Ontario Highway Traffic Act

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 ...