Ontario Highway Traffic Act

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).