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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 ...

My boss tries to deduct the cost of the broken dishes from my pay, so I file a complaint with the labour board and they have my money returned to me. A similar case was covered in the Toronto Star with a downtown eatery called Joe Badali's.


I believe that's employer-employee relations. What happened was entirely different - the Sergeant in ...

Allow me:

Pressing the TEST button initiates a comprehensive system self test, which checks the numeric displays and runs a target speed simulation.

Bel,

Awesome work keeping this alive! I sure hope you post this on some of the performance car/motorcycle sites. You'll likely get more "victims".

TC.

The officer is required to have independent recollection of the events. The notes may "jog his memory" but he cannot simply read the notes. He must remember. Which means he could remember things differently than what's written down.

Amber lights are a tricky thing. You are required to stop. If you can't, then slow down and proceed with caution ...

The charge has two demerit points and I believe will affect your CVOR. You may be eligible for the bilingual argument defence depending on which city you were caught in (See my site, STEP 5-->Bilingual Argument for a detailed explanation).

You can also try the "medical emergency" angle but there better be a washroom where you were going. Or you ...

I would request a trial and request disclosure. See what evidence they have first before making any decisions. Just because you can't remember what happened doesn't mean they got it right either. Pay careful attention to the witness statements and see if it matches the "official" accident reconstruction report.

On the other hand, it does sound ...

Neo, we have a tradition here of congratulating people who beat their ticket whether through a stay, a not guilty verdict or a withdrawal for no cop showing. So well done. You have assembled quite the arsenal. Your wife is lucky to be married to a ticket fighting Rambo!

My experience, the cities with the worst/most aggressive drivers in NA are:

1. Toronto, New York City (tied)
2. Boston
3. Montreal
4. Memphis
5. Washington DC RI I've got to second your list although I would put Boston at the top. By far the Germans are the nicest and most knowledgeable drivers I've ever experienced. Guatemalans have a special ...

There is no requirement to obey a solid white line on it's own. But the line becomes solid near intersections, Xwalks, railway crossings, etc. where you cannot change lanes for other reasons. It sounds like you made an unsafe lane change. You need to provide more details.

I have read the ticketcombat site and already went to request disclosure in person. I was turned away because they told me I had insufficient information on my request letter (I used the disclosure request form on the ticketcombat site). They said I needed to add the officer's ID, division, and leave my phone number as they do not mail out ...

And of course, there's our ongoing discussion about whether any of these "modern" devices are even being tested and used properly.


TC... should we open a second can of worms by bringing forward the argument that, thanks to the Cuthbertson ruling, speeding has effectively become a strict liability offence, and develop a due diligence defence ...

Just a couple of additional points. You were likely caught on the forward antenna (radar) as you would not have reached "take off" speed until you were at least beside him. Radar does not work sideways so your vehicle would have to be in front of his antenna to pick you up.


I WAS SPEEDING
The defence of necessity may apply (oncoming vehicle and ...

I want to clarify a couple of points. Demerit points are for motor vehicles which bicycles are not. There should be no demerit points for your charge, UNLESS the ticket was issued in the City of Toronto. They WILL screw it up and issue you demerit points which you will have to get removed.

Also you mentioned the officer "stepped out" of a cruiser ...

1. The issue will be why you want this information. If you have reason to believe they provided false statements, maybe an insurance fraud ring for example, the criminal history speaks to the credibility and reliability of the witness's testimony. On the other hand, if it's a soccer mom who just happened to witness an accident, then it is less ...

Naomi, your ticket is invalid. The ticket you have is called a "notice of offence" and it is covered by Regulation 950 of the Provincial Offences Act.

Hopefully this won't be too confusing. There are two different forms. Form 5 is for jurisdictions where you can request a trial by mail. Form 5.1 is for jurisdictions where you must attend in person ...