Ontario Highway Traffic Act

I personally see early resolution as a waste of time. If you just set a trial date then you can meet before trial with prosecutor to discuss plea deals. You also do not get to review disclosure before an early resolution meeting.

I recommend you plead NOT GUILTY and request a trial with the officer present. Once you get the Notice of Trial, you ...

You can file both a section 7 lack of disclosure challenge and an 11b speedy trial challenge.

You would ask to review the 11b first and if it does not succeed, then you bring up the 7 for lack of disclosure.

The courts have decided that it it is YOUR responsibility to check if disclosure is ready and it is NOT the prosecutions responsibility to inform you that it is ready. Sometime they do send it and sometimes they do contact you to let you know its ready, but they do not have to. If it is ready but you did not call to check, then the delay will be ...

The courts have ruled that it is up to YOU to contact the prosecutor to see if disclosure is ready (and they are not obligated to send it to you either, so you might have to go pick it up).

Some of us think your video does show careless and others of us don't. Given the seriousness of a careless charge, a plea might be the better option to at least consider.

You would need to file for an 7 instead of 11b if you dont get dislcosure.

I would say yes you are better filiing the section 7 lack of disclosure one. However remember for either of these to succeed you need to give notice to both the Attorney General of Ontario and the Attorney General of Canada at least 15 days before the trial date. The ...

And what was the date you asked for a trial? If you did early resolution the time up to that point does not count either.

Being able to stop but choosing to change lanes instead does not equal careless. If a vehicle was cut off, then where was that vehicle? Even passing the other vehicle that pulled out, it was still not going very fast.

Also the charge is not speeding though, it is careless. Speeding does not equal careless.

Can a charge of speeding be issued even ...

Good for you for wanting to go all the way!

If you haven't already read these threads, they might be helpful:
http://www.ontariohighwaytrafficact.com/topic7039.html
http://www.ontariohighwaytrafficact.com/topic7041.html

Those two decision are both Ontario Court of Justice level and are both by Justice of the Peace which means they are NOT binding on any court or any other Justice of the Peace.

I would still make the 11b arguments at 10 months, even though a JP may agree with prosecutor that it should be 18 months it will make a good appeal argument for a Judge to ...

It will probably take somebody having to take the presumptive ceiling thing to Ontario Court of Appeals to get a real decision as to whether it applies to POA or not.

My opinion is that it does NOT apply to POA. Prosecutors will of course argue that it does.

Read this thread for further comments:
http://www.ontariohighwaytrafficact.com/topic7680 ...

It's hard to tell whether you were speeding or not, but you can see you slow down a little when the van pulls out in front of you.

So my opinion is that how were driving was NOT careless. The van pulled out and you had to change lanes to avoid a collission.

As long as you checked the lane was clear to your left, then you do not need to signal ...

For provincial offences, they have up to 6 months from the date of the offence to issue a ticket. So if they realize it was the wrong charge, before the 6 months is up, they could withdraw/drop the existing charge and re-issue a new ticket with the correct charge on it. Once you pass the 6 month mark, then it is okay to tell them about the problem ...

Just remember that when you show them they made a mistake, this gives them an opportunity to correct it. In my opinion, you should cancel early resolution meeting and say you plan to plead not guilty and want a trial date. Do NOT tell them about the mistake. On the trial date you and your friend can show up, and when the officer is on the stand ...

Here is a previous discussion on the R v Jordan case:
http://www.ontariohighwaytrafficact.com/topic7680.html
My opinion is that the 18 months does NOT apply to POA offences and that it still remains at the 8 to 10 month limit.

As far as cross-examination goes, here is a thread to give you some tips on that:
http://www.ontariohighwaytrafficact.com ...