Ontario Highway Traffic Act

Yep, it is "legal" robbery... they have the guns and jails so they can legally rob you!

Now more on this...

...initial alleged offense and never proven in a court of law...

So I am confused by this... you were never convicted of the speeding charge?

I am pretty sure that insurance can not use a roadside suspension against you. You have to ...

My first thought is that if the phone is off, then it is NOT capable of receiving or transmitting:
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or ...

My first thought is that if the phone is off, then it is NOT capable of receiving or transmitting:
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or ...

No, once the trial starts any deals offered are gone. You only get the deal if you agree to plead guilty to it before the trial starts.

So you probably took the best choice, given that the officer most likely would have shown up if prosecutor called them.

What is the exact charge and section number on the ticket?

Can you blank out the personal info on the ticket and scan and post so we can check for fatal errors?

Yes its possible they can do that.

But remember you can tell prosecutor you want to plead not guilty and then when the trial starts they will say one of two things...
(1) we are not ready to proceed (officer is not there) and are withdrawing the charge, OR
(2) we are ready to proceed (means officer is there).

If (2) happens then you can just say ...

A quick note signed by your son is all you need that says "I authorize so-and-so to represent me on this matter."

When you get your notice of trial, that is when you file for disclosure. Basically you are going to ask for a copy of officers notes and any video if it exists.

Although the location on the ticket is incorrect, this could be amended ...

Have you read thru the whole R. vs. Jackson [2015] ONCA 832 case?

It is actually a gold mine!

The case law does set a new higher standard for "likely relevant" with regards to Third Party O'Connor request, but there is lots of good stuff in this case too.

Basically it says that crown prosecutor is first party and police are third party ...

You should advise the Prosecutor and the Provincial Offences office that you will have video evidence that you want to present and that you require XYZ to play it.

Then when you show up, you can expect that they will most likely NOT have anything for you to play your video on.

They may want to keep the video you bring as evidence, so the best ...

No difference... always fight means do something, and dont just plead guilty and pay. I understand that when something is SERIOUS by insurance purposes that it might be better to take plea down to a MINOR insted of risk fighting it. But you should still always get disclosure before making a final decision.

Is disobey stop sign fail to stop a ...

Can anybody order a subponea? Can I just make one up and send it to OPP directly myself?

This is something new for me, so I am making the assumption that it has to be ordered by JP or Judge.

Yes so the main argument that a prosecutor can bring is that the records are not in their possession and therefore do not fall under the Stinchcombe requirement to disclose.

I am preparing for that outcome as well, although any help of suggetions would be great.

My understanding is that after my motion to get disclsoure is dealt with, if there ...

My opinion is that you should always fight every ticket and never just pay.

Option 2 meeting with the prosecutor will be a waste of time.

Choose option 3 not guilty and request a trial with the officer present. Once you get Notice of Trial, you can then request disclosure (officers notes). Once you get the officers notes, blank out personal ...

And as an FYI...

Frivolous: Action brought without legal merit and/or meant to harass, delay or embarrass.

Vexatious: Action brought without sufficient grounds for winning, purely to cause annoyance.

My opinion is that if you can prove an item is likely relevant, then it is not frivolous or vexatious.

The response above is totally expected and the norm in Ontario.

I actually have a trial next Thursday in Orillia for a friend. I have not received anything with regards to disclosure yet. I am preparing a motion that I will submit later today to argue the relevancy of all the many items I have requested. But I will of course get the same response ...