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This is not the same as fighting a reduced speeding ticket because in this case you could end up being charged with both the obstruct plate AND the fail to stop.

Now, most likely the officer won't know you are fighting the ticket until you ask for disclosure. If you plead not guilty and request a trial and the trial date is more than 6 months from ...

Yes they can give you a ticket for the thing from the dealer around your plate.

The officer has 6 months to give you a ticket for rolling the stop sign. So if you choose to fight the obstruct plate charge they may (or may not) write you up for rolling the stop sign.

The prosecutor has no obligation to offer you 49 over speeding. But they might. Most insurance companies consider 49 over just a MINOR infraction whereas they consider 50+ over and Stunt as a Serious offence. A serious offence will cause your insurance to skyrocket (more than double) and maybe even be cancelled.

So your court date that you have is ...

If they try to get the other officer to testify, you can object because they did not provide you with his notes.

But they really have no reason to get the other officer to testify. So I would not worry about it. If he does show up and they are calling him to testify then you have a good reason to object to it and that should get him excluded.

In Ontario you will see "shall" which means you must. There is no confusion about this word as the courts have decided "shall" means must and "may" means optional. I do not know the case law off the top of my head, but I have read it several times where this was decided.

FAA rules do not apply in Canada, only in the USA. Make sure you are reading ...

Best option is to call them and ask them directly for the status.

1) yes
2) yes
3) yes
4) maybe. would not hurt to try

I am not a lawyer and am not a paralegal and the folloing is not legal advice and is just my opinion, but I do not think the paralegal you hired is very experienced.

You do NOT have to show up to trial for provincial offences as long as you send somebody to represent you.

But I see that the paralegal wants you there in order to try and say "we ...

Can you scan and post your ticket? If there is no section number at all, then this is a fatal error IF you do not show up for trial.

There are three copies to every ticket:
(1) Notice of Offence - the copy that you get.
(2) Certificate of Offence - the officers copy that gets submitted to the court.
(3) Enforcement Agency Record - the officers copy that they keep for their records.

They can not change the Certificate of Offence after they have given you the Notice of Offence ...

You can not count on the officers not showing up, but it does happen sometimes. When you check in with prosecutor, you can ask them if both officers are there. Some prosecutors will be honest and tell you yes or no. If one is not there, then ask the prosecutor if they are going to withdraw the charge. If both officers are not there, then you should ...

Section 111(2) reads:
Proper loading (2) No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become dislodged or fall, leak, spill or blow from the vehicle ...

Yes it is a good angle to attack... basically you need to ask the officer what test they did and how they did it. You need to check the manual and see if the officer did everything they were supposed to do, the way they were supposed to do it. If they did not, then you get them to confirm what they did and how they did it. You then ask them if the ...

If you have NOT got disclosure then your paralegal should NOT tell them you are ready for trial. Paralegal should say you are not ready for trial because you have not got disclosure and request an adjournment.

Failure to have disclosure at the first trial is not a reason to get ticket dismissed. Yes it should get adjourned to new date.

You might ...

The roadside suspension and car being impounded does not affect her insurance at all.

If you get convicted, because you are listed on her policy, it will affect her insurance HUGE. If she takes you off her policy, then it will not affect her insurance at all, but you may not be allowed to drive her vehicle anymore.

What is the charge or charges ...

Yes if the prosecutor is in a good mood, they MIGHT drop it. They don't have to, but they might so it is worth a try.

What is the exact charge you got and the section number?

For future reference, usually you would have a trial date set in at most 6 months. Once you receive the Notice of Trial, you would then send a letter to the prosecutor asking for disclosure (officers notes, manuals, witness statements, etc.).

Sounds like good news for you! Call tomorrow and confirm it was withdrawn though just to make sure. You dont need to give them any details, other than just ask them to confirm the status.

Then the next time you are near an MTO office, you might want to go in and confirm there is nothing on your record regarding this incident.

Because you admit to speeding, you should NOT take the stand and should NOT testify and should NOT give your side of the story. This means that the only way to beat it is by cross-examining the officer and bringing reasonable doubt to what the officer said.

You should read these two threads:
http://www.ontariohighwaytrafficact.com/topic7039.html ...

Yes that should be fine. Ask the people at provincial offences office for contact info for prosecutors office as well.

Hand deliver or fax are the best way to make sure they get them.

I would send a letter to BOTH the clerk at the provincial offences office AND to the prosecutor and make your request for a new date and the reasons why.

If you do it soon enough, then the JP should not have a problem rescheduling as you gave them sufficient notice. Of course they could say no and convict, so then you would have to ask for a re ...

So you got the ticket in April of 2015, pleaded Not Guilty, requested a trial, and they are just now (September of 2016) giving you a trial date?

If it has been over a year as you say, then you can file for an 11B Charter violation of your right to a speedy trial.

If you meant to say April 2016, then you should request disclosure as soon as ...

If it is a Part 1 Summons, and it was given to you on Sept 11, which was about 40 days after the incident, then you can ask for the charge to be quashed/dropped per Section 3(3) of POA:
"POA 3. Service (3) The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred."

Please read the POA PART 1 and PART 3 before you ask more questions yourself...

Now, I just read thru the POA again, and let me correct a couple things I said:

(1) Under PART 1 (filing a certificate of offence), the officer can give you either a Notice of Offence or a Summons within 30 days of the incident . The officers copy of both of these is ...

You will need to plead Not Guilty and request disclosure (officers notes AND all witness statements). Until you get those, we are just speculating and need to know what everybody said before we can determine how he came about giving you the red light ticket.

Now, you keep getting confused about the officer filling times... according to what you ...

My suggestion is to plead not guilty, request a trial and get disclosure before deciding whether to take a plea.

WHAT SHOULD I DO? HOW DO I FIGHT MY TICKET?
Regardless of how simple or complex the charge is (from parking tickets to DUI), you have the RIGHT to a fair trial and a RIGHT to see the evidence they have against you. Even if you admit ...

I do not see much benefit in it as it does not help prove which one of you ran the red light.

highwaystar wrote:If you don't show up for your ER, section 9(1)(b) of the POA says you are deemed not to want to dispute the charge. In other words, CONVICTION!!!

I stand corrected. Good to know.

1) Early Resolution is a waste of time in most situations, unless you have proof that the charge should be dropped. There is no way a prosecutor is going to drop a charge completely just because you ask, and they don't really care about your side of the story as you can give that statement during trial if you want. If you do go to early resolution ...