Ontario Highway Traffic Act

Even after having his notes I don't know exactly where he was positioned when he allegedly saw me run the light. Without knowing his exact position, how am I supposed to challenge his "visibility" without positioning myself where he was and see for myself whether his statements are correct. :shock:

There has to be a way that one can get this ...

That's a good point. Also he may have been issued a summons under Part 1 s.3(2)(b) instead of Part 3.

That used to be the rule but I've noticed some jurisdictions will mail or fax disclosure out, while others refuse to. I asked the AG to clarify what the rule is since downloading court services to municipalities. I don't expect a response before the end of the decade!

Induction loops (rectangle wires buried in the road) are used along with sensors to detect movement, direction and speed. In a multi lane highway with dedicated left and right turn lanes the wires are not place there. Only in the through lanes. But on a two lane road, you'll likely cross a loop as you turn right.

Ague the invalid ticket first before pleading. The right turn argument can be made during trial. Was your ticket in Peel as well?

I didn't forget the "addons", I was just wondering if there was a statutory amount above $500, otherwise why issue the summons?

hwybear wrote:I have never ever heard of a willsay being made for any provincial matter.

Depends on the jurisdiction. Some officers will provide a will say statement when they prepare disclosure. Usually it's "the notes summarize what I intend to say..."

I think he has a right to pull over any vehicle when their emergency lights are not on. Upon "discovering" the situation, he should have let it go. But by that point, yee haw, he was too far gone and only thinking with his little brain. Wasn't he one of those guys in the woods in Deliverance?

No one has mentioned the race issue. Black driver ...

The set fine is $85 and can be found in Schedule 43. I can't find the statutory amount for this offence anywhere. Can someone help me out on this?

You've stated "the officer's point form notes". Does that mean he typed them out for you but did not explain the abbreviations or was it hand written? If you have made 4 disclosure requests and still have not received everything you asked for then you can go ahead and apply for a stay at least 20 days in advance of the trial.

Warning: Your ...

Thanks liveontheedge and ticketcombat. Your knowledge is much appreciated.

How do you force (as opposed to request) an adjournment? You are called and say "Your Worship, the prosecutor has failed to provide disclosure/adequate disclosure and therefore I am forcing an adjournment". I'm not being silly, I'm just wondering how to word it (assuming ...

Typically they will KEEP your information for five years but some can go to ten years. But they have to get the information in the first place. Demerit points last two years and on your MTO record for three years.

If you lie about anything, that's insurance fraud and it will effect you forever.

Ticketcombat - please clarify this point for me. If I am requesting a court date change am I forcing an adjournment there by ruining my chances of filing 4f for non-disclosure??? Kind of. You are wrecking your chances for an 11b since you are causing the delay. You are also giving the prosecutor more time to complete disclosure.

On the bright ...

I filed a motion to change my court date and I need to attend the court on june 19. Is your June 19 date your trial or just to hear the motion to change the trial date? If it's your trial date, then state you haven't received disclosure which means an adjournment.

If it's not your trial date, then you have requested disclosure twice (in April and ...

He must remember. Which means he could remember things differently than what's written down. Wouldn't this be "reasonable doubt" though to get two different stories from his notes and from his memory?
See paragraphs 78 &79 of R. v. Hamid, 2008 where the testimony changes over time. On the witness stand, the person remembered the vehicle in a ...