Ontario Highway Traffic Act

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