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So here is my new motion that I will be submitting before trial when I don't get the whole manual. Could probably be used with a section 7 Stay request when you don't get what you asked for as well. Comments welcome.

NOTICE OF MOTION ASKING FOR ORDER AS FOLLOWS: [/u]

ORDER FOR PROSECUTOR TO DISCLOSE REQUESTED ITEMS

ITEMS REQUESTED ...

In Ontario, when in a 70 zone, you can go 70 right up to the point where the 50 BEGINS, at which point you need to be going 50.

In Ontario, when in a 50 zone you should go 50 right up to the point where the 70 BEGINS.

Although the signs are giving you warnings that a new speed will begin ahead, it is still not that new speed zone yet. The posted ...

You sent me a couple PM ... here is answer:

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 to doing whatever you were charged with, you still have these rights ...

If it was a 50 and you admit to going 60 then you will be charged as you will have testified against yourself, regardless if the 60 was just ahead.

When it's your word against the officers, guess who they are most likely to believe?

I was searching CANLII and I can not find any binding ONCA court of appeal cases either. Only ONCJ level with JP decisions.

I had been led to believe that there were some binding cases out there. Anyways if you come across one, post it here.

It actually orders the disclosure of the testing pages AND the operation of unit pages. And I am aware that there are not any cases ordering the whole manual. What I want to know is what binding cases are out there with regards to what sections need to be provided.

This case mentioned above is not binding anyways, however if you read it closely ...

1. In my opinion, yes it is always worth it to fight it.
2. Yes most likely it will cause your rates to go up, even if it is 0 demerits.
3. The back of the ticket will tell you your options. You want NOT GUILTY with a TRIAL option. You may be able to mail it in, but some places require you to go in person.

WHAT SHOULD I DO? HOW DO I FIGHT MY ...

Yes that case was confusing me because I did not think a JP could hear an appeal. But it lists those involved as "Applicants/Respondent" which is what you usually see at an appeal as opposed to a "Defendant".

Thanks for looking.

I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.

I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.

The most recent that I can find is:
Thunder Bay (City) v ...

Either give the original poster your time by posting a response specific to their situation or don't post at all. We're not going to do this thing where you link back to your threads every time someone asks a question. Your generic thread failed to warn the poster of a potential suspension.

If there was more to add than my generic response, then ...

Read this thread: http://www.ontariohighwaytrafficact.com/topic7678.html

Then post any questions you have back in this one.

The handheld device ticket WILL affect your insurance. You should consider fighting it.

Read this thread first: http://www.ontariohighwaytrafficact.com/topic7678.html

If you have more questions, ask them back here in this thread.

I seem to give the same advice over and over again, so this will be my generic answer that I can refer everybody to, which will save me some typing!

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 ...

If there was an accident and you have a green light and an emergency vehicle (even with lights and sirens on) goes thru a red light, the emergency vehicle would be at fault not you.

The towing company will get paid by somebody, probably the police, which of course is public dollars.

Unfortunately, everybody else speeding is not a defense.

I would plead not guilty, request a trial with officer present. Once you get your notice of trial with the trial date, then request disclosure (officers notes and speed measuring device manual). Once you get the notes, post them here so we can review them.

Insurance may still go up though, but $52 is better than $317.

Was it actually a construction zone?

Parpookin52 wrote:I've been reading for hours on here and I think I have the process down pat...
i) Ask for trial ii) Ask for disclaimer iii) If there's any questions then ask for a typed disclaimer iv) Decide if hiring a lawyer or paralegal is worth it v) Court

You want DISCLOSURE not a disclaimer.

I requested the whole manual. Whether you agree or not that they should provide it, I believe they should provide the whole thing as the content of the manual is likely relevant to the use of the device.

INITIAL DISCLOSURE REQUEST THAT I SENT PROSECUTOR:
- A full copy of the entire manual for this speed measuring device. I require the full manual ...

I would contact your insurance company and ask them directly how it will affect your insurance.

But a lot of times the prosecutor might drop it anyways if you ask nicely and show original.

Yes I think it says turns are prohibited ALWAYS except Mon to Fri in the morning and afternoon, so this would include Saturdays.

You want to go get pciture of the sign and see what it says as well.

If the sign and the by-law do not match, then you want to take the one to court that helps you and not mention the other one.

You should still plead ...

You should ALWAYS fight it, or at least prepare to fight it.

If you take it trial and lose, then yes you will be charged with 48 over and 4 demerits. But remember insurance does not care about demerits, so 29 over with 3 demerits affects your insurance the same as 48 over with 4 demerits.

You should plead Not Guilty and request a trial with the ...

The by-law says:
§ 950-504. Turning movements.
A. Prohibited turns.
When official signs to that effect are displayed, no person shall in any intersection or portion of highway set out in Schedule XXIII in § 950-1322, while proceeding in the direction or emerging from a property set out in Schedule XXIII, turn a vehicle in the direction set out ...

If you have collision insurance, then you only will have to pay your deductible but may still get an increase in insurance so you lose either way.

Well again, with no video your insurance will probably find you at fault and raise your rates.

I just did a google search, and there needs to be at least $2000 damage in order for you being required to report it.

If you feel the damage is less than $2000 then I would just let it go (as you say your car is a junker).

Worst case is the other ...

Was there damage to their vehicle?

How much damage to yours (in dollars)?

Unless you have video to prove that they backed into you, insurance will probably hold you at least partially responsible, if not 100%. Does not matter whether or not it was on private property. If you report it to insurance then there might be an increase.

If its less than $1,000 (better check this number) then you do not have to report it to ...

Don't hire anybody until AFTER you have requested disclosure and reviewed it. You can plead not guilty and get the disclosure without too much hassle and it will save you money.

After you have reviewed disclsoure, then you can decide whether to hire somebody or not.