Ontario Highway Traffic Act

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 ...