Search found 1722 matches

What requirements are there (acts/statutes/regulations) for police to identify themselves?

I would imagine there is something that deals with their uniform and badge. Anybody know where this is?

And are they required to identify themselves in anyway when asked? If we get pulled over at night, can I ask them to identify themselves before I answer ...

Again, once you get some details then maybe you can figure why it's so much and sort it all out... $30 to $186 does seem a quite bit unreasonable.

Remember that insurance increases have nothing do with demerit points. So even a charge with 0 demerit points could still increase your insurance rate.

You would need to specifically ask your insurance company
(1) will a 30km/h over speeding increase my rates and
(2) will a 15km/h over speeding increase my rates

Don't tell them you got a ticket ...

Yep just go into an MTO and ask and they will tell you yes or no. That's the easiest/best choice.

49 km/h over? ouch!!! you should slow down

Stanton wrote:For a privately laid charge, the Crown still acts as the prosecutor. The person laying the information would simply act as a regular witness in Court (assuming they witnessed the offence).

Thanks for clarifying this point ... have never laid a private charge so not 100% sure how that works.

@Dgupster
What I would do is make another request for disclosure, and say that the officers notes are mostly incomprehensible and that you would like a typed copy of the notes with explanations of the short forms used. Remember that you need to do everything possible now to set yourself up to win at an appeal if you lose at the trial. You might get ...

I see a moderator moved this over to it's own topic... Can a moderator possibly change the Subject/Title of this new thread to something more relevant like "Speeding can't read officers notes"?
Thanks

And here is another great article about your right not to talk to police which addresses the "requirement" to identify yourself and give a statement if you are in an accident:

http://canadian-lawyers.ca/Understand-Y ... ident.html

If you feel that the other driver should have been charged, you could go to police station and ask to speak to a different police officer and see if they are willing to charge the cab driver.

If they still will not do anything, you can request a a meeting with a Justice of the Peace and press Private Charges against the driver. If the JP allows ...

You will have to go to MTO ask for report on what the outstanding fines are.

Maybe some are a mistake but it will take some time to get it all sorted out and you most likely wont' get it sorted out before you need to renew your sticker so you will most likely need to pay them all to get your sticker renewed. Once you get it sorted out you will be ...

Yes good potential for fatal error!

So to get a fatal error to stick, you can NOT take it to trial. If you take it to trial they could amend the ticket and correct it. If you do not go to trial they can not amend it.

Hopefully JP will see the error and scrap the ticket. If not, you can appeal the decision.

You could try to get any statement you made thrown out so it cannot be used as evidence against you and then hope none of their witnesses show up. If the police officer did not see the accident then he cannot testify that you were following too close. Read this:
http://www.trafficticketparalegal.com/s ... s-victory/

@Memo1

You keep going back to the issue of whether officer should have showed you the display of the unit or not. It's a non-issue. They are not required to, and whether they showed it to somebody else or not does not help your case in anyway.

Also, do NOT bring up the issue of the speed about the officer saying it was 84 not 80 ... this could ...

The prosecution has to prove their case by showing that certain "elements" are true beyond a reasonable doubt.

They prove these elements mostly with the use of a witness (usually the police officer).

You get to then cross examine the witness, and this is where you want to bring in as much reasonable doubt as possible.

So the cross examination is ...

@Radar Identified - Again some good points!!

You are correct, that there might be times when you do want to testify and do want to give your side of the story (like defense of necessity), so me using strong language like "never" might be better worded as "mostly never". I did mention that with speeding, explaining your side of the story would ...

@sonic Yes you have some good points.

I am aware of the case law that says the court is supposed to help an unrepresented person understand their rights. However they are not required to explain the elements of the case the prosecution must prove and are not required to help you cross examine the witness. Its good to mention it at the beginning of ...

@iFly55 Is the original transcript from original trial available?

Also it mentions tuning forks!!! I did not think that tuning forks were used anymore. Or maybe that is for the units mounted in the vehicles only.

Thanks

First of all this is NOT legal advice. It's just my opinion of some things I have learned personally, and for educational purposes only!

So you are thinking "I want to represent myself in court" ... well good for you!
But most likely you are going to lose. Why do I say that? Because you don't know the RULES.

Here is an example...
Let's say two ...

So I have been doing some research about my rights and realized that I do NOT ever have to talk to the police and I NEVER have to answer any of their questions.

I may be compelled/required by statute to show my drivers license, insurance and registration but I do not have to say anything or answer any questions.

I may be compelled/required by ...

So when we are stopped by police at a RIDE checkpoint, the first thing I always ask them is "What is the purpose of this stop?"

Usually I get a response along the lines of "looking for drunk/impaired drivers".

Now I know I do NOT have to answer any questions they ask me, so whatever the ask I just say "I am legally not required to answer any of ...

This is NOT legal advice, just my opinion.

Exercise your rights... Always choose Not Guilty and ask for a Trial WITH the Officer present.
- You have the right to be assumed innocent until proven guilty.
- You have the right to a fair trial by an impartial party.
- You have the right to a speedy trial.
- You have the right not to testify against ...

Well first thing is you have a witness who was with you, so are they willing to testify that you were not driving careless?

They would have to come to court in person to testify

If both of you testify under oath and tell similar stories, and you both really believe you were not driving carelessly, then this could be helpful.

Not sure about the ...

I am not a lawyer or paralegal but I have represented my wife twice and a friend once at both trial and appeal (for highway traffic act offences). I presented arguments, made motions, cross examinied witnesses, etc. The Crown attorneys, justices of the peace and judges did not have any issues with me doing this.

That is incorrect ... a friend or relative can represent somebody at trial. The exception is for indictable criminal offences only.

The Law Society of Upper Canada By-Law 4, Part 5, Section 30, Sub-Section 5

By-Law 4 - Licensing

Part V - PROVIDING LEGAL SERVICES WITHOUT A LICENCE

Providing Class P1 legal services without a licence
30.
(1 ...

I suggest you choose Option 3 NOT GUILTY and want TRIAL with OFFICER PRESENT.

Once you get trial date, then request DISCLOSURE from the Crown, which will include the Officers notes (there are a few sites that will tell you how to write that).

Then call provincial offences office and ask them what date the officer filed the original Certificate of ...

I suggest you choose Option 3 NOT GUILTY and want TRIAL with OFFICER PRESENT.

Once you get trial date, then request DISCLOSURE from the Crown, which will include the Officers notes (there are a few sites that will tell you how to write that).

Then call provincial offences office and ask them what date the officer filed the original Certificate of ...

It just means that you said you are going to represent her in court.

A friend or family is allowed to do this, you will just need a note signed by her saying that she wants you to represent her.

She can still hire lawyer or paralegal at anytime in the future if she wants, and she can choose to defend herself if she wants.

I don't think it is ...

Well if he charged you for going thru an amber light, but he said it turned red, then you actually went thru a red light (per his testimony) which is a different charge.

I suggest you immediately make written notes (in pen with the date you are writing them) about what happened.

Then you should also remember for future reference that you do NOT ...

(1) Yes they can (the government can pretty much do whatever they want because we as Canadians have been letting them get away with it for far too long).

(2) No. You will have to do a little reading and research as I cannot remember where I read it (Provincial Offences Act, Courts Of Justice Act, or Highway Traffic Act) but somewhere in there it ...

Hi

Is there a way to change speeding ticket plea to Not Guilty after signing and sending in with Option 2 Guilty with an explanation?

Thanks