Ontario Highway Traffic Act

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 ...