Ontario Highway Traffic Act

Most likely the early resolution meeting will involve the prosecutor not wanting to hear any of your arguments... that is what trial is for.

The prosecutor may just offer you a plea deal right away, knowing that careless drinving is actually hard for them to prove. Or the prosecutor might just say they have no intention of offering you a plea deal ...

Can you scan the ticket (black out personal info and officer info) and post?

If there is no location at all, then it is a fatal error.

If it is a fatal error thenyou must NOT respond to the ticket at all. Keep the ticket safe so if JP makes mistake and you are convicted anyways, you can take it an appeal and show appeal judge there was no ...

I just quickly read thru R v Tresham and here are my thoughts (well more questions than thoughts)...

1) I am not sure I 100% agree with your earlier statement that the case is saying the HTA only applies on highways. Again just a first quick read does not necessarily give me that impression. Lots of nuances when reading and presenting case law ...

+1 for R. v. Tresham - I have not dealt with a situation like this before, so will be interesting to follow. You may not even have to testify... in cross-examination if you ask the officer if he saw you arrive or saw you drive on the highway, then most likely he will have to say no. Then you provide case law, and then there are no grounds for the ...

I totally agree that tickets like this on private property should not stand. But you will need to fight for that hard, as it will not be an easy one to win. Would love to see all your arguments and case law you will be using!

Were the plates on the vehicle the correct plates for that vehicle?

So just the sticker was the wrong one and not for ...

Okay well I guess you can be arrested for 12(1) !!!

So first of all remember that if you were going even 81km/h then you do NOT want to take the witness stand and do NOT want to testify against yourself. You only want to take the stand and give testimony if you can honestly say you were not speeding at all. So given that you are probably not going to testify, one way you can win this is by cross ...

So I am confused...

Were you actually arrested (put in back of cruiser and taken to station)?
What was the specific charge you were arreted for?
I do not see how you can arrested for 12(1)(a) under the HTA!

However (although I disagree with this) 12(1)(a) does not require you to be driving on a public road/highway. If you put the wrong plate on ...

I would do the following:

(1) Plead not guilty and request a trial.

(2) Immediately go to your doctor and get your own handicap permit.

(3) On the trial date, go with your husband and talk to the prosecutor before the trial. Tell him you both thought you could park on your husbands permit and when you found out you could not, you immediately ...

I would absolutely use all your arguments and questions, but be prepared to lose as Justice of the Peace's tend to say: "if the officer says he is trained and that it passed the test then that is all that matters".

However it will all have a better chance of working at an appeal with a real Judge, so this is all good ground work for the appeal ...

[Am I allowed to comment on the video on the witness stand? I've been reading about rules for presenting evidence, including how a witness's testimony about information gathered by someone else would be considered hearsay.
Somebody else will have to answer this as I am not sure. However when playing the video to the officer, just make sure to ...

If there was no amber light, then clearly you had no warning that it was going to change to red and could not slow down. This is also very dangerous as this is not how lights are supposed to operate.

I would fight the ticket and take the video with you to court. Make sure you put the video on an external USB stick and bring a laptop that it will ...

If he gave me the wrong charge according to the video, doesn't that mean the charge is not valid?
Yes that is correct. But that is why you need to testify AND you need the video in order to prove it.

How formal does the letter to the clerk and prosecutor need to be?
Not very... just say exactly what you want. The clerk is reached thru the ...

So does your video show the light changing directly from a green light to red light with no amber light?

For red light camera tickets, it is the OWNER of the vehicle that is charged not the driver, so there are no demerits and no insurance increase.

If you are only "pretty sure", then that is what you should say on the witness stand. Never lie to police and never lie when on the witness stand.