Search found 1722 matches

Send two letters, one to the Prosecutors office and one to the Clerk of the Court and advise them that you are not able to attend on that date because you already have a doctors appointment, and ask them to please re-schedule for another date.

The incorrect license number can not be used to your advantage at trial UNLESS there are several other errors as well, in which case it might help a LITTLE bit by arguing the officer clearly was not thinking straight that day. But one error by itself is pretty much not going to help you at all.

The officers notes are what he will testify in court ...

No. An incorrect license number or mispelled name is NOT a fatal error and will not get your ticket thrown out.

Best option is to plead NOT GUILTY and request a trial with the officer present. Once you get the Notice of Trial you can request disclosure (officers notes). While waiting for the disclosure you could request a meeting with prosecutor ...

Yes appeal and you should win.

You only have something like 15 or 30 days to appeal (I think its 30), so make sure you get on it as soon as possible.

Can you scan and post the original ticket here so we can see it (blank out personal details).

And remember to always be polite and NEVER lie to police.

I think it is a dick move to only quote the parts of what people say that you disagree with and not acknowledge the rest of what they said.

As a Canadian, I am not afraid to exercise my RIGHT (and the law) to not to talk to police!

I never said be a dick. I never said be rude. I ...

What the exact charge? What speed in what posted zone?

Well if people understood their rights, they would already know that they do not have to talk to police and do not have to answer any questions.

In Ontario, the only information you MUST give a police officer (or risk being charged for not providing it) is:
- if doing something that requires a license (like hunting), you must provide that license ...

You need to plead not guilty and request a trial with the officer present. Once you get you Notice of Trial you can request disclosure (officers notes). Once you get the notes, post them here.

Officers notes are what he will testify, and what he testifies is considered all the evidence that is needed.

So if officers notes say something like he saw you drive by and that you did not have your seatbelt on, then that is what he will testify and that will be enough to get you convicted UNLESS you can bring reasonable doubt to that testimony ...

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 the disclosure, scan and post here so we can advise further.

My understanding is that as of May 1st 2007, paralegals in Ontario became regulated by the Law Society of Upper Canada and part of this new regulation means that paralegals are no longer able to offer a money back guarantee.

The officers notes are what he will testify in court. Maybe he forgot to make note of something important or spilled coffee on his notes for that day. Anyways once you see the notes then you will know if he can testify and get you convicted or not.

I would plead NOT GUILTY to all tickets you get and request a trial with the officer present. Once you get your notice of trial, then request disclsoure (officers notes).

Once you get disclosure for both tickets, then you can decide how to proceed.

Here is somebody that had this same issue and won:
http://www.ontariohighwaytrafficact.com ... tml#p39770

Congratulations on win!!!

Pretty sure you MUST put real Ontario plates on it.

Yes it is a fatal error because the SET FINE does not match the charge. The charge on the ticket is for 25 over but the fine amount is for 15 over.

NOTE: That if you show up for trial they can fix it, so for this to be a win, you need to NOT show up for trial.

How have you handled this so far? Did you respond to the ticket?

If the SET FINE is incorrect for the charge on the ticket, then it is a fatal error, which sounds like what you are describing.

What is the exact charge on the ticket? What is the SET FINE listed on the ticket?

If it is a Fatal Error, then DO NOT GO TO COURT and do not tell the prosecutor or anybody there is an issue... just don't show up. If you ...

Those little boxes on the ticket (witnesses, collision, etc) don't really mean anything so ignore those. What the officers notes say is important.

A lot of times the police will charge somebody with careless (which they can't prove) and then the prosecutor will offer reduced plea which many will take thinking they got a deal. But the standard on ...

Yes that is a good defense and could possibly work and would be at the top of my list to use. But you still need to see disclosure first and see what the officers says in his notes. Maybe after he pulled you over he went back and watched both lights to see if they changed at the same time and then noted that in his notes.

Get disclosure first then talk to the paralegals. The ones that will sit down you with and discuss possible defenses as well as plea deals are the ones you want. Just telling you they can win is not enough... ask them why do they think they can win?

You MUST get disclosure before you decide on a defense. Any paralegal or lawyer who says they can get it dismissed with an X% chance without seeing disclosure first is not to be trusted in my opinion.

Plead Not Guilty and request a trial with the officer present. Once you get your notice of trial, then request disclosure (officers notes). Once you ...

If the court ordered community service hours, then has to complete them by when they are due. If he can't do that then he needs to go to court house and ask to go before a JP to get an extension on the time required.

Did you OBJECT when the JP wanted to reschedule the trial? This may not always work, but it shows up on the court transcript that you wanted to proceed and you objected to a new date. Too many people just agree without objecting.

When they count the days for an 11b they substract any time that was caused by you. So the 11b will probably not be ...

You should plead Not Guilty and request a Trial with the officer present. Once you get your Notice of Trial, then you can request disclsoure (officers notes). Once you get the notes, post them here so we can advise further.

As far as insurance goes, they will probably determine you to be at fault whether you are convicted of the unsafe lane change ...

The notes are sufficient for the officers testimony to get you convicted as is if left un-contested.

The only way to beat the charge is that you have to cross-examine the officer and bring reasonable doubt to one of the elements that officers testimony would prove if letft un-contested.

So your cross-examination would have to bring doubt to one ...

So according to the notes is says "Laser" so I am assuming this is LIDAR and not RADAR? I think those are also distance meter readings which would also mean it was LIDAR. Can you confirm what the manual says. The reason it is important is because LIDAR uses a laser and the officer uses a sight to target one specific vehicle. With RADAR on the other ...

What is the exact charge on original ticket?

Can you scan the ticket and the notes and the manual and post it here so we can review? Black out any personal info.

I have never had to deal with LIDAR myself and have therefore not read any manuals. The courts have ruled that a proper test for RADAR is to follow the manufacturers recommended instructions. It should therefore be easy to argue the same applies to LIDAR. Now if indeed the lidar manuals only recommend the before test, then it is going to be very ...