I would plead not guilty and request a trial with the officer present. Once you get your notice of trial, request disclosure (copy of officers notes) so you know what he will say. Then show up on your trial date (with your pictures) and talk to the prosecutor before the trial starts and tell him all the following:
First, it does say road closed ...
Search found 1722 matches
- Tue Oct 18, 2016 1:10 pm
- Forum: Driving or operating a vehicle on a closed road
- Topic: Local Traffic Only - Road Closed
- Replies: 15
- Views: 17317
- Mon Oct 17, 2016 3:48 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 10909
Re: Speeding ticket based upon calculations
A lot of case law is available here for free:
http://canlii.org
http://canlii.org
- Sun Oct 16, 2016 3:14 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 10909
Re: Speeding ticket based upon calculations
Thats is not a good argument in my opinion.
Speeding is a specific number above the posted speed limit (lets use 120 in a 100). So the officers opinion that you were doing 120 does not cut it.
However you are facing a disobey sign charge. So now the officer's opinion is not about a specific speed, but just that you were going faster than the ...
Speeding is a specific number above the posted speed limit (lets use 120 in a 100). So the officers opinion that you were doing 120 does not cut it.
However you are facing a disobey sign charge. So now the officer's opinion is not about a specific speed, but just that you were going faster than the ...
- Fri Oct 14, 2016 9:20 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 10909
Re: Speeding ticket based upon calculations
If the officer says the speedometer matched the radar in the car, then they need to prove the radar was calibrated. Of course they do this by saying they followed the manufacturers instructions, which say press the test button and then check to see if the speed on radar matches the speedometer.
They test the radar by checking it with speedometer ...
They test the radar by checking it with speedometer ...
- Fri Oct 14, 2016 9:10 pm
- Forum: Improper right turn
- Topic: No Right Turn Yonge & Dundas
- Replies: 9
- Views: 3966
Re: No Right Turn Yonge & Dundas
I want to say that tickets like this one are usually the hardest type to beat because they basically rely only on the officers testimony. Officer says you did it. You say you didn't. Who do you think the JP will believe? A speeding ticket is easier to beat because you can challenge things besides what the officer said, like the radar device. So ...
- Fri Oct 14, 2016 5:16 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 10909
Re: Speeding ticket based upon calculations
To the prosectuor.
- Fri Oct 14, 2016 5:13 pm
- Forum: Improper right turn
- Topic: No Right Turn Yonge & Dundas
- Replies: 9
- Views: 3966
Re: No Right Turn Yonge & Dundas
It is hard to comment on a charge until we see the disclosure (officers notes).
I recommend you do not hire a lawyer or paralegal yet as you can do a lot of the up front stuff yourself and save some money.
Plead Not Guilty and request a trial with the officer present. Once you receive your Notice of Trial, then send in a letter requesting ...
I recommend you do not hire a lawyer or paralegal yet as you can do a lot of the up front stuff yourself and save some money.
Plead Not Guilty and request a trial with the officer present. Once you receive your Notice of Trial, then send in a letter requesting ...
- Fri Oct 14, 2016 2:57 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 10909
Re: Speeding ticket based upon calculations
You do not contact anybody but the prosecutor to ask for disclosure.
You can ask for video, and they should give it to you IF they have video, but not sure if OPP does much video recording yet.
You should probably send a letter and ask for speedometer calibration records ahead of time. Most likely they will not give them to you. When the trial ...
You can ask for video, and they should give it to you IF they have video, but not sure if OPP does much video recording yet.
You should probably send a letter and ask for speedometer calibration records ahead of time. Most likely they will not give them to you. When the trial ...
- Fri Oct 14, 2016 7:55 am
- Forum: Failing to report a collision to a police officer
- Topic: Fail to report - advice needed
- Replies: 22
- Views: 15122
Re: Fail to report - advice needed
So looking back thru the thread, the charge (you think) is
199. (1) Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation, report the accident forthwith to the ...
199. (1) Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation, report the accident forthwith to the ...
- Fri Oct 14, 2016 7:45 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 10909
Re: Speeding ticket based upon calculations
Attacking speedometer means asking a lot of questions about whether it was accurate or not. For example, when was it last tested/calibrated?
But again even if you get the speedometer reading thrown out, the officer simply saying he thought you were going above 100km will probably be enough for them to convict as the JP will most likely believe him ...
But again even if you get the speedometer reading thrown out, the officer simply saying he thought you were going above 100km will probably be enough for them to convict as the JP will most likely believe him ...
- Thu Oct 13, 2016 5:22 pm
- Forum: Failing to report a collision to a police officer
- Topic: Fail to report - advice needed
- Replies: 22
- Views: 15122
Re: Fail to report - advice needed
Yes I would object anytime they try to say anything the defendant said. They would need to have a voire dire and determine if the statements made were voluntary in order to admit them (and this would require the defendant to be there).
Is there any proof of amount of damage?
Is there any proof of amount of damage?
- Thu Oct 13, 2016 5:19 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding ticket based upon calculations
- Replies: 36
- Views: 10909
Re: Speeding ticket based upon calculations
So my question would be, can the officer rely on any calculations based on complainer, if the complainer does not show to court? I don't think so.
Basically every time the officer tries to testify something that the complainer supposedly said, I would object and say its hearsay and not allowed.
But even if you throw out all the stuff related to ...
Basically every time the officer tries to testify something that the complainer supposedly said, I would object and say its hearsay and not allowed.
But even if you throw out all the stuff related to ...
- Thu Oct 13, 2016 5:05 pm
- Forum: Stunt Driving
- Topic: speeding Stunt Driving charge
- Replies: 10
- Views: 6485
Re: speeding Stunt Driving charge
With a lawyer there are no guarantees that they will win for you, and you will probably be found guilty of something.
Now, without representation, you will definitely be found guilty of something. So here is what you can do...
You can talk to the prosecutor before court starts.
(1) Ask if they are willing to drop it to a 49 over speeding charge ...
Now, without representation, you will definitely be found guilty of something. So here is what you can do...
You can talk to the prosecutor before court starts.
(1) Ask if they are willing to drop it to a 49 over speeding charge ...
- Thu Oct 13, 2016 7:53 am
- Forum: General Talk
- Topic: Licence Plate Obstruction
- Replies: 13
- Views: 12023
Re: Licence Plate Obstruction
So if it was me, I would plead Not Guilty and request a trial with the officer present. Once you get your Notice of Trial, post back here and let us know when it is.
- Wed Oct 12, 2016 9:35 am
- Forum: General Talk
- Topic: Licence Plate Obstruction
- Replies: 13
- Views: 12023
Re: Licence Plate Obstruction
Disclosure is when you request the evidence that the prosecution has against you.
In your case, you would ask for a copy of the officers notes and copies of any audio or video if they exist.
What is in the officers notes is what they will testify on the witness stand about what happened, so that is why it is important to read them before the trial.
In your case, you would ask for a copy of the officers notes and copies of any audio or video if they exist.
What is in the officers notes is what they will testify on the witness stand about what happened, so that is why it is important to read them before the trial.