Search found 20 matches

by pch2004
Thu Jul 09, 2015 2:09 am
Forum: Red Light Camera Ticket
Topic: 11b for Red Light Camera
Replies: 2
Views: 1382

11b for Red Light Camera

Hi all. Has anyone here successfully used an 11b argument to dismiss a red light camera ticket? My offence was in late 2014. I requested an "early resolution" meeting with the prosecutor. It took place about 7 months after the offence (no delay on my part -- they must be backed up). At the meeting, ...
by pch2004
Tue Oct 06, 2009 2:01 pm
Forum: Courts and Procedure
Topic: Aircraft Enforcement
Replies: 2
Views: 1292

Aerial

I was nabbed in Port Hope, but this should apply to other areas too. The defendant in this case was totally unprepared, so he didn't even mount a real defence (and in fact his own witness said that he was speeding). The useful info was in the air officer's testimony: - the timing device is the Robic...
by pch2004
Thu Oct 01, 2009 9:42 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: when fighting a ticket, can they do this...?
Replies: 18
Views: 3466

The prosecutor can't request an amendment unless you plead "not guilty" and proceed to trial. So, yes -- you will be able to plead "guilty" before they have the opportunity to amend the charge. Might be a good idea for you to go to court one day and observe a trial. It helped me to understand how tr...
by pch2004
Thu Oct 01, 2009 9:03 am
Forum: Courts and Procedure
Topic: Changed ticket
Replies: 14
Views: 1498

Thanks!

For anyone who was following this... I prepared myself for court and had arguments for both quashing the ticket and staying the charge for non-disclosure. As it turns out, one of the officers didn't show...almost anticlimactic, but I'll take it. I managed to listen to a full trial of the evidence fo...
by pch2004
Sat Aug 22, 2009 6:20 pm
Forum: Courts and Procedure
Topic: Changed ticket
Replies: 14
Views: 1498

Wow...I hate court... Drove 1.5 hrs to file my stay application yesterday...had my 4F and affidavit prepared. Went to the desk and clerk swore my affidavit. Told her I need to go serve the prosecutor...she says his office is over there, but he's not there. You can make an appointment or try on Monda...
by pch2004
Sat Aug 15, 2009 3:43 am
Forum: Courts and Procedure
Topic: Changed ticket
Replies: 14
Views: 1498

Thanks to all for the comments. Hwybear -- seems like the case law supports your method (since the amendment is made in court). Personally, I like the idea of a big X in the code box for ALL tickets :lol: Ticketcombat -- thanks for spelling it out. I wouldn't have thought of the second argument. A c...
by pch2004
Tue Aug 11, 2009 11:38 pm
Forum: Courts and Procedure
Topic: Changed ticket
Replies: 14
Views: 1498

Appreciate the input hwybear...always nice to get a different perspective.

Can I ask -- have you ever modified a ticket after issuing it to the driver? Or, more importantly, have you ever been told that it was OK to do so?
by pch2004
Tue Aug 11, 2009 12:47 am
Forum: Courts and Procedure
Topic: Changed ticket
Replies: 14
Views: 1498

Has anyone used (or heard of using) this defense? And can a JP deny the motion in spite of the case law?

I'm no lawyer, so arguing the legality of amending a notice outside of court worries me a bit, but it seems like a valid argument based on the above decision.
by pch2004
Sun Aug 09, 2009 11:44 pm
Forum: Courts and Procedure
Topic: Changed ticket
Replies: 14
Views: 1498

Bump

Hate to reply to myself, but I managed to find a smilar incident in CanLii. http://www.canlii.org/en/on/onsc/doc/2007/2007canlii13711/2007canlii13711.html The error was in the date of the ticket, and the officer corrected the original before filing with the court (after giving an unchanged copy to t...
by pch2004
Sat Aug 01, 2009 6:11 pm
Forum: Courts and Procedure
Topic: Changed ticket
Replies: 14
Views: 1498

Changed ticket

Have been busy and haven't had much time to follow up on this... Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another req...
by pch2004
Wed Jun 17, 2009 11:21 am
Forum: Courts and Procedure
Topic: Disclosure, change court date
Replies: 31
Views: 11131

Thanks liveontheedge and ticketcombat. Your knowledge is much appreciated. How do you force (as opposed to request) an adjournment? You are called and say "Your Worship, the prosecutor has failed to provide disclosure/adequate disclosure and therefore I am forcing an adjournment". I'm not being sill...
by pch2004
Tue Jun 16, 2009 11:59 pm
Forum: Courts and Procedure
Topic: Disclosure, change court date
Replies: 31
Views: 11131

How do you know if the cop is present (assuming you can't remember what he looks like)? Is the prosecutor required to tell you if the officer is present? Also, wouldn't you have to request an adjournment before arraignment (according to Ticketcombat's site)? So if you "play the game" and plead "not ...
by pch2004
Tue Jun 09, 2009 10:32 pm
Forum: Courts and Procedure
Topic: Last minute Disclosure delivery
Replies: 11
Views: 1673

Just found this thread after posting a very similar one in the wrong forum (thanks to the mod for moving it)... Ticketcombat -- you mentioned that if Bookm's request was made to the Crown, there would be a strong argument for dismissal rather than adjournment. My situation is exactly that -- so can ...
by pch2004
Tue Jun 09, 2009 3:52 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 117 in a 90
Replies: 16
Views: 1984

Having been a young male driver, I agree that I took unnecessary risks and that, as a whole, the group probably has more accidents than other demographics. BUT, why start with the assumption that all young drivers are bad? Why not start by charging normal rates -- then raise rates according to the d...
by pch2004
Tue Jun 09, 2009 3:41 pm
Forum: Courts and Procedure
Topic: Disclosure
Replies: 3
Views: 1758

In total, it was requested 5 weeks before the trial date (3 weeks ago + 2 weeks until the trial). They only gave 8 weeks between the mailing date of the trial notice and the trial date, so by the time I received it and wrote the disclosure letter, there were only 5 weeks left. In any case, can I ask...

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