Ontario Highway Traffic Act

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 ...