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Could anyone tell me please where a fax number I can send my disclosure request? I have a court date late August. The court location is 70 Centre Ave Toronto.

Thanks.

A misspelled name is not a fatel error in the ticket and would not result in it being "quashed" I'd have more hope that the charge is in fact the wrong one and the prosecutor may withdraw it at an early resolution. They are even more likely if you can show that the plates have been replaced already.

Thanks. We will apply for early resolution ...

HTA 13(2) should be the correct section. It's just a matter of which short form wording should be used. I'd likely use: "Entire plate not plainly visible" for a faded plate.
Obstruct plate is generally used for an object like a bike rack or a spare tire in the way.

Thanks, so should I choose option 2 'Early Resolution - Meet with Prosecutor' as ...

Just got back from vacation to find out that my son was stopped and got a ticket for 'Obstruct Plate'. The reason - the plates are faded. The fine is $110.

We noticed that my son's name is misspelled. What should we do? Ignore the ticket and have it quashed (as described on Ticket Combat), or fix the plate and meet with the prosecutor (as ...

Don't forget to update us on how things went!

Alll went well! The cop did not show. Aparently, he retired. That is why no disclosure. Big thanks for your advice mnstrcck!!

So I have a bigger problem now. My son's trial is on Thursday. I already posted some questions before. You were one of those who answered. It looks like I do not have a hook ...

That's perfect. Tomorrow, when you go to court, approach the Prosecutor before court and introduce yourself so they can find your charges in their file. Ask them politely if they have your disclosure. If they don't, you will go to the court room and wait to be called up.

Three Scenarios:

1. No disclosure provided prior to trial. You get called ...

I have a full record of requesting it. I also have a letter from Ont. Court of Justice that they received it and delivered to the prosecutor's office. Then a record of email exchange with that office, initiated by me when I did not receive the disclosure, then record of phone conversation and faxes to the prosecutor's office. I do not have a ...

Is that true that you cannot make a verbal motion to stay the process at the trail anymore? I did not receive a disclosure, so I was trying to go this way, but it looks like the only option I have is to ask fo adjournment. Could anyone confirm? My trial is on Tuesday.

You are fantasizing. He was driving in the opposite direction. This kind of operation is physically imposible, when a relative speed is over 100km/h.


We sent people to the moon more than 40 years ago using analog technology. And you think it's impossible to capture an oncoming car's speed using radar inside a moving vehicle in 2012? As ...

Could the fact that my son was driving last in the group be used to defend that the cop could have catch the speed of the first vehicle accurately? Would the fact that he did not mention in his notes that my son was travelling in a group of cars? Anything, any pointers, or I am just waiting my time?.
How I would articlulate this as the officer ...

Firstly, if your son got a ticket for 15 over, why did you post in the 30-49 over forum? Secondly, it sounds like the cop took several different readings of the speed. And judging from those readings, he probably gave your kid a break and lowered it so he wouldn't lose points (you might want to ask your kid to clarify). If that's the case then you ...

So his ticket is for 55 in 40 zone. Do they have to produce a by-law in the court and disclosure?

Also, here is the text of the narrative:

"... truck e/b 460m west of bathurst st sing veh, est 65/40 68/40 460m 66/40 410m stopped 350m west of bathurst, prod docs ont ...".

Does it mean the radar reading or the cop's judgement (estimate ...

Thanks, guys.

So I reviewed the disclosure material, including the hand-written and type notes. The notes are stating estimated speed in 450 and 410 distance (?), but noting about radar clocked speed. My son was driving the last car in a group of 3-4 cars. The cop was coming from the opposite direction. I believe he use a radar, since the ...

My son was stopped and given 55km/h in a 40km/h ticket. He is 20 so I am afraid of his insurance go up.

The cop was driving from in the opposite direction and my son was driving last behind 2-3 cars. My question is, how could the cop prove that he caught my sons car speed on the radar in this situation? I read his notes are talking about ...

admin wrote:You CAN represent your son if thats what you mean.

Just to clarify, not to go to the court on his behalf, but to participate in the trial while he is in court as well (as if I was his lawyer). Is it still YES?

My son was charged with speeding. He is 20 and I am planning to attend the trial with him next month. Can I actively participate in the trial with him? I mean asking questions, requesting montions, I mean actually legally representing him or he has to do it himself?

Thanks,

Thanks, Simon.

But accordingly to the next section, in such case an affidavit is required. If there is no affidavit (the disclosed to me material has the affidavit, which is empty), doesn't it invalidate the ticket? Can I use it in the court to my advantage?

Thanks, Simon.

So how does it align with POA RSO 1990. c.P.33, s.3(5)? What is the meaning of that section then?

Thanks.

Thanks, guys. One more silly question. Is it ok from legal perspective that two cops are handling your ticket. The firsts one collects your documents and handles you the ticket. The other one, working in the cruiser, writes the actual ticket?

Thanks.

Sorry, one more question.

In my case, there were two cops, one who stopped me, took the documents and handed me the tickets. The other one writing tickets on the computer. Is it correct from the legal point or it has to be one cop doing all these actions himself?

Thanks.

It should be the same as what's on your ticket, section 7(5)(a). There is no definition of true copy that I'm aware of in the HTA. Courts have always simply said it must be a copy of the front and back of the document, with the current validation sticker on the back as well.

BY the way, can they charge me with anything which is not defined in ...

Thanks.

Well, in my humble opinion they can say what they want, but without a reference to an explicit definition in a legal document, that means nothing. The definition of 'true copy' in OHTA does not exist, therefore that point should be easy to challenge. The bottom line is, why a heck they require you to carry this document, when they can ...

Thanks.

Could you please tell me which section of the act it is, and also where a definition of 'true copy' is? I would really appreciate it. I have been trying to find it myself but it is not easy.

Could anyone, please, point me to the exact text in the OHTA, which explains how a copy of the ownership document should look like?

Thanks.

Thanks.

Another question, if someone could answer.

If it comes down to negotiations, which offenses do not affect your insurance? What should I aim for to bargain? I obviously do not want the 'Disobey a Sign' offence on my record.

Thanks.

Simon Borys wrote:I don't see how the discrepancies you have mentioned, even if you can get the court to completely accept your version of the events and reject the officer's, will have any bearing on the ticket being dismissed.

Thanks. So what kind of tactics should I take? Any suggestions?

Hi,

I have a court date next month to fight Disobeying the Signs and also failing to produce proper documents (do not have my ticket in front of me - I had a copy of one side of the vehicle registration).

I recently received disclosure documents. Not a lot really. Just a cop description of the events. There are discrepancies from what he ...

Should be the same address, just make sure you specify "Prosecutor's Office." Alternatively... drive to the courthouse and deliver the request yourself. Have two copies, one for them, the other for them to stamp as "received" and return to you. That way you have proof that you served them with the Disclosure Request.

Thanks. You would not have ...

The copy of your registration, unfortunately, has to have a copy the plate portion. (Not sure of the exact section or wording.)

However, I think you'll be offered a deal when you go to trial. They'll likely give you an offer to plead guilty to one offence in exchange for dropping the other... or the officer may not show up. For your disclosure ...

You can do either/or, but I'd usually recommend waiting for the trial date before you submit the request.

Why did the officer not like your copy of the registration? What were you charged with?


The Ticket says "Fail to surrender permit for motor vehicle'.

I showed him a copy of the original document, but he said that it did not have the ...