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Slim to none for you. Basically the officer will say what he saw and that will be enough to convict.

I would fax a request for it to both prosecutor and the clerk, just like you did for disclosure. Video is part of disclosure, but if you did not ask for it the first time then you should ask for it now.

Yes most people only look at the fine amount and the demerit points and never consider the insurance implications. So your $65 fine just became $665!

I agree that a document conviction should not affect your insurance at all... but unfortunately it does!

Well the officers notes are pretty clear, so without video the chances of winning are slim to none. Your dads statement did not help either. Will video help? We won't know until we see it! You do have the right to see the video (if it exists) whether or not the prosecution plans to use it or not.

So you could ask for adjournment based on the fact ...

You plead guilty to it and paid it... you are stuck with it on your record now and there is nothing you can do about it.

She was charged with careless driving, so if you do not take the plea deal offer and go to trial and lose then that is exactly what she will be charged with, including huge fine. Careless is as bad as a DUI on your insurance, so it will also be an HUGE increase in insurance.

Demerits mean nothing from an insurance standpoint so do not take a plea ...

You can always ask... it never hurts to ask!

The prosecutor may or may not agree with your request, but it is ultimately the JP that needs to decide about whether or not they will lower the fine.

What I would do is fax a request for disclosure to both the prosecutors office and the clerks office. I would include in the request, the fact that you will plan to ask for an adjournment as you will need more time to review it.

Even if they have it ready before the trial date, that is not enough time, so I would just pick it up from the ...

Well you have the right to see the disclosure and the case against you. Will you argue that you did not know about asking for disclosure until just recently and that is why you are asking now?

Most likely the adjournment will be granted if you argue that you still need time to review the disclosure.

What was the date of the original ticket?

The others are reporting it to accident center so you will need to do that do that too (legally you have to anyways).

You have to report very soon after it occurs, so you don;t have much time to figure this out.

- If you tell police you DON'T have insurance then they can charge you.
- If you lie to police and tell them you DO have insurance then ...

In Ontario Court of Justice, one JP's decision is not binding on another JP.

But when you find an Ontario Court of Justice appeal case (not Ontario Court of Appeal) that was decided by a Judge, is that case binding on JP's since a Judge decided it?

Just call them and ask if it is ready. If you still have not received it by the trial date (or get less than 2 weeks before the trial) then you can ask for an adjournment at the trial and say you want to have time to review the disclosure with a lawyer.

I would plead NOT GUILTY to both charges and request a trial with the officer present. Once you get the Notice of Trial, then you can request disclosure (officers notes and copy of speed measuring device manual and any audio/video recordings).

We need to see the officers notes to really determine if you can fight it or not.

But lets assume there ...

The bad news is that officer says he maintained 20meters behind you for 1km at a steady 120km/h.

The other bad news is that if you take it to court and lose, it will be raised back up to the 40 over instead of the 15 over. So this means 4 demerits instead of 0 demerits and probably a significantly larger fine. For insurance purposes though, there ...

The officer has no obligation to pull you over right away.

Other drivers being worse than you would give you something to question officer on for sure, but is not going to win your ticket.

Careless driving is a harder ticket for them to prove though, which means it is easier to win. However the consequences of losing and being convicted of ...

Once you get the Notice of Trial with a trial date on it, is usually when you then request disclosure (notes of all officers involved, manual for speed measuring device).

You would think that they should know what it is!

If you want to fight the speeding ticket, then they will not drop the other one. They will most likely offer to drop the other one, only if you agree to a guilty plea on the speeding ticket.

So if you want to fight the speeding ticket, then you would also need to fight the other one as well.

No, the JP said they did not believe it met the requirement of "obviously relevant" for 1st party stinchcombe disclosure, and said it was 3rd party and the the prosecution did not have to disclose it.

The JP did NOT comment as the whether it was "likely relevant" or not, which is the requirement for 3rd party disclosure. Since we were dealing with ...

The 2015 R v Jackson ( http://canlii.ca/t/gmblf ) ONCA ruling does a really good job of breaking down the disclosure that must be provided by the prosecution (1st party Stinchombe) versus what it does not have to disclose (3rd party O'Connor).

So one of the last trials I was at, I tried to make the argument that some items I had requested were ...

And if you have never been to court before, you might want to read this thread http://www.ontariohighwaytrafficact.com/topic7039.html so you understand what we mean by cross-examination and a little how to do it.

I would make another request and specifically for the video of the offense itself as the officer even admits that there is video of it.

You can ask the officer how many occupants (1 per notes) and then point out there are three heads in the video. This will not win the ticket for you, but just as a very little bit of weight against the officer. On ...

@riggyzomba - Just realized you are not the original author of this thread! She agreed to the change so there is probably nothing she can do now. But it sounds like it was a SUMMONS if you were there to set a date, so I think you MUST show up to those dates. Now when setting a date a summons hearing, this is not a trial as far as I am aware, so not ...

Why were you at court to set a date?

What happened?

Was your ticket a SUMMONS or a NOTICE OF OFFENCE?

You need to specifically ask for whatever you want AND give reasons why you think it is relevant.

Most likely you will NOT get anything from them though, other than the notes, but if you ask you can then make a charter challenge for not receiving it and it adds a reason for an appeal.

It's hard to tell from the notes, but I do not think the officer included anyting with regards to testing the unit. Will need to see typed version though to confirm this.

I would send another disclosure request and say "I can not read or understand the officers notes. Please send a typed copy along with any meaning of abbreviations used."

Send a DISCLOSURE request to the Prosecutors office. Call them and ask for their fax number and then fax it as that is easiest. You can mail it if you want to send registered letter, but that costs money. Or you can drop if off in person.

Okay so the set fine is $260 but I guess there is the stautatory fine where it could be as low as $200 but as high as $1000 if you take it to trial and lose.

You can always try to setup a meeting with prosecutor ahead of time, but also at the trial you can ask to meet with prosecutor before trial.

If you decide to fight the charge, you will probably want to have representation as it is a SERIOUS charge for insurance purposes and will cause it to skyrocket.

If you can negotiate a reduced charge, you ...

No you are not subject to additional court imposed penalty.

You have the RIGHT to be considered innocent until proven guilty. You have the RIGHT to see the evidence against you. You have the RIGHT to a fair trial.

And you can plead guilty and pay the fine as-is anytime, right up to the trial date.

But if you decide you can not beat it, then just ...