Ontario Highway Traffic Act

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.