Ontario Highway Traffic Act

You will be ok with only 1 fax confirmation receipt if the Prosecutor themselves acknowledge receipt. Most should have notes of the date requests were made [it makes them look bad if they don't even know about requests in the cases the defence brings all proper documentation]. Bringing copies of the requests without receipts can help only ...

hwybear,

Thanks for the input. Even if there is a 1% chance that the "infraction" was captured on tape, it still leaves video evidence of the encounter [regardless of how "complete" it is]. My understanding is that the Crown has the responsibility to disclose this evidence, regardless of what it contains, as it may be beneficial to building a ...

Hi All,

With my last trial, I undertook a comprehensive study of potential Non-Disclosure issues. I was informed by the Officer at the time of the charges being laid that my offence was captured on video and our interaction was being recorded. Although I never received disclosure, I think you all might be interested in what my search has brought ...

Besides when having a proper medically issued note, the only time you are allowed to remove your seatbelt while driving--from what I remember of Driver's Ed--is when reversing [as when parking]. You can try to fight it, but my feeling is that your argument won't be accepted, you could have taken other steps to prevent discomfort prior to driving ...

The seat belt charge is going to be extremely hard to argue. What "red light" ticket did you get exactly? Can you list the infraction as stated on the ticket?

Mudpie,

Unless you have vast amount of case law to back up your statement, please do not make it. Stop sign violations can be successfully argued given a proper cross-examination of the officer's testimony and raising of doubt regarding their "unobstructed view". From reading around on CanLii, I found that JP's tend to consider a defence witness ...

Hey,

Had a similar situation and had the charges withdrawn. You're definitely in the 11b window with this court date, as per Morin and Andrade guidelines, but filing an 11b is a really arduous process. You'll most likely want to play the disclosure game and see if you can urge the prosecutor to withdraw charges on day of court.

Request disclosure ...

Just an update on my charges [I forgot to mention a CAIA 3(1)] with some good news:

I received a Notice of Trial in late December, with a court date set for early March. Over the ensuing months I sent three Disclosure Requests [which I wrote up on my own based on the TicketCombat example]. I did not hear anything from the Prosecutor's office, and ...

Thanks for this traub78law, I can't wait to hire a US based lawyer firm to deal with my legal cases in Ontario! Do you guys accept Canadian Tire money as payment?

Cheers!

First off, please list the charge/charges that are being made against you.

As Stanton has stated, requesting the 3rd trial option and disclosure is going to be the first step you should take. Once at trial, you will be presented with the chance to cross-examine the witnesses. Leading questions are allowed, and you can grill them on details regarding the incident.

Considering the circumstance, it might actually be ...

Here's a link to the above-mentioned R. v. Andrade case - http://www.canlii.org/en/on/oncj/doc/20 ... cj470.html

It's got extremely clear guidelines regarding 11(b) considerations, especially in the Toronto area, and can help you properly argue you application in court.

disclosure should be requested atleast 8-weeks prior to your trial or as soon as you get your notice of trial in the mail; i believe R. v. Stinchcombe set out guidelines where the crown is not obligated to give you disclosure without your request

Relevant portion of R. v. Stinchombe http://canlii.ca/t/1fsgp :

"...The obligation to disclose will ...

You can find the Manual here: http://decaturelectronics.com/sites/dec ... -20-11.pdf

To answer your question, yes, it looks like a unit equipped with both rear and forward facing antennas can give speed on cars moving in both directions [Towards and Away]. See page 18 of manual above.

TORONTO:
For Part I Traffic Offences

Toronto City South - 4860
Old City Hall, Room 12E
60 Queen Street West
Tel: 416-338-7245
Fax: 416-338-6986

Toronto City West - 4862
2700 Eglinton Avenue West
Tel: 416-338-6882
Fax: 416-338-7322

Toronto City East - 4863
Markham Road Court House
1530 Markham Road
Tel: 416-338-6709
Fax: 416-338-7703 ...