comments.. anyone..?

I received a ticket recently on the highway for going 40km/h over. The cop said his collegue saw me going in and out of lanes (changing lanes from slow to middle to fast and back). He gave me the ticket going 40 over but said if I plead not guilty he would charge me with Stunt since he still has 6 m...

I'm not sure what the elements of the offence are for careless driving so I'll refrain from commenting on how easy or hard it'll be to prove such a case. Maybe some people in this forum could give better insight. I'm amazed though how quickly cops have started giving out careless and stunt driving P...

Depends on the reason for adjouring to May 25, 2012. I suspect that this delay from September 16 to May 25 would be attributed to you and can't be used for 11b. What you're left with is a delay from Jan to September, and another delay from May to 90 days after. The 90 days delay can be attributed to...

Preferrably to ask for disclosure before the hearing. Give them at least a month to prepare it or else the court may attribute the delay to you or consider it neutral time, which not in your favour. Even if the disclosure is provided to you at the hearing, you can ask for adjournment to have it revi...

Hi radar identified, can you share with us the reason why that defense didn't succeed in the occasion you witnessed? Was it that the justice wasn't satisfied that reasonably the danger was in fact eminent or real? Or did he say something about the legality of the defense?

Just curious

Never mind, I just checked and it is based on specific offences, not on the $$ amount of the fine.

Please ignore my previous post.

Simon Borys - I heard that in Ontario the demerit points are calculated based on the $$ amount of the fine. not by the infraction type. (however some infractions are usually having high $$ amount and therefore fall under the high demerit points category).

Can you confirm or deny that?

only if you keep your mouth shut, take the matter to trial, lead the officer in cross-examination to firmly state that you were driving on that direction of the highway. Then use his notes showing prior locations he's been, or your witnesses or anything else that you have to challenge the reliabilit...

The prosecutor can't literally use what you say during the resolution meeting against you. Discussions between counsel for the purpose of out-of-court resolution of an existing matter is priveleged and cannot be used in court. The worst case scenario for you is that he prosecutor will know what you ...

I agree with Straton. Don't lie to the court and don't have your friend do so. If you are seeking an adjournment through your friend, you most likely will get it if it's first appearance. And that works if you appear yourself and say that you were trying to prepare, couldn't do it on your own and ar...

Correct. And the onus would be on the defendant to prove the duress as you stated. Check out this scenario, I don't know the chance of success but it sounds reasonable to use. After all, it all depends on the defendant and the circumstances: I could see someone saying that they saw a dark looking, u...

I'll have to look it up as I said I don't remember the specifics. But this is a general principle in law that applies to anything short of murder. There were cases that spoke of this, there is also a criteria such as: 1. fear must be genuine, not something you just made up so you can commit the said...

I guess she could :) But my argument would be if this is the case, then why have the exception embedded under the speeding clause at all? The Justice must apply the law, not make the law. If he thinks that this exception under the rule of speeding must be removed, he should write a letter to the pro...

Even better.. as long as she couldn't tell whether that was a friend/relative's car, a police or other official car, or a stolen car in the progress of committing a crime