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I appealed the case and won... appeal was allowed so charge was dropped.

The appeal addressed many issues, one of them being the fact that I did not get a copy of the manual.

The prosecutor did not fight the case, just told the judge he was going to allow the appeal. Now presecutors tend not to just let you win, so obviously there were some good ...

So I was reading the Compulsory Automobile Insurance Act and it says we must be insured but does not specify what the insurance must be.

I am sure there must be another act or regulation stating what is required.

Where does it state the minimum liablility coverage required, and where does it state that accident benefits are required (and any ...

Can you ask for a Conditional Discharge for a POA offence (like speeding)?

I know there is high hurdle to get over with convincing a Justice, but I just want to know if it is a possibility, or if conditional discharges only apply to Criminal code matters.

Thanks

When the accident occured your license was NOT suspended, so you can tell him that no my license was not suspended when the accident occured.

Some insurance may not let a suspension due to unpaid fines affect your rates since it was not a driving related offence. You will need to ask insurance company.

You need to appeal the decision and then go to the appeal Judge and say the Justice made an error at law because the ticket was not regular on its face (wrong fine) and that the Justice should have quashed it.

What was the set fine and total payable on the ticket? Total Payable will be Set Fine + Victim Surcharge + $5 service fee.

http://www ...

Or maybe the insurance companies themselves decide whether to ignore the non-driving related suspensions? I guess we need to ask our insurance companies to find out for sure.

As I stated above, all the prosecutor gave me was cover and one page of testing procedures. I made a second request and he said no that was all he was going to give me. I brought it up to Justice and he said I should have gone to a library to look at manuals. Would be great if the Justice could tell me which libraries carry the manuals because I ...

You are INNOCENT until proven guilty in a court of law (or until you pay the ticket and select the guilty box). Always remember that ... INNOCENT.

Prosecutors are sneaky and while meeting with them before a trial or even in a trial they may ask a question like "but you are guilty right?" or "but your license was expired right?". NEVER answer them ...

I found this article:
http://www.wheels.ca/news/when-a-forgotten-fine-ends-up-in-a-licence-suspension/

According to Bob Nichols Ontario Transportation Ministry spokesperson:
"MTO does not send a notice of suspension to insurance companies. Insurance companies do have access to a driver's driving record through the Authorized Requester Program. An ...

When the police come to question you I hope you did not answer any of their questions. You are not required to answer anything. Never talk to the police. If you answered their questions then you have convicted yourself. Everything you say WILL BE used against you in a court of law, and you are not required to testify against yourself.

If you are ...

JohnDeere wrote:Insurance companies do not use suspensions for unpaid fines against you.

Hey JohnDeere, are you sure about that? This would be good news for a friend of mine!

Anybody have copies of most recent Genesis II manuals?

I am looking for:
Genesis II Select or Genesis II Select Directional
- User's Manual and Installation Guide - Canada Variant Rev 25/Aug/2010

I requested disclosure, but only got cover and test procedures page. I then asked Justice that I wanted whole manual and he told me that I should have ...

Total Payable = Set Fine + Victim Surcharge + $5.00

In my opinion you should ALWAYS ALWAYS ALWAYS request a trial date with officer present because it gives you more time to think about what you want to do AND lets you request disclosure of the officers notes to see if there are any issues (like did not test radar unit) AND lets you make sure the ...

Total Payable = Set Fine + Victim Surcharge + $5.00

In my opinion you should ALWAYS ALWAYS ALWAYS request a trial date with officer present because it gives you more time to think about what you want to do AND lets you request disclosure of the officers notes to see if there are any issues (like did not test radar unit) AND lets you make sure the ...

I highly recommend you definitely always request a trial with officer present. ALWAYS. ALWAYS. ALWAYS. If everybody in Ontario did that then the wait times would be too long for trials and we would get off on charter right to speedy trial. Also, if you request a trial WITH the officer present, then you have more time to think about what you want to ...

I have the list of Fatal Errors and Non-Fatal Errors from TicketCombat below each question, and I was wondering two things:

QUESTION #1
Which of the Fatal Errors can be amended at the trial by the prosecutor/Justice, if any?

Fatal Errors - The following errors are fatal and will get your traffic ticket thrown out:
no offence date;
no ...

You can also go to this page:
http://www.ic.gc.ca/app/sitt/reltel/src ... o?lang=eng

and type GENESIS into the Model field and it will pull up all the IC for the different genesis models (like genesis II select).

And am I correct in assuming that for a speeding ticket, the officer must correctly identify the vehicle? If this is the case then would that not apply to Talking On Cell While Driving as well?

Thanks

Hi

Was hypothetically charged with 78.1(1) Hand-held devices prohibited
Wireless communication devices
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail ...

okay thanks

Thanks Decatur

Sure there are...
128(1)
128(1.1)
128(2)
128(3)
128(5)
128(6)
128(6.1)
128(6.2)
128(6.3)
128(8)
128(8.1)
128(8.2)
128(9)
128(10)
128(10.1)
128(11)
128(12)
128(13)
128(14)
128(14.1)
128(15)
128(15.1)
128(15.2)
128(15.3)
128(15.4)
128(16)
128.1

And there are lots of subsections under those as well with all their (a) (b) (c) stuff as well.

Maybe I ...

I did find this case which talks about wrong section numbers and omitted section numbers:

R. v. Stuparayk and Firminio, 2009 ONCJ 394 (CanLII)
http://canlii.ca/t/25dzc

It appears that a wrong section number is grounds for quashing where as an omitted section is not.

So now the question becomes: Is stating the section simply as "128" considered a ...

I found the following article on cross-examination:
http://www.nolo.com/legal-encyclopedia/free-books/beat-ticket-book/chapter11-2.html

It was very helpful in giving me ideas on how to question the officer, and I can hopefully bring his testimony into question.

I also found this site to be helpful:
http://fyst.ca

And of course:
http ...

In Ontario, does an officer need probable cause before they can turn on their radar?

For example, do they need "witness the vehicle at a high rate of speed" before they use it, or can they just have it on all the time?

Thanks

Thanks ... thats what I needed (a place to start).

Hi

How do you actually go about researching case law? Where do you look?

For example if I want to find cases in Ontario Provincial Offences Court about fatal errors on certificate of offence about whether putting down the HTA section number but no subsection is consdered fatal error or not?

Thanks

So to answer my own question for (2) above, the answer is most likely you will never be able to use a Fatal Error during a trial to get it thrown out because the Court may amend the ticket at any time under Section 34 of the Provincial Offences Act. So this means that no matter when you bring up the fatal error and no matter what it is, the Justice ...

Hi

I know this is an old thread, but was the only one I could find that was relevent ...

So is it still considered a fatal error if only the section number 128 is written on the Offence Notice with no subsection (hypothetically for say speeding 115km/h in a 100km/h zone)?

So assuming yes, would these be my options?

(1) Do not choose any options ...

@bend said " If you believe the officer is wrong in his notes, I suggest you use that information against him in your defense."

This is kind of what I was asking about (although I did not say it very well) ... so do I want to show that the officer's testimony is unreliable because of this? Is there a specific legal term I can search for case law ...