Ontario Highway Traffic Act

If you know the name of the person you spoke to, you could try to get a summons (Form 109) to get them to come to court. You need to call the Provincial Offences Office and ask them when you can come in to see a Justice of the Peace to get a summons.

Whenaxis wrote:That was in this decision before the Superior Court, lines 34 and 35:

Okay thanks... I have only gotten part way thru it so did not realize it was in there.

@whenaxis Do you have the caselaw for this: " There was an argument that the courts would be overloaded with these third party subpoena duces tecum requests, but the Superior Court in this decision said that it didn't think this would be the case "

On a side note, my argument about radar manuals is that you should get the manual that was provided ...

Yes the insurance will consider both at fault insurance claim and convictions.

So you can have an accident, be at fault but not get charged and rate will still go up.

A combination of at fault accident AND a conviction will cause greater rate increase.

Awesome! Congratulations on the win.

Good news! Glad you looked into.

Let us know what happens... very interested to hear the outcome.

If you are willing to challenge all the charges and take them all to trial, then go for it. If it was me, I would probably do the same thing.

My only warning is that if you are self-representing and you have no experience in court or you have not spent hours and hours learning about how the court works, you will most likely lose.

And even if you ...

I still need to read it all, but that is interesting decision because I am currently working on how to get certain items that are 3rd party and would fall under the O'Connor request anyways.

This is quite a set back for defendants, especially those that are self-representing and know nothing of the court process. They will now not even be able to ...

You should just fill out the application and be honest and go to several insurance companies. Then you will know who has the best rate and you will know that they can not drop you in the future because you were honest.

@dude

If the witness/pedestrian is not there, then I think they will have to withdraw all the charges. Lets hope that is what happens. Others may want to chime in as to whether you can still be charged with the Failing To Report and Failing To Remain even if the witness does not show up.

But if both her and the officer do show up, then you will ...

Google "Cross-Examining the Police in Traffic Court don't go fishing" and look at some of the results and read the one that says DONT GO FISHING in the second paragraph.

If you don't have a specific reason to ask a particular question, don't ask it. Unfocused questions rarely result in answers that will help your case, and they commonly give the ...

I like defenses like this because if the JP does not agree, there is still a chance on appeal that a Judge might.

Good case!

I like the reference to common law defence of de minimis non curat lex http://www.duhaime.org/LegalDictionary/ ... atLex.aspx I would definitely use that as a defense for the situation where you used your phone while you were stopped!

I would plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial, you can request disclosure (copy of officers notes). Once you get the notes, scan and post here so we can give more advice.

Assuming the officers notes are okay, then this ticket is pretty much impossible to beat. The officer basically just ...