Ontario Highway Traffic Act

@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