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You need to edit your post and put the right dates in. We are still in 2008 not 2009.

You can try and fight the ticket because let's face it, you really have nothing to loose at this point except time and gas (or bus fare).

Basically all you've got to fight the ticket is: an advanced disclosure request strategy,
hope the cop doesn't show up or ...

You have basically two solid arguments to use and an excellent chance of fighting the ticket.

First, you have the defence of necessity: there was no reasonable legal alternative for you other than to drive on. (note: you better make sure that the route you drove on was THE ONLY ROUTE you could have gone, not just the shortest route if a longer ...

Serving you the parking ticket is covered under the Provincial Offences Act and it states:
Service on owner

15(4) The issuing provincial offences officer may serve the parking infraction notice on the owner of the vehicle identified in the notice,

(a) by affixing it to the vehicle in a conspicuous place at the time of the alleged infraction; or ...

CT [sic], if a stop sign isn't in both languages does this mean the stop sign is of no force as well? Unfortunately no. Throughout Europe, even in France, the stop signs say "Stop". Quebec did have the whole "Arrªte" issue during the language law error but even Montreal has signs that read "Stop" not "Stop/Arrªte".

Also Reg 615 decrees "Stop" for ...

Why do they have to provide a copy of the bylaw? I cover this in more detail on my site (Step3-->Find the Act). Basically municipalities enact by-laws regulating speed, parking, turns, etc. Then they erect the sign. The sign is meaningless without the by-law. Typically the prosecutor will submit the whole by-law (must be a certified copy) at the ...

Thanks again for the positive feedback. I just want to clarify a very important point about the bilingual argument. bear in mind, a community must've passed a by-law recognizing it in order for a accused to rely on it. This is the argument the City of Toronto made on appeal. They lost. The court determined that the by-law was not necessary as the ...

Where could I find this by-law? You don't. The prosecutor has to file the by-law in court. They should release it to you when you request disclosure. DO NOT REQUEST THE BY-LAW!!! If you do, they'll give it to you. Instead, request disclosure and when they forget to give it to you and try to file it in court, argue improper disclosure.

I am gonna ...

I read your site. You make some great points and offer great advice.

Everyone needs to read it. Thanks for the positive feedback lawmen. I respect the points you've made on so many posts. You're giving me a perspective I did not know about, particularly the conflict between sections of the HTA which I found very interesting.

If I challenge you ...

Please advice on this ticket:
Disobey sign 182(2) ("do not drive through the intersection" - Mon-Fri 4PM-7PM). I'm not allowed to link to it directly but try the bilingual defence (See my site, Step 5 -->bilingual defence). If you were in one of the 26 designated areas of the province AND the sign was unilingual, then you've got a great shot at ...

According to the Insurance Institute for Highway Safety [quoted via Wikipedia ] Roundabouts are safer than both traffic circles and traditional intersections—having 40% fewer vehicle collisions, 80% fewer injuries and 90% fewer serious injuries and fatalities (according to a study of a sampling of roundabouts in the United States, compared with the ...

It's been awhile since I parked on Emily (I used to work near there 10 years ago. I don't think it's changed since then.) Emily is unusual in that it is a small street and it becomes one way just north of the loading zone on the south end of it. So the the north 2/3 part of the street is one way, the south 1/3 part is 2 way. That's why there are ...

Question 1: If I talk to the prosecutor, should I mention my side of the story? In other words, will he/she use that to prepare for his/her case against me in court he him/her decides not to cut me a deal? As all you're admitting to is going about 10km/h over, there's not much she can use against you.
Question 2: What kind of deals do you think ...

You can still try to fight this ticket. Let's face it, you have nothing to loose at this point. Other than you and the driver, there are no witnesses that you were riding along the crosswalk.

You will end up in a "voir dire" in court because I suspect you admitted to the police that you were riding along the crosswalk.

You can also ask for a ...

a fine of $280 will be entered against you. That is if you were doing exactly 40 kms over the speed limit. It's $7 per kms over. You forgot the victim surcharge +$60.

pardnme : Your question is a little confusing. You said "I called in to set a trial date". What does that mean? You request a trial, you get a trial date, you go to the trial. Some ...

TC, I've seen you mention the French Language Services Act a few times now...Do you have any case law in relation to this matter?
lawmen : the relevant case is R. v. Myers [2004] O.J. No. 4763. My site has the argument and analysis, see Step 5 -->bilingual defence.

No municipality has proclaimed s14 of the FLSA as far as I know. Instead, this ...

If you are looking for some magical do it all excuse that will get you off this ticket, there isn't one. You have to be far more sophisticated than that. You have to attack the officer's recall of the facts: what was the weather like, what color is the car, how many doors does it have? This is to establish that his memory is faulty. You have to ...

Regarding all these issues about set fines, if the court can impose any fine they want within a range, can they also not indicate what fine they will impose by [wait for it] establishing a set fine as a guide for justices?

ativ11, Toronto is required to post bilingual signs. If the sign isn't bilingual, it's not enforceable. Your ticket is not valid as long as the sign is not bilingual. You can find out how to fight the ticket and make this argument on my website. See Step 5-->Bilingual Defence (I'm not allowed to link directly to my own site).

Section 172 is unconstitutional becaus [sic] of the prison term...The court can strike down the prison term portion but until it does the entire provision is unconstitutional. OK now that the really offensive bits have been either censored or edited out, I'll respond. I understand the argument of absolute liability prison terms conflicting with s7 ...

has there ever been a successful case about this or is this just some research work you decided to do one day?? I still don't see a case citation where the argument worked.

What is clear is that you will be arrested for not providing a sample. R. v. Van Deelen, 2005 CanLII 62981 (ON S.C.) :
Mistake of law is no defence to a criminal charge...The ...

Most likely not. If there was no location, you would have a better chance. The justice will rule that you should know where you were when you were stopped.

However, you could argue that you were misled in preparing your defence by this error. You were prepared to defend against the charge based on the fact that you were never on that road ...

It's not about the excuses. It's about developing a strategy to fight the ticket: disclosure, stays, preventing foundation, maintaining reasonable doubt.

All of this can be undone on the witness stand: "I was parked in the fire route because [insert excuse]..." You've just admitted guilt. Game over.

I'm thinking of buying snow tires for my fiancee (wife as of Saturday) Nothing says "romance" like a set of winter tires :-)

Seriously, congratulations on your pending nuptials. Canadian Driver does a winter tire review: http://www.canadiandriver.com/winter/tires/tires.htm

I also remember the Lemon Aid Car guide used to give tire recommendations ...

You would have to submit an affadavit if you can't be there for the reopening request.

When it comes to your trial, basically your defence is that it wasn't safe to change lanes (you of course slowed down!). You have to testify to this, you cannot have someone testify for you.

Disclosure is when you request to see all the evidence against you so that you can prepare your defence. You can check out my site for an introduction and instructions to fight your ticket including a disclosure request form (see Step 4 on my site).

Speak to the prosecutor before court about getting the fine reduced. If he doesn't bite, then ...

I thought it was a good read. My favorite part: If you are subject to an impoundment you are empowered under s. 494 of the Criminal Code to arrest the police officer on the spot the second he acts to impound your vehicle. I'd like to see that on the next episode of Cops :-)

OK now for the serious bit: R. v. Kanda (2008) clarified absolute and ...

#1 Don't mean to step on toes but you don't need a registered court agent:

http://www.ontariohighwaytrafficact.com/topic410.html

Bill 14 created a licensing requirement for paralegals...As long as defending someone is not your main business or main employment AND you are not receiving any benefit (money or otherwise) you can still defend them ...

Both of you are lucky the cops didn't seize your cars and suspend your licenses under the street racing legislation.

Sec 75 is a strict liability charge. That means you being unaware should be a good enough excuse but you have to be very careful how you present it in court. Also make sure it wasn't an "extended squeal" like drag racing but more a ...

First of all I want to thank ticketcombat for all your extremely useful information provided on your website! It increased my ticket-fighting knowledge and confidence 100 times! Thank you for your kind comments. I really appreciate them. My site is dedicated to helping people fight their tickets and it's nice to get feedback when people find it ...

My favorite: Don't read a book while driving :shock: (yes I'm serious, coincidently I saw it on Hurontario south of the QEW). We don't pay higher insurance rates in the GTA for nothing. We earned it!

Back to Proper1's issue about lane markings and my comment. Bear I understand HTA 154, but I don't see anything about solid or dashed lines, yellow ...