Ontario Highway Traffic Act

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 ...