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I don't know the answer to your questions, so hopefully somebody else on the forum can help.

What do you mean by "ticket receipt"? I assume this is something they get from the police stating there is a 3-day suspension? MTO will not (can not) take any further action against you until you are actually found guilty and convicted of a charge.

When an officer lays a charge, they have 7 days to file it with the court. If they don't, then the ...

Definitely dowload the transcript and appeal that was prepared at this thread http://www.ontariohighwaytrafficact.com/topic7286.html because there are some good similarities with your case.

I do not believe we can convince the courts that tuning forks are needed until somebody can afford to bring a certified expert witness to their trial. Again ...

You must have had an old manual because they removed the tuning fork test requirement from all the manuals in 2010. So as far as the courts are concerned, as long as the officer does the test listed in the manual then this is prmia facia evidence it was working correctly. If the manufacture does not require a tuning fork then it is not necessary ...

In person is probably better when trying to negotiate.

Most likely they will NOT have the disclosure.

Let's assume the prosecutor does offer you some kind of a plea deal... you could ask "Can I see disclosure before I decide whether to accept that or not?"
The prosecutor may say "Sure, no problem." which is what you want them to say, and leaves ...

To get photos admitted as evidence you need to print them out with a date stamp on at a place like walmart. However even if you can't get them admitted as evidence, you should still be able to show them to the officer while they are on the stand and ask them question about them.

Did you specifically try to get photos/manual admitted as evidence ...

If the link above in the second post no longer work, then PM me directly for copy of the defence.

If the links above in the original post no longer work, then PM me directly for copy of transcript and appeal.

So make sure you do NOT tell the prosecution or the officer that this is the wrong charge until at least 6 months have passed, as they can withdraw the charge and re-issue the correct one. So you do NOT want early resolution and do NOT want to meet/talk with the prosecutor on any date before the trial.

You want to plead NOT GUILTY and request a ...

Personally I would definitely appeal this!

Just a point of clarification... this would have been in front of Justice of the Peace and not a Judge. If you go to appeal, it will be in front of Judge. Judge's have more training/understanding of the law, so this is a good thing.

I agree with your issue about radar not being externally verified ...

It's not your choice.

The prosecutor may, if they choose, offer you some kind of plea deal. But they are not required to do this.

So in this instance, the officer did not witness the crash and therefore at least one of the two or three witnesses would need to be there to testify in order for you to be charged. You should NOT take the witness stand and should NOT testify against yourself.

So there is a chance that none of the witnesses will show up in which case the charge ...

Yes you can relax!

He can charge you based on what he observed at the time he talked to you and any witnesses.

For a Provincial Offences charge (speeding, etc), they only have 6 months to charge you.

For a criminal charge though, I think they can come along and charge you years after if they really wanted to. But the question is, what criminal charge would they ...

people charged with S. 130 HTA walk away without major slap

When you are charged with anything (careless driving, speeding, no dog tags for your dog, etc) you are innocent until proven guilty. Getting a ticket does not mean you are convicted yet. You must be found guilty first which is followed by a conviction and the consequences. Now you can ...

The officer did not witness the accident, but you did. Since the other person plead Not Guilty to the charge and asked for a trial, somebody that actually witnessed the accident must show up at the trial in order for them to be found guilty... that would be you.

Plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial, you can request disclosure (officers notes). Once you get these notes, post them here and we can advise further.

Here: http://www.ontariohighwaytrafficact.com/topic1965.html

And there is some good info on this site: http://ticketcombat.com/offences/fatal.php

Just note that over time some of these things may have change!

So an incorrect Set Fine which IS a fatal error, but I believe the courts have decided that incorrect Total Payable is NOT a fatal error ...

Wrong/different address on ticket will not get the ticket dropped. It is irrelevent to the charge of speeding.

I suggest you plead NOT GUILTY and request a trial with the officers present. Once you get your Notice of Trial, you can request disclosure (officers notes and speed measuring device manual). Once you get officers notes, post them here so ...

Disclosure should include a copy of the officers notes.

Now the prosecutor has not reviewed disclsosure either at this stage, so they basically will look at it the morning of the summons date and then they will decide to either (i) drop the charge or (ii) offer you a plea deal to plead guilty to or (iii) not offer a plea and proceed to trail on ...

I just use a fax instead as this is accepted as well. You send the fax and then print the transmission report thats says "SENT OK" and has the number that you sent it to on it. You can go online and find free fax sites where you upload your scanned document and they will send it. Alternatively you can go to places like Staples that will send a fax ...

Remember that anything 16 km/h or more over the posted speed limit has demerit points, although these don't affect your rates - just your driving record itself.

This is incorrect...

1 to 15 over is 0 demerits and considered a MINOR conviction by insurance which can cause your rates to go up.
16 to 29 over is 3 demerits and also considered a ...

You could actually wait until the day of your trial to request disclosure (not a good idea though), but if you request it then they have to get it for you so you can "properly prepare your defense and fully answer the charge".

The officer can't change the ticket after serving it on you. He would have to actually cancel the first one he gave you and then issue a new one. So this all works in your favour as well.

Maybe somebody else on the forum can offer specific case law or regulations, but basically just show up with the original ticket you got and say that the set ...

The officer must show up and you can not be convicted by the video alone.

Assuming the officer shows up, the video evidence is just icing on the cake as far as getting a conviction meaning even you get the video thrown out, the officers testimony (based on his notes) will be sufficient to get a conviction.

When you request your disclsoure, make ...

You can't just take any charge and be charged as an owner. The charge has to exist. You can't be as charged as the owner in a handheld device dispute.

Good point, but I was suggesting that maybe the prosecutor would consider a different charge as owner. Most likely they won't, but thought it was worth mentioning. But the owner thing does not ...

The prosecutor can (but does not have to) offer you a plea deal for a lesser charge. But remember that even a 0 demerit point charge can still cause your insurance to go up. Insurance puts the charges into three categories: Minor, Major and Serious. So if the current charge is already a minor, then there really is not any charge they can drop it to ...

Police are allowed to issue either a Notice of Offense (normal ticket) or a Summons. For some charges they can only issue a Summons.

Not sure if failing to stop for bus is a summons only type ticket or not, but if either can be issued it is just the officers discretion as to which he wants to use.

Paralegals are cheaper than lawyers so that is an option to consider as well.

Yes you definitely should testify in this case and tell your side of the story as it will help bring doubt to officers testimony.

But if it is just your word against the police officers word, 95% of the time they will believe the police officer. I agree this is not right, but it is how our great Canadian unjustice system works.

But if you do a ...