Ontario Highway Traffic Act

My buddy will do that. He says he will reference Chapter 7 and the crown policy manual and it's section on disclosure...

Question: Are city (i.e. toronto) prosecutors specifically bound by the Ontario crown policy manual as published by the Ministry of the Attorney General?
http://www.attorneygeneral.jus.gov.on.ca/english/crim/cpm/2005/Disclosure ...

Respectfully ask for stay before the plea, due to incomplete disclosure.

Crown will try to adjourn, let him if you can get him to admit that it is crown's fault. (gives you good 11B arguments)

Seems like a good idea. You did your own math, and it works out in your favour.

You do not have to prove complete innocence to win a ticket. All you have to do is to raise the reasonable doubt as to officer's testimony. It is the duty of the LEO to show that you have violated the OHTA beyond reasonable doubt. The fact that there seems to be something added on the side works in your favour - you can argue that she added stuff ...

The set fine for "Green arrow — fail to proceed as directed" (SS 144(14)) is $85, plus $20 victim surcharge, and $5 court fee, up to a total of $110. If your friend was charged anything else, he can simply ignore the ticket. Unless it was in the "community safety zone", where the set fine would be $120, and the total payable $150 ($25 VS + $5 court ...

donovan39 is right! Good post and good find Donovan!

The set fine for violating 144( 18 ) is $260, plus $60 victim surcharge, plus $5 court fee, up to a total of $325. If you were charged $180, then the set fine is wrong, and all you have to do is not pay the ticket. Alternatively, you can still file for court and not attend, to the same result ...

These are "Fatal Errors" that invalidate traffic tickets (PONs):

- Defendant name missing (misspelled name does not invalidate the ticket)

- Missing offence or an offence not known to law (subsection missing or totally wrong)

- Missing date (wrong date does not invalidate the ticket, HOWEVER, the officer has to file the ticket within 7 days (not ...

Yet another issue to be debated is that the "no right turn on specific times" is AFTER the intersection. One would assume that the sign should be posted in advance of the intersection. Bear, is there a regulation for that?

Yes, he can get insured with a new company, however, the rates might unpleasantly surprise him since he was dropped by his old insurance provider.

Can you give us details about the charges he has? If it is a lot of small ones, it should not be too bad, if there is a major one in there, then the rates will be pretty steep.

Can anybody provide a consolidated list of fatal errors, and whether they are fatal all of the time (at a trial, during a default procedure, etc.) or just when it involves a s. 9 or s. 9.1 examination of the certificate of offence by the JP?

We have one here: http://www.ontariohighwaytrafficact.com/topic1615.html. I will also make a [nicer] list ...

Ah, the good old trying to scare people away tactic. Saying that the court does not provide disclosure is like saying "you don't have a right to speak your mind", as it is in the charter. Defending a member of your familyfree of charge is the same right.

If those who know about the FLSA loophole and work to convict people despite that fact should ...

Here's the photo direct:

http://farm3.static.flickr.com/2766/4346923916_97894e350b_o.jpg

Well, the 1-st thing to do is to file "Not guilty" with "Officer present". Also, send a letter asking for a speedy trial. This is in Toronto, right? You have a good chance that:
A. Cop does not show up
B. Your court date is more than 10 months away, and you ...

So are you gonna fight it or not?

Don't worry about the labour strike.

If they still have not provided you with the manual after an adjournment and 3 requests, that tells me that the prosecutor is, ahem, incompetent. You have tried 3 times, and he still did not do it. Apply for a stay based on Section 7 of the Charter.

This is your thread about the same case, and if you were to ...

File both Section 7 & Section 11B at least 3 weeks before the trial. The crown might argue that the disclosure can be sent out before the new court date (s/he will try to adjourn), then you can argue 11B. 11.5 months is reason enough to stay the ticket by itself FYI. 10 months is a minimum.