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Scan and post the officers notes (blank out any personal details). The officers notes are what he is going to testify. If we can read his notes then we can tell you if everything they need to convict you is in there or not.

And here is some info on self-representation:
http://www.ontariohighwaytrafficact.com/topic7039.html

Your request for disclosure gets sent to the Prosecutor at the Prosecutors office. It does not get sent to the police and does not get sent to the clerk of the court.

First you plead NOT GUILTY and request a trial with the officer present.

Then you wait until you receive your Notice of Trial with your Trial date. Once you get this, then you send ...

Other vehicles doing the same thing you did will not help you in the slightest and is completely irrelevent to your charge. If the video shows you not stopping, then you have pretty much 0 chance of beating it.

The officers notes stating you were going 15 km/h is also irrelevent. Maybe you were only going 5 or maybe you were going 55, but the ...

Did your father turn and stay to the right side of the lane leaving enough room on the left for the person making the left turn?

Was your father turning onto a road with one lane or two lanes?

Seek out the crown means talk to the prosecutor. When you check in at the court room on your summons date, tell them you would like to meet with the prosecutor before everything starts.

Okay so my 90% just went to 0%. Sorry for the confusion.

Freya wrote:Will the guy who hit my dad be at the trial? I thought it was just the officer.

Did the officer see the accident? If so, then only the officer needs to show up. If the officer did not see the accident then somebody who did see it (usually the other driver) needs to be there as well.

Yes, I think (90% sure) that there is a law that says you can NOT turn right on a red light when they have advance green from opposite direction.

What is the exact charge (wording and section number) he was charged with?

If you take it all the way to trial to fight it, somebody who witnessed the accident (usually the other driver) must show up to testify. The officer has to be there as well because they issued the ticket. So there is 99% chance the officer will be there but only a 50/50 ...

You have right of way only in far left lane when making a left turn.

You have right of way only in far right lane when making a right turn.

So if two vehicles approach intersection from opposite directions, both with green lights, then one can turn left and one can turn right at the same time (assuming there are two or more lanes to turn into ...

Pretty sure it is actually illegal to turn right on a red when the opposite direction has an advanced green. I could be wrong, but I think that came up on another thread here and there specifically is an HTA section for that.

Is the Genesis II Directional an older model of radar from Decatur?

I only see a Genesis II Select and a Genesis II Select Directional on their website.

Thanks

Tickets like this one are Provincial Offences and are NOT Criminal Offences so no they do affect your ability to travel.

Section 140 is for crossovers only. There are no crossovers at a four way stop as those are crosswalks.

So your daughter was charged with the wrong charge, which means if you take it trial, you will beat it easily. The issue as to whether being on bikes is a pedestrian or not is irrelevent here because it is simply the wrong charge.

IMPORTANT ...

Do you think the fact that the sign is overwhelmingly unenforced could be used as a defence to get the ticket thrown out or at least reduced to a non-HTA offence?

No! Being unenforced is completely irrelevent and won't help you at all. The prosecutor may offer you plea deal to some lesser charge, but usually it will still be an HTA offence that ...

Anything is probably better than a carelss charge so you could just accept whatever they offer and be done with it. But maybe the officers notes do not support the charge of careless at all, so if you took it to trial it would get dropped completely.

Anyways you have to decide what will work for you. If you plan to fight the charge you will either ...

You might get a plea deal to some lesser charge, but it would still be some kind of traffic violation and still affect your insurance.

I would plead NOT GUILTY and request a trial with the officer(s) present. Once you get your Notice of Trial with the trial date on it, you can then request disclosure (copy of notes of all officers involved). Once ...

When you get to the court room, they usually ask you to check in. You can ask the person you check in with if you will be able to speak to the prosecutor, but usually the prosecutor meets with everybody before the court starts anyways.

When you meet with the prosecutor, they may (but do not have to) offer you a plea deal. Usually at this stage ...

Any ticket you get can increase your insurance. The three categories are MINOR, MAJOR and SERIOUS. I believe Careless is serious and this means your insurance could double and/or even be cancelled. MAJOR and MINOR offences can still cause an increase but not as severe as a SERIOUS one. And with some charges on your record already, then even a MINOR ...

159(3) reads
Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light or a tow truck with its lamp producing intermittent flashes of amber light that is stopped on a highway with two or more lanes of traffic on the same side of the highway as the side on which the emergency vehicle or tow ...

If the pedestrian sues and/or there are damages that need to payed and/or the car needs to be fixed, this will be your brothers car insurance that will be affected. This could lead to a small increase in his rates.

If you get charged with careless, this will only affect any insurance policies that you are listed on. So it sounds like this would ...

Note to self... A judge ruled on appeal that it was not required, so a missing section number is NOT a fatal error.

I was not aware of any cases with regards to missing section number, so my advice was based on the assumption (never assume) that it was a fatal error. So if there is specifically an APPEAL case that says the missing section number is not a fatal error, then all Justice of the Peace would have to follow that ruling and unfortunately you will need ...

Do you have canlii links to those cases you mentioned above? There are 26 R. v. Wongs and the Brillinger one does not come up at all.

Thanks

Yes they should mail you a notice of conviction.

I would wait one week and then call the clerk of the court next week and ask them what the status is as well, then you should know for sure the outcome.

Keep the original ticket (or the copy that you have) in a safe place because you will need that if you have to appeal.

Well right under where it says HIGHWAY TRAFFIC ACT there is a little that says SECT./L'ART.

This where it should say the Section number, which in this case should have been 128.

So congratualtions, this is a fatal error!

However, if you show up for your trial and point out the error, they can amend the ticket and correct it. An amendment to the ...

Can you scan and post the ticket (with personal info blanked out) so we can determine if there is a fatal error on the ticket or not?

As far as the officers notes being incorrect, you could use this to prove some lack of credibility BUT it will not be enough because the make and model and color of car are not part of the charge of speeding and it ...

Being charged with something by police and how your insurance determines fault is two completely seperate things. So, for example, your insurance does not care whether you were charged or not, and the police don't care whether the insurance found you at fault or not. So (i) you can be charged by police AND be found at fault by insurace, or (ii) you ...

I doubt the JP will throw it out because you are in the military or being deployed. The only thing you can do is to ask for trial to moved again because you are being deployed. If they move it out further though, it will not count against right to speedy trial because it is your request and your issue that is causing it to be moved.

The manual ...