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I'm kinda curious if a defendant can establish that the internal test is not sufficient. Probably would depend on the court's willingness to hear the evidence or consider it credible.

Some cases from the US... ruled that tuning fork tests were sufficient to verify the radar was working properly. Gerdes also held that the internal test was not ...

Bear you've given some great examples (but not for the reasons you might think).

Most of the devices you have mentioned (OK maybe not poured beer) are subject to independent testing, scrutiny and regulation. For example, gas station pumps are inspected by Measurment Canada .

I've had my hydro meter inspected. They take it down, the homeowner is ...

I have a lot of issues with the idea that speed measuring devices like radar and lidar guns are using computer generated simulations to test themselves that they are working properly. The manufacturer is making a claim that a device can test itself. Where's the proof that it works?

Is it in the manual or is it simply an unsubstantiated claim? Do ...

You may want to think about going to a legal aid clinic to get some help. You shouldn't face this alone.

http://www.legalaid.on.ca/

This is really quite moving. How do you find out dates/times when the procession goes by?

If the charges are under the Young Offenders Act then there are provisions to seal/destroy records. Info can be found here under Destruction and Disclosure of Records.

But if it's a provincial offence matter, like speeding for example, then a cop will be able to see that on his computer for all time (even when you are 80 years old!)

There is no valid reason for the Crown to deny you a copy of or access to the manual. At the very minimum you are entitled to view the entire manual at the prosecutor's office. Please see R. v. Vanier, 2005 ONCJ 318 . The fact that they are not giving you everything you want is really good! The frustration you are feeling is exactly what you need ...

Took 3 parking tickets in today to John St. Went at lunch time, no line-up. I mean NO lineup at all. Took 3 minutes. And I didn't have a ticket when I got back to my car! Must be Christmas

I don't get it. There's nothing between the ears and yet they continually come up with new ideas to make Ontarians' lives miserable. How is this possible? I'm going with the alien possession theory.

One of the biggest mistakes you can make at roadside is correcting the cop. You can say "yes" or you can say "no". Anymore than that and you are asking for a ticket.

Yes you can fight your ticket and yes you can win.

You were traveling at or below the speed limit which you thought was appropriate for the conditions. The light turned amber, you ...

lawmen wrote:Now in order for me to tell you what your new number is click on this link http://www.ticketcombat.com/ I will make the coolest and most toxic site outside of the U.S.S.R. appear.

Cool and toxic

[Finally I get to use the sunglasses emoticon!]

Check out the thread above for some ideas. If you can handle it, you might want to try the aggressive approach: "I've found out that you were riding on the sidewalk against the municipal by-law and you are at fault, not me. You can let this go, otherwise I'm going after the full amount of my damages from you!"

If you're not up to playing chicken ...

Does this look like a stunt driving charge could be laid, she's not sitting in the seat, looks more like she's sitting on the trunk
or is it just simple seat belt infraction?


http://i328.photobucket.com/albums/l352/toastedwhitebread/70.jpg

I think the fashion police should get first crack. What's the rule? Don't wear upholstery after Labour ...

Have a safe and happy holiday. Keep the booze in the bottle, the cell phone in the trunk and the pedal away from the metal.

Then stick to your story: "it was my intention to turn into the proper lane, I heard/saw the ambulance coming and also saw the officer motioning vehicles to pull over. I saw this BEFORE I made my turn. As I was in the intersection with an oncoming ambulance, I did what the officer told me to do: pull over to the right."

Also make sure you mention ...

You may wish to check out this discussion: http://www.ontariohighwaytrafficact.com/topic497.html

The members here have agreed to disagree on who was at fault. The issues center around municipal by-laws on whether you can ride on the side walk, wheel diameter, who has right of way, and civil remedies vs. insurance payments.

I'm assuming that the ...

Is your charge HTA 141(6)? Don't be surprised if the version you hear from the cop is completely different than yours and likely will not mention an ambulance.

It seems like you have a good story but you are missing the other side's. It's a bit late but you should be requesting disclosure before saying anything at trial. Most people are convicted ...

Ontario Government Introduces Sweeping Child Safety Legislation
QUEEN'S PARK, ON, December 16, 2008 /CNW/ -

Childrens Safety Minister Alice Munro tabled new legislation today to safeguard Ontarios children. "We're on the side of young families who want to keep their kids safe," said Munro.

Bill 401 will amend the Child Care Act to legally ...

Ticketcombat: on my court date when would be the time to ask for dismissal sighting Section 3(3) of the POA?

If the judge does not grant the dismissal can I still proceed with the trial?
If so I need to know:
What is an acceptable distance that a 904nm laser can be use for speed assessment?
Is it mandatory for an officer to be re-certified for ...

It's hard to say until we know with what you were actually charged with. Can you site the Act and section you were charged under? Or were you given a summons to appear?

Can argue the "personal service" until the cows come home, but common sense should be used in this situation. Common sense trumping provincial legislation? They aren't written with common sense, why would we start using it after the fact?

I figured out the safety issues right off the bat. I realized why the officer did what he did. But you've got ...

Your next court date is to meet to schedule a trial date. Yeah I know. And people wonder why the courts are backlogged! If you don't receive disclosure you can raise the issue then: "Your worship, what's the point of scheduling a trial if I haven't received disclosure by now?"

Section 3(3) of the POA, the notice must be served personally within 30 days. Looks like he didn't do that. You'll need the passenger to testify but that should be enough to toss the ticket.

Another thing you might want to try is disclosure. Check out this thread where they requested an adjournment on the trial date because they "just found out" about disclosure.

Hold on! You didn't mention the three second rule before. Make sure you get a copy of that video. Insist upon it. Typically new cops remember their Young Driver's of Canada training. They mistakenly write tickets to people who don't stop for 3 seconds. There is NO legal requirement to stop for 3 seconds. Stop is stop. Even if it is for 1 billionth ...

Don't confuse two different situations:

1. Ask for an adjournment in advance. Not being able to get time off work should be good enough. People routinely request adjournments because the trial conflicts with their vacation! The only bad thing is that someone has to show up at the court between now and Jan 14/09 to explain. Mention something like ...

It depends on which court you are attending. Typically you must go to the court and file a Notice of Motion advising the court that you wish to change your trial date. You should do it as soon as possible (well in advance of the trial date). You may have to swear an Affidavit in support of your request. The court will then schedule a court date to ...

You may not have heard the paralegal properly. He pleaded guilty to a lesser charge on your behalf. It doesn't matter what charge or whether you did it or even if it is remotely connected to what you were doing that day. The lesser charge counts for the "win" they promised you which is a reduction of your ticket in either points, fine or a ...

Now that sounds like a plan. Although I'm not sure where to get the vindaloo. It doesn't appear on the menus that often but I may not have noticed it (I'm an AYCE buffet boy myself).

But if it's merciless spice you want then Lahore Tikka House is a great bet. And Kama on King has a solid buffet.

Dropping the extra 4km/h isn't that much more. The only thing I can think of is that they REALLY did not want you to get away without some demerit points. Did you dress up? Did you show respect? Did you use any of the arguments I suggested above (showing remorse, sincere apology, distance traveled, etc.)?