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Did the officer correct the time on the Certificate of Offence, or did the Prosecutor change the time, or did you?

Can you scan and post your copy of the ticket? The officer is not allowed to change anything on the certificate of offence after giving you your copy of the ticket (Notice of Offence).

If you did not correct the time, then you need ...

Yes you can represent your wife and she does not need to be there. But I believe you need copies of the transcript from any previous court dates.

Early resolution is a waste of time in this case. Even at trial you most likely will not get a further offer to have it reduced by prosecutor as the officer already did that. Although, there is maybe a 50/50 chance of getting it down to 15 over (does not hurt to ask).

If you take it to trial and lose, it will be raised back up to the original 35 ...

It seems confusing to me... why would this sign be in the middle of the street. You would think that it should be just before or at the intersection. The other thing that is confusing is that there does not appear to be an intersection at the end of the street to go thru anyways.

More confusing is if you use google maps and go to the end of ...

Yes it appears to be a Laser/Lidar device. These have a sight that the officer looks thru and will target usually the license plate of the vehicle. They can not get a reliable reading if there are vehicles in the way or passing thru the beam though and they are more prone to error when handheld as opposed to being on a stand.

So even if the prosecutor does offer some sort of lesser charge, remember that insurance may not see any difference.

Insurance companies classify convictions as either MINOR, MAJOR or SERIOUS, so a lesser charge (from Highway Traffic Act and fine perpsective) may still cause the same inusurance increase.

You can ask your insurance company for a ...

Most likely questions will be along the lines of trying to get her to admit that she was speeding or could have been speeding.

Basically if she agrees that she WAS speeding, then she will 100% be convicted of speeding.

If she agrees that she could have been speeding (because she can't say for sure that she absolutely was not) then this simply ...

If you pay before the trial, then you are admitting guilt and there is no trial. You payed full price so everything is done and there are no refunds and no opportunity to get it lowered.

I do not recommend early resolution because you will not have an opportunity to see disclsoure (officers notes), which you have the right to see. Early resolution ...

Well that can only happen if you actually go to trial AND the JP thinks what you did was really a big issue.

So you can pay the original fine right up to just before the trial starts and then they can't raise it.

However in your situation (assuming the officer has good notes and we do not see any good defense) then you might want to consider ...

Well both are very serious so he might want to get a lawyer!

I would recommend that he NOT plead guilty to either, and that he should plead not guilty, ask for a trial and ask for disclosure (copy of officers notes).

Demerits do not affect insurance. For example a 0 demerit speeding charge (1 to 15 over) will cause the same insurance increase as a 3 demerit speeding charge (16 to 29 over).

But in court they will NEVER lower the demerits (actually they can legally NOT lower them).

Whatever charge you end up pleading guilty to, the associated demerits will be ...

Well at least there was a reduction. Congratulations on following thru to the end.

Ontario courts seem to side with the decision that all an officer has to do is say "I am a qualified operator of the radar/lidar device". The officer said it, so it must be true!

The same goes for the radar/lidar itself... all the officer has to say is "I believe the device was working properly at the time". The officer said it, so it must be true ...

What does the wording on the ticket specifically say? Does the wording match the 148(8)(a) or 148(8)(b)?

Regardless, I would plead NOT GUILTY and request a trial with the officer present. Once you get your notice of trial, then you can request disclosure (copy of officers notes) and then better decide if there is a chance to beat it or not.

I have never had any problems when I have produced them in court.

See this one:
http://www.huffingtonpost.ca/2016/01/20 ... 29934.html

Just like any fax, it is only confirmed sent if it is confirmed received.

Yes. Plead not guilty and request a trial. Once you get your notice of trial, then you can request dislcosure (copy of officers notes).

There are a couple possibilities... in Toronto it can take a really long time to get a trial. If the time frame exceeds a year, then you could make a charter challenge for not getting a speedy trial.

The other ...

Ask for a copy of notes from all officers involved, a copy of the manual for the speed measuring device used, a copy of proof of officers training and qualifications to use the speed measuring device, a copy of any will-say and witness statements, and a copy of any audio/video.

I dont know what you mean by TRIAL SCHEDULE REQUEST... you said that you already got the Notice of Trial with your trial date.

As far as disclosure goes, it is YOUR responsibility to ask for it and it is YOUR responsibility to see if it is ready to be picked up. If you are wanting to reschedule because you did not get it, you could wait until ...

As long as there is some kind of location then it is acceptable. If they left the location area blank then that would a problem.

Send disclosure request as soon as possible.

If the charges were given at the same time by same officer, you can just send one request.

I always use those free online fax services.

The SUMMONS date is NOT your trial. You simply need to show up and tell them whether you want to plead guilty (bad idea) or if you want to plead not guilty and have a trial. You don't need a lawyer for the summons date.

If it was me, I would tell them you want to plead not guilty and want to get disclosure, including all witness statements and ...

Well no signature means it is a fatal error.
No drivers license also means it is a fatal error.

Was there more than one person pulled over at the same time as you? I would imagine that somebody else got a ticket with your information on it and you got theirs.

However, this is still improper service as you were not served with an Offence Notice ...

No. But when you check in with the prosecutor you can explain why you sent it and why you thought it was a fatal error but then realized it was not.

Ah okay... so the location is on your Notice of Offence, so it is NOT a fatal error. This defense will not work for you.

Well even now they do not HAVE to give you the deal. If you left the meeting with the prosecutor on fairly good terms though, then they will probably still offer it to you.

You should call the prosecutors officer and try to speak with prosecutor directly to say you would be willing to accept the offer, or at least leave them a message. You could ...

It does not matter what the system says... if your ticket does not have the set fine on it, it is a fatal error. The only way they can fix it, is if you show up for the trial. I would not go to trial if it was me.

What I would do, about 2 days before the trial date, is fax a letter to both the Prosecutors office and the Clerks office that says the ...

@daggx - good catch!

Yes a missing location is a fatal error. However in order to beat the fatal error you must NOT go to trial because they can fix/amend the error once the trial starts.

What I would do is fax a letter to both the prosecutor and the clerk ASAP. In the letter I would say this:
"With regards to my ticket#123ABC , it has come to my ...

They will most likely (no guarantees) still offer you the deal.