Ontario Highway Traffic Act

Here is a good article on expert opinion that breath test machines are unreliable:
http://www.advocatedaily.com/Nathan-N.- ... baker.html

Not stopping is an absolute liability offence which means, unless your life was in danger, you will most likely be found guilty whether you saw the sign or not. The officer has no responsibility to check out what you saw. If you took pictures of the truck immediately after getting the ticket, it might help your case, but without pictures your story ...

In order for the charge to apply at all, there has to be a crosswalk as defined in the HTA, so that was why I was asking. My opinion is that yes there is a crosswalk based on the fact that there are pedestrian control signals, so this does not become a defense.

So yes the only defense you have (and I believe it is a good one) is that you did in ...

I am just a guy that likes to study the law and stand up for my rights.

Did the police officer witness the crash? If they did then their testimony will be very powerful.

If not, then it is basically your word against the other drivers word because the officer is only writing down what each of you told him. But the officers testimony will be helpful to you because they can testify as to what the scene was like when ...

In the HTA it says: "crosswalk" means,
(a) that part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the roadway, or
(b) any portion of a roadway at an intersection or elsewhere ...

I see one issue; should you take it to court. You admitted to speeding..

As far as statements admitted to the officer, even if they are in the officers notebook, they are inadmissable and should be objected to if the officer starts to say them. The prosecutor would then have to ask for a voire dire http://www.duhaime.org/LegalDictionary/V ...

Yes. I wil probably do that. Was just debating whether I wanted to waste $25 to find out what I already know.

"fail to surrender permit" is not as bad as "no permit at all" but you will need to contact your insurance company and ask them if "fail to surrender permit of vehicle" is considered a MINOR, a MAJOR or a SERIOUS offence, and if it would cause your rates to increase.

If they say MAJOR or SERIOUS then you definitely want that one dropped and take ...

I would plead NOT GUILTY and request a trial with the officer present. Once you get your NOTICE OF TRIAL with the trial date, you can request disclosure (officers notes, speed detection device manual). Once you get the notes, post them back here for us to review.

You have nothing to lose by pleading not guilty and reviewing the notes as you can ...

Well that would be a good question for them to answer as well.

I got only one letter on my first request, so I made a second request and got only the second letter.

It would appear to me that there should be quite a bit more communication regarding this issue, but as always somebody in government is either covering it up or inept at their job.

It is not clear to me if the OPP asked them to remove the requirement or if they volunteered to remove it. From the two letteres I received back in my fredom of information request, they would both appear to point to there being much more communication about the issue, however this was not provided to me.

You can download letters from here:
http ...

Okay so I got a couple letters back from my freedom of information request.

To summarize, it was the OPP who asked Decatur if tuning forks were necessary and Decatur basically said no they are not, so we will remove it from the manual for you.

If anybody wants a copy of what I got, send me a PM and I will send you the PDF file (5 pages).

bend wrote:and you will get none of it. You might get a blown up picture and possibly a sheet from the Ministry confirming the owner of the plates.

And this makes for a great appeal, which of course costs more time and more money, showing once again that justice is available for those that can afford it.

In my opinion the pictures do not show anything. In the first picture you can not see the front of your car or the line. In the second picture your car is not there.

If your car is not even in the second picture, then why does the speed still show as 30km/h?

If they want to use the speed on the picture to convict you then I would be asking for ...