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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 ...

Going to trial is nerve racking, especially your first time.

There is LOTS you could know, but that takes a lot of study and you do not have a lot of time,

Read this:
http://www.ontariohighwaytrafficact.com ... t7039.html

1) Electronic tickets can have an electronic/typed signature. Handwritten tickets need to be signed, but the officer priting his name would be sufficient.
2) Most likely not, but even if he was trespassing it would not affect your speeding ticket.
3) Yes that is valid. Even in court if the officer says something different than what is on the ticket ...

(1) Prosecutors do not have to offer you a plea deal at all. It is up to them if they want to do that or not, and it is up to them whether they choose to offer you one later or not. It is completely up to the prosecutor and an adjournment may or may not make a difference later on. It is completely up to each individual prosecutor.

(2) An appeal is ...

Always ask in writing. But if the prosecutor says there is no video, then you most likely will not get it.

During cross-examination of the officer you can ask "Why did you tell me you looked at video of incident?"

If he answers that there is NO video then you can say "So you lied to me about that?" Your goal here would be to discredit the officer ...

I usually do not say too much to the prosecutor and wait until I am in front of Judge/Justice of the Peace during either cross-examination of the officer or for my own testimony.

+1

Good info to know!

So lets assume that on the trial date they still do not have the disclosure ready for you. In this case, I would NOT ask for adjournment but instead I would state all the dates that you made the requests for disclosure and then ask for the charge to be dismissed. However, most likely it won't be dismissed and the JP will tell the prosecutor that ...

It looks to me like the officers notes state that "Rear wheela on stop line and front wheels were on crosswalk".

So you could actually take the stand and testify the same thing as officers notes and that you were already in the intersection per 144(1) definition and you just waited for when it was safe to complete the turn.

Only Charter arguments need 15 days. Regular motions only need about 3 days notice.

If you do not show up for motion date on January 30 then they will just move it.

If you do show up for the motion date, then you can argue that you do not want them to move it and why. The JP gets final decision on whether to move it or not.

Assuming the officer did not weigh your truck, then you can probably beat the ticket.

Basically ask the officer how heavy your truck is (which he wont know), then read the bylaw and then say that the prosecution failed to prove that your truck meets the definition of heavy truck and therefore the charge should be withdrawn.

You do not even need ...

So you won! Congratulations!

Yes.

At this stage, I would just wait until trial and on that day ask for it and say you did not know you could ask sooner.

And then tell you want to have time to review the disclosure and possibly seek legal advice and most likely you will get an adjournment to new trial date.

Congratualtions on doing what sounds like a good job in court!

Basically after you ask all the officers all the questions you want, you will then get a chance to take the witness stand and give your side of the story.

When that is all done, you get to present your closing arguments which is where you basically summarize all the problems with ...

You should really get disclosure before trial. I would send a request ASAP for it. At the first trial date, you can request an adjournment to another date as you will need time to review the disclosure and prepare a defense as if you have just received it you will not have enough time to do it.

We need to know what the officers notes say before we ...

Section 23(3) of the Ontario Highway Traffic Act says:
Every driver of a commercial motor vehicle shall carry evidence of a type prescribed by the regulations that the vehicle is insured as required by this section and shall surrender the evidence for reasonable inspection upon the demand of a police officer.

Was the ticket in Ontario? Can you ...