Search found 486 matches

R. c. v. Hall-Moreau, 2008 ONCJ 576

R. c. v. Bellefeuille, 2008 ONCJ 575

It may not be perfect but the translation is pretty good. Basically two French cases with guilty pleas. Both trial justices ruled that there was no evidence of another vehicle so the defendants cannot be guilty of being in a race or contest.

The Crown tried to appeal ...

You went from 146km/h over to just 119 km/h over without even putting up a fight. That's pretty good on any day! Radar Identified is right. The insurance and penalty are much smaller than what you were originally facing.

All things considered, no disclosure, no fight, it may not be apparent to you now but you did really well.

I haven't posted for a while but somebody said something about "bi¨re gratuit" and that got my attention.

Could someone post a link to the specific French cases?

lawmen is quoting the Provincial Offences Act above. You should also know that the exemption to the licensing requirement is under the Law Society Act, By-law #4, Part 5, Section 30, sub 5 (pg 24). Print this and have it in your back pocket in case you get challenged in court about defending your friend.

The cop knows you are challenging him because you requested a trial. He marked no witnesses because he is the only witness who saw you not stopping.

Your mom can be a witness but she will not be a very reliable witness. She's your mom, of course she's going to say you stopped.

TC, what the hell does this mean?

2) A trial or hearing that is adjourned for a period may be resumed before the expiration of the period with the consent of the defendant and the prosecutor.

It sounds like they can adjourn, and if they do not resumed within the period of time given, the case gets dismissed. I read it completely differently. It ...

Bear, first I want to state that I've never held or used a lidar gun so all of my knowledge is only from what I've read. With that in mind, here are some questions for you: The scope is offset from where the laser pulse is emitted. How is it aligned for different distances ? I'm thinking of every sniper movie I've ever seen, even Day of the Jackal ...

I appreciate that you do this but I can't help but feel I'm the only one. What about this suggestion:

If you want to quote a section or provision, why not put it in quotes? It will stand out and people can easily go to the bottom of a long one.

Don't worry about asking for the delay. The only bad thing is you are causing the delay so you cannot argue later that your case took too long to come to trial.

But your right to disclosure is absolute and far more important. They know it and can't deny you. Just make sure that you get it in before the trial so you can say you already requested it ...

And thanks from me as well for the complement. It sounds like what the prosecutor said, they ran out of time. Don't you just hate it when people take up the court's time with lengthy procedural and constitutional arguments?:-)

Usually you can push the trial to the very next session (i.e after lunch). The Crown likes to reschedule, otherwise the ...

Next time she should use a TV tray:

Imax makes some great points. My experience in Mississauga is that they fill a court room with 75 people for "pre-trial" which amounts to simply scheduling a new trial date. It is a complete waste of court time.

Make sure you fax in a serious disclosure request before the court session including a request for the affadavit.

A couple of strategy ...

This is an issue TC discovered and its totally brilliant. I've taken it to the next level though, alleging that the text officers add to the ticket certificate, notice of offence or summons must also be bilingual, and further, that the cop must speak to the stopped driver in both languages. When I first came across the argument I thought "NO WAY ...

Perhaps another section of this forum could be made titled "The Legal Perspective"for all the ins and outs of the laws.
Well said, HB. I had to turn down my hearing aid from all that shouting, but it might have served to catch the attention of an administrator ?

This fizzle may have settled on this one but I want to put in my two cents. I ...

A couple more things. - bilingual sign defense doesn't appear to sound to convincing and iffy You have nothing to lose by making this argument. Think about it. What other defence do you have?

bylaw forget it now that I'm told it won't hold. There must be a bylaw regulating traffic at that intersection. They can't just put up a sign. You are not ...

generalinq I am responding to you PM here as there are a couple of things I want to share with everyone.

But first, a pep talk. I know it can get intimidating. Remember to stick to your guns. As long as you show you are sincere and honest and VERY RESPECTFUL of the court and the witness (the cop) you'll do just fine. The court also has a duty to ...

He told me that I was caught on his video camera. Make sure you specifically request a copy of the video in your disclosure request. If they can't find it, you can argue that evidence exonerating you has been lost.

If they do find it and it shows what he claims, then request an adjournment and work on fighting the ticket BEFORE the trial proceeds ...

Since Gupta IS the appeal case and the judgment was delivered orally, one could assume the transcriber did not write the correct section down.

The key ruling on fighting a seatbelt ticket is R. v. Kanda, 2008 and an example of it's application is R. v. Gupta, 2008 .

In Kanda, the court established that this offence is a strict liability charge. In other words, you can offer a defence of due diligence. In Kanda the defendant explained the steps he took to make sure his sons were wearing ...

Here's the thing. In London v. Young the justices specifically mention the write in option and specifically leave out the jurisdictional part. The way I read the decision is anyone has the write in option. But 6(1) is specific: "outside county or district". Clearly someone who doesn't live in Ontario has that option. Does Ontario have counties or ...

ticketcombat..

Thanks. I sent you a pm after looking at your site since I didn't see a 'contact' page on your site :)

I got the ticket in Toronto but don't live in Toronto. Does that make a difference? Thanks for the positive feedback on my site. There is a contact icon on the bottom of every page but it only appears if you have scripts turned ...

We don't mean to confuse you with what we posted, but the law regarding trials is a wee bit confusing. That is an understatement! It's a LOT bit confusing. We are trying our best to come up with a strategy for you. We won't always agree on what is the best course, that's for you to decide. But we will go back and forth on the finer points till we ...

Check out this thread: http://www.ontariohighwaytrafficact.com/topic430.html When you modify/rebuild a vehicle, you must get a Safety Standard Certificate from a licensed mechanic that indicates your truck meets the minimum safety requirements in Ontario.

and also: http://www.ontariohighwaytrafficact.com/topic454.html MTO is a provincial ...

1. What should be a reasonable time for the prosecutor to provide disclosure from the first faxed request (2 reminders were sent as well)? Is 8 months reasonable? If not, is there anything one can do about it? First, thanks for the positive feedback on my site. As I don't know the details, I can speculate that you asked for disclosure, they did ...

we should be THANKED for instilling in our children that it is NOT OK to drink yourself stupid and fly down the road. It is not too late for Mr. Mulcahy to heed your advice and instill in his daughters what he did not do for his son. Rather than punishing himself for this or for failing to take an interest in his son's affairs, he has chosen to ...

I want to discuss this one a bit more. There are definitely situations to use the "do nothing" strategy but getting charged with the wrong offence may not work. Here's my thinking. On the face of it, there is nothing wrong with the ticket. It has a charge, a correct fine, etc. There is nothing to correct or quash.

On appeal the judge may rule that ...

This is really a great example to request disclosure including a request for an explanation and clarification of the charge. Let them do the work. They must bring home to the accused what he did wrong. You are asking "what did I do?" and "How are you going to prove it?"

What TC is saying is that there is a POSSIBILITY that the prosecutor MIGHT, if he is vindictive/spiteful/whatever, withdraw the charge and put it back up to 146 km/h. That is not that common, though. Sometimes they will, but more than often they will not. Sorry I didn't mean to scare anyone. Yes it's a remote possibility. It was more of a warning ...

If the cop is not there, they have no witness and will likely toss the charge. If they say you indicated that you were not going to challenge the evidence (the cop), pull out your notice of trial and show them that they acknowledged that you were going to question him.

The prosecutor will likely know that the charge has already been reduced. You ...

Yes it is my site and thanks for the positive feedback.

I would even go further than reflection's suggestions. In the disclosure request I would ask for the contact information of the "witness" which is the driver of the other vehicle. Why leave it up to chance that you'll bump into him in court? Most people pay the fine. Better still, they ...