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Plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial with the trial date, you can then request disclosure (copy of officers notes, witness statements). Once you get the disclosure, scan and post here so we can review.

If you tried to avoid hitting another vehicle, it does not sound like careless driving ...

So you own a vehicle with Ontario plates on it already? Or you are coming to Ontario and you want to switch the plates to Ontario plates? And why would you need to get an Ontario license for a 70 day visit?

So what usually happens at court, is if you and the officer both testify, they will (99% of the time) believe the officer over you. But as soon as you have a second witness that can confirm your story, this will usually (99% of the time) sway the decision back to your side.

Just out of curiosity, did the light change to red at all before you got to the intersection?

If your dad was with you, does he also believe that it was not safe for you to stop? If both you and your father testified that you did not believe it was safe to stop, then there is a very very good chance that you will get the ticket dropped ...

Awesome

Congratulations on the win!

They can not use/enter anything into evidence at trial (like a video) unless they provided it to you as part of disclosure before hand.

You are correct that the officers notes only link the samsung to being in the cupholder after he comes to the window. So you can make this comment in closing submissions that the officer did not identify the ...

Did they change the charge then to a different section of the HTA or to a bylaw offence or to the NCCTPR?

If you want to appeal, you need to pay for 3 copies of the transcript in advance. So now you have to decide if your time and money is worth appealing it. Personally I encourage the appeal on principle alone, but that of course does not mean ...

You need to go thru the original transcript line by line, and highlight anything you said that you think is important, or anything the JP did/said that was incorrect and then you need to make those points known to the Judge at the appeal.

However, it is important for you to note the following:
- When the officer was on the witness stand, this is ...

The fact that the officer got your car wrong is irrelevent. The fact that the no standing zone is in the morning only is irrelevent. The amount of traffic is irrelevent. This has nothing to do with parking so whether you turned your engine off or not is irrelevent.

The officer notes you had a device that illuminated your face and later in the ...

he didn't lower it at all, he gave me the ticket for 27 over

Okay so that is good as the prosecutor may be more willing to reduce it. Again, get disclosure first and read the officers notes and then you can decide if you want to fight it, or try to plea deal to a lower amount. There is no downside to pleading not guilty and asking for disclosure ...

Unless you have a valid reason that the ticket totally is bogus (in this case you don't), I find early resolution to be a waste of time as you still need to show up for trial anyways to get the fine lowered, so it means two days off instead of one. At trial, you can still meet with prosecutor before the trial starts and discuss a plea bargain.

Did ...

Almost all tickets can be used by insurance to increase your rates, and each insurance company is different so there is no way to guess... need to ask them directly. Hopefully it is just considered MINOR and will not cause much of an increase.

Let us know what happens tomorrow!

I contacted the minister and my mpp a while back saying I did not approve of this.

Failure to have insurance is a huge fine and a very serious charge for insurance purposes. Failing to provide your insurance card is a small fine (in comparison) and just a minor charge for insurance purposes.

The officer can still charge your friend with not wearing a seatbelt any time up to 6 months from the date that it occured.

Is early ...

Okay so that is interesting that yours was signed but the officers copy was not? Or I wonder what other issue there could be?

You should call the Provincial Offences Office and ask them what date they received and filed the Certificate of Offence from the officer. The officer has to file it within 7 days so if it was filed after that then the ...

If you show up for court then they can fix/amend it and carry on as if nothing happened.

If you do NOT show up, then they can not amend it.

Very important... Was your copy of the ticket signed?

Read this thread: post44048.html

I am well aware of eyebrow-raising decisions... the last speeding trial I did, was one of them! I would have appealed it, but they wanted $1,091.00 deposit for transcripts. There is no provision in Ontario to get transcript costs for an appeal waived, so no money = no justice :(

Anyways, an officer can pace you from in front as long as they ...

Just some general discussion on mounting a defense against pacing and speedometers...

So there are a few things to consider:
(1) In Ontario, the case itself that the prosecution likes to use (see below: R v Bland) is quite old (1975).
(2) If the officer says he was going the speed limit and you passed him, then this in itself would set the stage ...

The charge is for USING or HOLDING the phone... so even if the phone was off, just holding it is enough to be charged.

If you can question the officer and get him to admit that what you were holding maybe was not a phone, and was instead possibly a media device like an iPod, then you might beat it, but officers notes look pretty good.

I think we just discussed this almost identical situation in the this thread:
improper-use-of-high-occupancy-vehicle- ... t8028.html

I think this was a "did not show for court" so should be no transcript

The only cases I have read that say 18 months apply to POA are ONCJ from Justice of the Peace which means they are not binding yet.

If nobody argues then it will definitely go that way!

I have not personally had a case go over 10 months, so have never had to argue an 11b, but hopefully there is somebody out there that can use this to take it on.

Was the prior number of 8-10 to months a presumptive ceiling as well, where it was automatically considered unreasonable if it went over that time frame? So would JP's just sort of say "yes its been more than 10 months, so is unreasonable". Or did you have to prove it was unreasonable?

With the new 18 month ceiling, you can still argue that the ...

More info on 11b charter issue and 18 month issue here:
post44568.html

I have decided to share my thoughs on the presumptive ceiling of 18 months for 11b charter challenges from R v Jordan 2016 SCC 27, [2016] 1 SCR 631
You can find it here if you want to read it yourself: https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16057/index.do

A couple of notes about the case...
- All the unnumbered paragraphs at the ...

Yes you are fighting conviction.

You ask for copy of Certificate of Offence from clerk, the same place you ask for the appeal form, and (usually) the same place you pay the fine.

Disclosure is irrelevant at this stage. You only need disclosure at the trial. An appeal is NOT a new trial.

At the appeal, you bring your copy of the ticket and tell ...

Go to Provincial Offences Office and ask them for the APPEAL form. Be sure you are doing an APPEAL and not a re-opening.

Although you can also request a "Request to file appeal without paying fine", it is quicker and easier to just pay the fine at that time as well.

I would also ask them for a copy of the original Certificate of Offence that was ...

Yes they could withdraw and re-issue. Would they bother? Most likely not, but still a chance.

Personally I would do what you said and wait until trial date to show up and discuss with prosecutor. Bring a copy of the regulation and a copy of section 154

First, I would like to ask where exactly this took place (i.e. name of the road/highway).
In order for the charge to be valid, you need to have been on a King's Highway designated for HOV lanes.
Check this: https://www.ontario.ca/laws/regulation/050620#BK10 and see if the road you were traveling on is listed there.
(HOV lanes are only designated ...

Once the ticket has been filed with the court (they have 7 days to do that, and this called the Certificate of Offence) they can not amend it. However if you go to TRIAL, then the prosecutor can ask for it to be amended and fixed during the trial. If you do not have a trial (or do not show up for your trial) then the prosecutor can not amend/fix it ...