer. No one has to incriminate themselves. That's perfectly fine. While I don't personally answer every single question myself, I'm polite and respectful about it. Picking your battles doesn't just mean do as your ...

If you call standing up for your rights being a dick, then I am guilty.

I refuse to give into a police/nanny state and will take full advantage of my rights that still have not been stolen from us.

Well Option 2 as far I am aware is always GUILTY WITH AN EXPLANATION. Maybe others in this forum can confirm that. If this is the case, you will only be given option to give an explanation as to why the FINE amount should be lowered, and probably not anything else (although does not hurt to ask about the OWNER thing). If you have a trial and you ...

I agree with sonic's comments above.

This question about the window was asked not too long ago here, and has some good discussion about it, and you will see my comments and my position in that topic.
http://www.ontariohighwaytrafficact.com/post36737.html

What about the fact that a RIDE program stop is acting under the Criminal Code, not the HTA? How does this play into the scenario?

And after further thinking about this, this is what I will do from now on:
- I will still only put my window down a couple inches, but when asked to put it down further I will now ask "Am I required to do so by law ...

So one very very important thing I hope you take away is that you MUST see the officers notes. This is where you can bring reasonable doubt into the case based on what the officer says happened versus what is actually written in their notes.

If they failed to provide you with any disclosure prior to the day of court, this is definitely a reason to ...

@sonic mentioned this (with regards to the officer "usual practice" of testing the unit) in another thread which I thought was useful:

TESTING UNIT.... When they argue (which they most certainly will) that 'usual practice' is sufficient. Make the statement... "Saying that the devices were tested because it is 'usual practice' is the equivalent to ...

Why do you have an early resolution meeting? Did you choose NOT GUILTY on the back of the ticket, or did you choose the GUILTY WITH AN EXPLANATION? If you chose GUILTY WITH AN EXPLANATION then you have already pleaded guilty and will be charged and your explanation is simply to get the fine amount reduced and you will not get the charge dropped ...

You need to try and get proof that he called the police within 24 hours? Even though they did not take an official report, maybe they have some notes about the call. If there is no proof that the call was made to police then you are definitely in trouble as ynotp said above: "Not reporting the accident and impeding the investigation by repairing ...

If you go to trial, the prosecutor will amend the ticket back to the original speed of 77 in a 50.

Hopefully you chose NOT GUILTY and asked for a TRIAL with OFFICER PRESENT. Once you get your trial date, you can request disclosure. Once you get disclosure you can decide further what you want to do.

Read this topic:
http://www ...

When there is a change in the speed limit (say 50 to 60 one way and 60 to 50 the other way), does there need to be a posted speed sign in BOTH directions?

Thanks

For speeding tickets, the courts do not care about why you were speeding (unless your life was in danger). If you say "I was speeding but..." or "I was speeding because..." they don't care and you will be found guilty. I would suggest that your life was not in danger in your particular case from what you describe.

Best thing you can do is choose ...

With regards to the windshield, where was the crack? The HTA itself does not specify anything about cracks in the windshield, but there is an O.Reg for safety inspections that says there can be no cracks/chips anywhere on the drivers side of the window where the wiper blade wipes. So if the crack or chip is outside that area, then the windshield is ...

Does there have to be a specific agreement in place for private property (like a mall road) to be considered a "highway" or is it just the fact that it is generally used by the public?

Just to give closure; my trial date was yesterday, and after 2 adjournments, the officer never showed up for date #3 so the case was thrown.
Congratulations on your win!

A side note - I sat through 2 trials, both for using a cell phone. I can't believe the amount of stupid and "unprepared" that goes through those courtrooms. The 2 paralegals ...

I represented my wife for a speeding charge (133 in a 100) a couple years ago, and although I lost the trial, I won the appeal. The key to winning at the appeal was to have a ton of cross-examination questions that pointed out many different issues (reasonable doubt) at the trial, and although the JP at trial did not accept them, the Judge at the ...

It would be great if anybody wants to share questions they used when cross-examining the police officer at a speeding ticket trial, with regards to things like training and use of radar (and anything else you can think of).

I defended my wife a couple years ago for speeding so I will dig up my questions and post them below.

Would be great if we ...

So I think ynotp is thinking what I am thinking... the municipality has enacted a bylaw of 60 km/h that conflicts with the posted speed of 50 km/h, so the bylaw should over ride the HTA.

Sonic makes a good point about they can amend at ANY stage of the proceeding, but ynotp makes a good point of does that apply to the speed limit itself as opposed ...

bend wrote: If there evidence showing there is no basis to the charge, they will drop it. They are not hiding evidence.

It would be great if all prosecutors/officers actually kept this great high moral standard! Hopefully they will in this case.

Yes, they may present the dashcam evidence in court IF it benefits their case.

I would choose Option 3 on the ticket (request a Trial with the Officer PRESENT).

Once you get notice of trial, you can then request disclosure. In your disclosure request, make sure you request the dash cam video, whether or not the prosecution plans to enter it as ...

@karra - SteveF stated the following:
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 paralegals, and so I contacted a few criminal lawyers.

There is nothing erroneous ...

My wife got a speeding ticket for 60 km/h in a 50 km/h zone (officer dropped it from 72 down to 60). I already have a trial date in October and have requested disclosure.

It's my understanding that the HTA default speed limits for roads in Ontario are either 50 or 80 (or 100 on 400 series highway), and these can only be changed if the Town has a ...

Congratulations on taking the time to interview several paralegals and lawyers before choosing one! A big mistake most people make is to just hire the first one they call!

It sounds like you have found a lawyer that is interested in fighting the charge for you and not just plea bargaining like the others you talked to.

You are paying him, so make ...

I am not sure if they can do that or not... good question. However personally I would probably not mention it until after the fact... make sure it does not show you guilty of anything first and then a couple days later (after you have made copies) contact officer and be like "oh yeah, by the way I have some video of the incident".

In most cases ...

I like the double-camera 4SK606 by "The Original Dashcam" company. You can point one ahead the other either behind or at you.

Their website is at getdashcam dot com

Congratulations!

You never know what kind of prosecutor you will get... you got the good kind that actually told you up front that they will drop the charge if the witness does not show up.

Some prosecutors will unfortunately not be honest and upfront with you about the situation... they will use intimidation to try and get you to plead guilty ...

I suggest you always choose NOT GUILTY and request a trial with the Officer present.

Once you get a Notice of Trial in the mail, request Disclosure (which will be officers notes) and a copy of the radar/lidar manual.

Then once you review the disclosure, then you can decide if you should proceed to trial or just pay the existing ticket as it is ...

I was reading it at 3am so did not pickup on the fact that there were more than one opinion in it.

Thanks

This is from back in 1985 when RIDE checks were deemed to be unlawful:
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/69/index.do
http://canlii.ca/t/1ftwf

Paragrah 35: "...without validly enacted legislation to support them, the random stops by the police under the R.I.D.E. program are unlawful."

Whats the case law history on RIDE checks, and ...

Some good discussion here:
http://www.ontariohighwaytrafficact.com/topic7018.html