Ontario Highway Traffic Act

Did you send the letter from her lawyer to your insurance company?

What were you charged with specifically (wording and section number)?

Did you get your car get impounded?

Did you get a NOTICE OF OFFENCE or a SUMMONS for the ticket?

You have the right to see disclosure before you decide how to proceed with the charge, so you should plead NOT GUILTY and request a trial with the officer present. Once you get ...

Well normally I would say yes you should fight it, however you are a G2 license and if you go to trial and lose, you will be charged with the original 40 over (not the 15 over) and this is 4 points and a 30 day suspension for a G2 driver.

15 over is 0 demerits points and will not affect your ability to take your G test.

But remember that even 0 ...

You can file your appeal immediately after your trial finishes so you do not need to wait for any notices.

You only have so many days (30 I think) to file the appeal from the date of your trial.

You should call the provincial offences office and ask them how to file the appeal (whether in person or by mail).

I would say that there is nothing from stopping you or your paralegal from making the request. The prosecution may not follow thru and/or may refuse to ask the witness to bring one, but that does not stop you from being able to ask for it.

I would ask the prosecution (as soon as possible, in writing) to ask the witness to bring a doctors note with her to the next trial date to prove she was sick.

I would immediately send a letter to the prosecutions office making that request. It can't hurt.

So first of all, I hope your paralegal was pushing for the charge to withdrawn and did NOT agree to a new trial date. No witness means the charges should be dropped.

Second, if the witness does not show up at the next trial then you TELL your paralegal that you will absolutely NOT accept another adjournment. They work for you, so you can tell them ...

As I said above...

Plead not guilty and request a trial with the officer present. Once you get your Notice of Trial, you can then request disclosure (officers notes, manual for any speed measuring device used). Once you get the officers notes, scan and post here so we can see if you have a defence. You can not decide how to fight it until you see ...

I think you have nothing to lose by challenging it based on the officer speeding illegally, so it is worth a try.

However, my opinion is that YES the courts allow police officers to speed routinely even when there is no need to do so. I don't agree with it, but it seems to be the way it is.

On a side note, while your questions about the Officer and his/her rate of speed are an interesting discussion. I wouldn't get too focused on them as they have no impact on your case.
So you're saying an officer can speed without fear of repercussion?
No, I think what he is saying is that whether or not the officer was speeding, has no bearing ...

Officer being rude is not a defence. You being late and only speeding sometimes is not a defence.

That said, you have the right to see the officers notes before you decide how to plead. This first step you can take care of yourself without hiring a lawyer/paralegal so it will save you some $$$ and then you can decide if you want to hire somebody ...

Yes you should just pay it if you want your registration fixed, and want to stop getting tickets.

Then you can track down what the fine was for and decide if it is something you were wrongly charged for and then you can pursue it and have it removed from your record and get reimbursed for it.

I am assuming this thread has nothing to do with a collision. But yes there are a few more REQUIREMENTS if you had an accident.

If there was no collision, and the police come knocking on your door, you do NOT have to talk to them.

And note that if the police do show up asking questions, you can exercise your charter right NOT to incriminate yourself and you do NOT have to answer any questions they ask you (with the exception of having to identify yourself IF they are charging you at that moment). If they are asking questions it is because they do not have enough information ...