Search found 150 matches

by liveontheedge
Fri Jun 12, 2009 4:17 pm
Forum: Courts and Procedure
Topic: Disclosure, change court date
Replies: 31
Views: 20652

Re: Disclosure, change court date

I need some advice and help on this.

my court date is June 26. I was charged with 142(1) turn not in saftey on March 11. I have asked for disclosure via postal mail in April and hand delivered on June 1st. I have not recieved disclosure.

I filed a motion to change my court date and I need to attend the court on june 19.

My question is, can I ...
by liveontheedge
Fri Jun 12, 2009 3:40 pm
Forum: Improper passing
Topic: Improperly Passing a Streetcar
Replies: 41
Views: 30747

Re: Improperly Passing a Streetcar

Since the officer was on the other side of the road, do you think he saw what actually happened? if not he will have to rely on the street car driver to testify for the charge to stick. Then the driver and the officer need to show up in court. You have a chance.

If you want to fight the ticket, request disclosure to see what evidence the officer ...
by liveontheedge
Fri Jun 12, 2009 11:24 am
Forum: Improper passing
Topic: Passing Off Roadway
Replies: 9
Views: 6216

Re: plea-bargain

Plea bargain you say... Well, what exactly would I ask for? Is there anything that does not carry demerit points (It says 150 (2) on the ticket - I assume it is 3 points).
I have seen the traffic court and realize they are after increasing the 'revenue', especially in light of the fact that most industry has moved out of Ontario... but what kind ...
by liveontheedge
Fri Jun 12, 2009 10:29 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: speeding ticket
Replies: 32
Views: 14306

My trial

Charge: Speeding 60 (reduced from 64) in 40 zone, 11+ months delay, 1st trial day, illegible officers note.

I went to court in the morning to check the docket, the cop only had 2 cases for the day. My thinking was that 80% he would not show up. I went back in the afternoon for my trial, I was wrong the cop showed up (for only 2 cases???) (My guess ...
by liveontheedge
Fri Jun 12, 2009 9:25 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: over 49km on dvp
Replies: 8
Views: 2776

Re: over 49km on dvp

Less than nine months delay to trial, another delay at prosecutor's fault would put you in a good position for an 11(b) argument. Disclosure request would help.

Ok he may have paced you but you may have slowed down already when he was still far back. Disclosure will tell.

Send in a detailed request for disclosure. Once you get it, you will have a ...
by liveontheedge
Thu Jun 11, 2009 8:04 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: over 49km on dvp
Replies: 8
Views: 2776

Re: over 49km on dvp

hwybear wrote: it is not impossible....think outside the box :wink:
How so?
by liveontheedge
Thu Jun 11, 2009 3:51 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: over 49km on dvp
Replies: 8
Views: 2776

Re: over 49km on dvp

How much time is it from the offence date to the court date?
If the police officer had no radar on you, it is impossible for crown to prove the case. Request disclosure, you will know more what evidence he had against you.
In the disclosure ask for: speed gun manual, calibration record, reapir history, officer's training certificate and of course ...
by liveontheedge
Thu Jun 11, 2009 10:21 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 139 - June10 Court Date
Replies: 23
Views: 20180

Re: Speeding 139 - June10 Court Date

Congratulations, Neo!!!!!

You are right, 99% of people pleaded guilty for a lesser charge. I saw drivers waiting in the hallway for their trials, desperate for any help but they were not aware that the guys sitting next to them having the same speeding ticket from the same police officer. They certainly could help each other if they knew each ...
by liveontheedge
Wed Jun 10, 2009 9:52 am
Forum: Courts and Procedure
Topic: Disclosure request content
Replies: 32
Views: 27238

Re: Disclosure request content

gt0ro wrote:Hello,... Do I need to leave my phone number or can I ask that they contact me through mail/fax?

Thanks!
Definitely do not give them your fax number.
by liveontheedge
Tue Jun 09, 2009 6:46 pm
Forum: Courts and Procedure
Topic: Disclosure
Replies: 3
Views: 3061

Re: Disclosure

If you dont get disclosure when the trial date comes, you can ask for a stay, but it is unlikely that it is granted (as ticketcombat said it required 20 days notice in writing),

The JP is likely going to adjourn the case for you to obtain disclosure.
by liveontheedge
Sat Jun 06, 2009 9:28 am
Forum: Courts and Procedure
Topic: Disclosure
Replies: 3
Views: 3061

Re: Disclosure

Three weeks does not seem enough time to receive dislosure, but it's ok to ask the Justice to delay the trial in order to obtain disclosure, but he may attribute the delay as your fault.

One of the purpose of disclosure is to get an adjournment and make that the prosecutor's fault.

I take that you want everything over and done with in the coming ...
by liveontheedge
Thu Jun 04, 2009 11:37 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Wrongful Charge for Failure to Stop at Stop Sign...
Replies: 15
Views: 13573

Re: Wrongful Charge for Failure to Stop at Stop Sign...

I had similar stop sign ticket a while back with fence and bushes blocking the cop's view. The cop had very nice story in his note that he was there for a sole reason of enforcing the traffic stop because the residents complained that people ran the stop sign blah... blah ...

My plan A was: delay the trial if cop is there
My plan B was: go to ...
by liveontheedge
Thu Jun 04, 2009 8:46 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Wrongful Charge for Failure to Stop at Stop Sign...
Replies: 15
Views: 13573

Re: Wrongful Charge for Failure to Stop at Stop Sign...

Don't forget to go back there and take pictures, date and stamp them in case you need them for plan B.
by liveontheedge
Wed Jun 03, 2009 3:45 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 139 - June10 Court Date
Replies: 23
Views: 20180

Re: Speeding 139 - June10 Court Date

sorry my bad, i reread your post, it appears that the genesis VP has internal self calibration.
by liveontheedge
Wed Jun 03, 2009 1:00 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 139 - June10 Court Date
Replies: 23
Views: 20180

Re: Speeding 139 - June10 Court Date

Thank you for posting this amazing work, it definitely helps me in my up coming trial of speeding. I too found that "independent recollection" was very interesting and will use it in my case for sure.

You probably already aware that in other cases the JP did accept officers statements that he was trained at place in the month/year (without proof ...
by liveontheedge
Thu May 28, 2009 9:40 am
Forum: Failing to obey signs
Topic: ticket for yellow light, cop didnt show
Replies: 10
Views: 3143

Re: ticket for yellow light, cop didnt show

verotik wrote: i wish i had checked on here again this morning before court i would have loved to say that.

like someone said in another thread, that yellow ticket is an invitation to play the game.. lol
He also said "If you don't want to play the game, pay the fine"
by liveontheedge
Fri May 22, 2009 10:13 am
Forum: Failing to obey signs
Topic: HTA 144 (9) - Time issue
Replies: 41
Views: 13735

Re: HTA 144 (9) - Time issue

Hey all,
The more I read over the Ticket Combat website, the more confident I am with the whole process. Thank you to those who created such an amazing website. Finally the people have the ability to not be intimidated by the system.

That said, I have some questions. My girlfriend is going tomorrow to request a trial.

1) How long until we should ...
by liveontheedge
Thu May 21, 2009 4:43 pm
Forum: Prohibited turns
Topic: Disobey Sign U Turn Section 182(2)
Replies: 21
Views: 12328

Re: Disobey Sign U Turn Section 182(2)

No error, that is the year of your sticker. Fight the usual way i guess.
Get a trial date first then disclosure and see what you can do from then on
by liveontheedge
Tue May 19, 2009 11:52 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: speeding ticket
Replies: 32
Views: 14306

Re: speeding ticket

Thanks Ticketcombat and Reflections.

Lesson learned for other members submitting Form 4F:

Ontario Court of Justice is your last stop, the clerk may require you to show confirmation that you already serve The Attorney general of Canada, of Ontario and the prosecutor office.
by liveontheedge
Tue May 19, 2009 7:35 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: speeding ticket
Replies: 32
Views: 14306

Need advice

So i plan to go to 1530 Markham today to submit Form 4F to the prosecutor and to the court, and will fax the form to Attorney general of Canada and of Ontario later today.

I went to prosecutor office 1st, the receptionist was very hostile and she only stamped 3 copies. She kept one and I took 2 copies down to 1st floor to serve the court.

It was ...
by liveontheedge
Thu May 14, 2009 9:34 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign/ Fail to stop Sect 136 (1) (A)
Replies: 7
Views: 6980

Re: Disobey Stop Sign/ Fail to stop Sect 136 (1) (A)

Just wonder what city it is.

I don't have an opinion on your defence but you may want to check out ticketcombat.com which has some info on how to fight stop sign ticket.

One thing to check is if there is a white stop bar on the ground and if the cop saw the bar from where he was sitting.
by liveontheedge
Wed May 06, 2009 12:57 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: speeding ticket
Replies: 32
Views: 14306

Re: speeding ticket

Does anyone know where i can locate the following readings to use as references for my 11(b) application?

R. v. Mastroianni, [2000] O.J. No. 3227 at pg. , (Ont. Ct. Jus. In Appeal),
R. v. Formosa, [1998] O.J. No. 4674 (Ont. Ct. Jus.).

Thanks

http://www.canlii.org

if you please provide the link
i search for "Mastroianni 2000" or "Formosa ...
by liveontheedge
Tue May 05, 2009 4:06 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: speeding ticket
Replies: 32
Views: 14306

Re: speeding ticket

Does anyone know where i can locate the following readings to use as references for my 11(b) application?

R. v. Mastroianni, [2000] O.J. No. 3227 at pg. , (Ont. Ct. Jus. In Appeal),
R. v. Formosa, [1998] O.J. No. 4674 (Ont. Ct. Jus.).

Thanks
by liveontheedge
Tue May 05, 2009 9:22 am
Forum: Failing to obey signs
Topic: ticket for yellow light, cop didnt show
Replies: 10
Views: 3143

Re: ticket for yellow light, cop didnt show

Voretik, you need to give more info so people can help you.
what was the offence date and where was it?
what was your first trial date? where was the court?
what is your next trial date that they put off to?
by liveontheedge
Sat May 02, 2009 12:33 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: speeding ticket
Replies: 32
Views: 14306

Re: April update !!!

Second Speeding ticket to fight (not reduced so I had to fight), totally prepped this time and no disclosure from the prosecutors office so i was going for the lack of disclosure, waited and my appearance was adjorned because of a case that was going into overtime, two week delay and a date set by the officer. well apr 29 was that date and i was ...
by liveontheedge
Thu Apr 30, 2009 12:52 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: red/amber light
Replies: 17
Views: 6769

Re: red/amber light

yes, interesting to see. Guess even more reason to have red light cameras at every light. And another reason not to "jump" on a green, as someone is probably coming thru a red.

Only part is that the guy admitted to "accelerating" on a yellow.....which is contrary to slow down and proceed with caution.

The issue in front of the Judge was "run ...
by liveontheedge
Wed Apr 29, 2009 9:49 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: red/amber light
Replies: 17
Views: 6769

Re: red/amber light

By the way, there were two policemen in this incident. Could the other one be a witness? It was not mentioned in the officer's note. If he was a witness then he should also disclose what he had observed.
If we can't find any other option of delaying the trial, my wife is willing to stand by her account of the incident that it was still amber when ...
by liveontheedge
Tue Apr 28, 2009 10:29 pm
Forum: Improper right turn
Topic: Allen road and Eglinton Ave. - No right turn on Red Light???
Replies: 36
Views: 19638

Re: Allen road and Eglinton Ave. - No right turn on Red Light???

..........In fact, I might just park in the parking lot next to the offramp and video tape the traffic coming off Allen just to see how many people actually make a right turn on red. What do you think, would that help my case any?

That could work if you tape a cop's car making the same right turn on red.

Is the sign "Stop here on red signal ...
by liveontheedge
Tue Apr 28, 2009 9:28 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: red/amber light
Replies: 17
Views: 6769

Re: red/amber light

Firestart is right, delay just over 10 months may not be enough for a strong case.
Is there anything in the disclosure that is not proper you can think of?
If there is then you can request more disclosure such that the cop can not give it to you therefore give rise to "improper disclosure" which couples with 10+ delay to make it a stronger case.