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Yes. If they offer you a plea deal before court starts, that will be your last opportunity to accept it. If you say you want to proceed to trial, then the plea deal offer will be gone, and you will then be up against the original charge.

The only way to know for sure if officer is there, is to ask prosecutor when you meet with them before court starts, although they have no obligation to tell you.

I have seen some prosecutors that are very honest about it and will tell you up front that the officer is not there, but there are other prosecutors that will not tell you anything and ...

It seems ridiculous, but should be allowed... How does the average person who can not afford a Supreme Court challenge stand up for everybody else and these court rulings recognized?

If you look at THE LAW ON SPEEDING AND SPEED DETECTION DEVICES 3rd Edition (formerly known in previous editions as THE LAW ON SPEEDING AND RADAR) by A. Shakoor Manraj and Paul D. Haines in Chapter 10 under IMPROPER CALIBRATION, it lays out really nice. (see attached excerpts)

Their comment is that internal test only is NOT sufficient. You also ...

This is awesome that you did the appeal! Most people are not willing to go that far! So congratualtions on at least trying.

I agree with you that math, based on the officers own testimony , should not require you to take the stand to prove it. However, based on how appeals work, new evidence like GPS co-ordinates and distances that were NOT given ...

As a G2 driver.

Okay, I see... you saw an 80km/h sign ahead with no "begins" and assumed you already in an 80, but the 80 sign should have had a begins on it.

This is a tough one to argue... Can you argue that it is the wrong charge? This may or may not work. You would definitely need video and your argument would be that without a "begins" sign, this makes it an ...

You said that you noticed the 80km/h sign AHEAD of you... the 80 zone does not start until you get to the 80 sign. It is a 50 zone right up to the 80 sign. There is no "speed up zone".

Here is a thought...

Since Regulations are NOT law, then if the ticket (Notice of Offence or Summons) specifies a REGULATION on it instead of a SECTION from the HTA, then is the ticket actually valid?

I will do some more research on this!

argyll wrote:So everyone should be allowed to speed all they want and only be charged when they hit something?

I am not affiliated with any "Freeman on the Land" group, but simple answer to your question is yes as that is what the common law says that our country is supposedly formed on.

Of course if we didn't want to waste the courts time people could just admit to what they did and save the fights for when they actually didn't commit the offence they are accused of!

Of course if they (police/government) didn't waste our time charging us for things when there was no harm, no injury, no damage then they could just admit it was ...

Yes just call and tell them you want to meet with prosecutor before trial. They will tell you how to go about it.

Yes I was saying take everything to court with you. But you can call and ask if the prosecutor will meet with you before the trial date. They might say yes, they might say no. Otherwise you need to attend on the trial date.

If you can not attend the trial date, then you should send a letter to both the provincial offences office and to the ...

I don't know why prosecutors are so intent on wasting everyone's time including their own. They only have to obtain the manual electronically once and then spend a few minutes sending it to the defendant each time. The court is so stressed to complete the docket each day but they spend so much time arguing about this (at least with defendants who ...

The information on ticketcomabt is mostly good, but some of it is outdated.

The courts have now decided that it is YOUR responsibility to check if disclosure is ready, and it is NOT the responsibility of prosecutor to do anything more than get it ready for you. So not putting a phone number is no longer any help, as you should be calling them to ...

You do not send the second part. It is for when you get to court and need to argue in front of the JP as to why they should give you what you asked for.

And here are my legal arguments to backup why each item requested should be disclosed:

REASONS WHY AN ORDER TO DISCLOSE REQUESTED ITEMS SOULD BE GRANTED:

1) The Crown has the burden to prove a requested item should not be disclosed:
R. v. Egger, [1993] 2 S.C.R. 451 says:
"The Crown's disclosure obligation is subject to a discretion, the burden ...

R code does not matter. License plate does not matter. These are not fatal errors and will NOT get ticket thrown out.

Ask for manual for lidar/radar device as well. I always ask for whole thing but they usually only give you the testing page. Then you can decide whether to argue with them about it or not.

Barrie prosecutors office looks after ...

After the prosecutor is done with their witnesses, JP will ask if the defense has any witnesses to call, and you can say "yes, myself".

You will take the witness stand and instead of asking yourself questions, you just tell them all the information you want them to know. So think of the questions you would ask if it was somebody else on the stand ...

I am sure some will disagree with how I request disclosure, but my most recent disclosure request is below.

I do NOT recommend direct copy and paste... you need to understand each item and know why you are asking for it. If you don't know why you are asking for something then do not ask for it. Also, this request has some specific items that only ...

I would personally ask for the notes of BOTH officers, especially since both officers names are used in the disclsoure.

Oh right, if you got a summons instead of a notice of offence, then you go to the court date on the summons, and you can tell them you want to plead not guilty and request a trial and would like disclosure.

cpcpcp wrote:On the disclosure CD that was sent to me, the name of the officer listed is different than the one on my ticket. Does this matter?

It might matter... Can you be more specific about where is the name of officer is listed? Are the notes from a different officer?

You can bring all your stuff and maybe the prosecutor might drop it. But they do not have to. But it never hurts to ask. Start by showing everything and then ask them to drop it and you will plead guilty to 29 over. If that does not work ask them to drop it and you will plead guilty to 40 over. If still does not work, then say you want to take both ...

So 13(2) reads:
Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire number plate, including the numbers, is plainly visible at all times, and the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars, any part of the vehicle, any attachments to the vehicle or the ...

Which section number specifically did you get charged with?

I would call your insurance company and ask them if a 40 over speeding ticket is considered a Minor or a Major infraction. If it is still considered a Minor, then you would be better to take both to trial and fight them. There is no requirement to have a sticker on the back of the ownership (only on the plate), so this charge should get dropped, or ...

You will probably have an opportunity to meet with prosecutor before the trial. Showing prosecutor everything MIGHT get one of them dropped. Maybe if they are in really good mood they could drop both. They do not have to drop any of them, but usually if you show you got everything fixed immediately it looks good on you.

Stunt Driving is a serious charge and can cause your insurance to double, so you will probably want to fight this out.

If you take this to trial, then BOTH officers must be there to testify... the officer that pulled you over and gave you ticket, as well as the officer that originally supposedly saw you.

But you will not know how to fight this ...

You have to ask for a trial first, and then you ask for disclosure (can do both at same time if on phone with prosecutor).

Some places will email them to you, some will mail them to you, and some will make you come in to office and pick them up... you will have to ask which they will do at that office.