Ontario Highway Traffic Act

In R v. Gupta? It was applied to where the driver was charged for minors not wearing seat belts that somehow became unbuckled in transit.

You should review disclosure and the evidence against you before making any decisions on how to plead. Odds are a reduced charge is going to be the outcome of this but it just may be that the case against you is weak.

For those who don't know both Absolute Liability and Strict Liability do not require "mens rea" (intent) to be proven in order to support a conviction but with Strict Liability offences you may use the defense due diligence.

If an HTA offence is regarded as one or the other depends largely on precedents that take into account the wording of the ...

The HTA states any vehicle (personal or commercial) can be pulled over to ensure the driver is licensed, the vehicle is insured and mechanically fit.

Any officer can issue a ticket anywhere in Ontario. That being said the court house (identified by ICON #) on the Provincial Offence Notice should be the one for the area where the offence took place.

At this point you can request the trial at your local courthouse, but your notice of trial sent to you will be for the court in Napanee. Make sure ...

You basically go to court, keep your mouth shut, let the trial begin and watch them try to prove the essential elements of the offence and when they fail introduce a motion of non-suit. A motion of non-suit is essentially asking the JP to rule that the prosecutor has not and cannot prove the case with the evidence they presented. Before adopting ...

Your defense if it gets to trial is that you are absolutely certain that you were wearing your seatbelt and you always wear your seatbelt even when delivering pizza. If you are convicted you can ask for a reduced fine and time to pay. The key is to be a better witness than the officer so that your testimony in given at least as much weight as his ...

I hate to break this to you but if she was turning left into a side street then it is an intersection.

The officer can lay a charge based on what the cyclist or other witness said to them without taking a statement from your mom but it isn't great procedure. In order for your mom to be convicted at trial the witnesses who spoke to the officer will ...

The other driver is under no obligation not to report the accident or make a claim.

Most signs need to be visible for 60 meters to support a conviction but in the case of speeding there are default speed limits in Ontario for highways 80 and urban areas 50. In the absence of a visible sign you are to follow the default speed limit.

Ontario has fault determination rules. http://www.ontario.ca/laws/regulation/900668

(3) If the incident occurs when automobile "B" is entering a road from a private road or a driveway and automobile "A" is passing the private road or driveway and, if there are no traffic signals or signs, the driver of automobile "A" is not at fault and the driver ...

If the officer had an eyewitness finger you as the driver and can lay a charge on you as the driver, if they cannot determine who the driver was they can charge the vehicle owner (but this does not appear on their driver record). You are correct that police can lie in order to get confessions, but if he said he wasn't going to charge you he ...

The officers evidence is going to be him paraphrasing his notes. If it goes to trial I'll bet at trial the officer will testify he saw the shine of the buckle next to your shoulder and you will swear six ways from Sunday that you had it on and have no idea what the officer is talking about because you ALWAYS wear your seatbelt. The JP will have to ...

File for trial and request disclosure when you get a court date. You can always plead guilty to a reduced charge/fine. In the absence of other evidence it will be your word against the officers, if you can offer credible and honest testimony that you were indeed wearing your seatbelt you could win.

epcjay wrote:Just lie and said your not sure why you go the ticket and that the sticker was on there.

As long as your receipt has a time stamp BEFORE the ticket, they'll cancel it

Please refrain from giving people advice to lie. If this ends up in court the penalty for perjury is far greater than the face value of the ticket.