Ontario Highway Traffic Act

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 ...