Search found 556 matches

by ynotp
Sun Nov 06, 2016 10:20 am
Forum: General Talk
Topic: Challenging court jurisdiction
Replies: 4
Views: 1817

Re: Challenging court jurisdiction

Please don't promote the "freeman" ideas in Canada they will work only to your disadvantage. Exponential levels of frustration will ensue getting you essentially no where, and you will be in a far worse place than you would have been if you had used traditional methods of challenging your ticket.
by ynotp
Wed Nov 02, 2016 10:55 am
Forum: Courts and Procedure
Topic: 11B Question
Replies: 1
Views: 2934

Re: 11B Question

Wow what a nice JP. You must follow all the steps.
by ynotp
Tue Nov 01, 2016 9:42 am
Forum: Hand-held devices
Topic: Consequence of pleading not guilty to an unreduced charge?
Replies: 8
Views: 3118

Re: Consequence of pleading not guilty to an unreduced charg

I agree with the other posters. That being said if you request and prepare for a trial there is always the possibility of a stay of the charge if the officer is a no show or it takes too long to get to trial either from scheduling or late disclosure on the fault of the prosecutor/officer. If you don't mind potentially paying an increased fine it is ...
by ynotp
Sat Oct 08, 2016 9:08 am
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 13433

Re: Insecure load - open for discussion

Based on the disclosure: if the prosecutor wants to proceed with the case, and the officer testifies that it is possible for one of those doors to come off the truck, then I don't see a very good outcome for you.
by ynotp
Tue Jul 19, 2016 10:24 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer Wrote Wrong Subsection Number
Replies: 1
Views: 2261

Re: Officer Wrote Wrong Subsection Number

You will want to force a fatal error on this one don't show your hand (they have 6 months to reissue a summons for the correct charge and the fatal error can be corrected if you attend trial. Basically you let it go into default judgement (do nothing don't attend early resolution meeting) and the JP aught to quash it. If he fails to do so when you ...
by ynotp
Sun Jul 17, 2016 11:42 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: WIN speeding 25 over
Replies: 8
Views: 4543

Re: WIN speeding 25 over

I thought you could represent a friend or family member without being a registered paralegal so long as you were not being compensated? Did something change?
by ynotp
Mon Jul 11, 2016 11:14 pm
Forum: General Talk
Topic: Some questions about trial
Replies: 3
Views: 2280

Re: Some questions about trial

You can file the ticket at any courthouse but the trial will be at the one on the ticket.

Paralegals can help if you are willing to spend the money.
by ynotp
Sun Jul 10, 2016 12:04 pm
Forum: General Talk
Topic: Impact of new Supreme Court ruling regarding trial limits?
Replies: 13
Views: 5198

Re: Impact of new Supreme Court ruling regarding trial limit

As I understand it, after a set amount time it is presumed by the court that the length of time on its own infringes on your right to a fair trial. It would be up to a prosecutor to prove otherwise. I didn't take it as taking away the current system where the accused can argue and must prove prejudice exists in the trial taking more than 1 year to ...
by ynotp
Wed Jul 06, 2016 9:25 am
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 13433

Re: Insecure load - open for discussion

I agree that the odds of this load coming off the truck are remote, but however remote there is still a possibility that it could come off. How many of you would feel comfortable driving with your family behind this truck on a 400 series highway? If this were a commercial truck would we even be having this conversation?
by ynotp
Tue Jul 05, 2016 12:25 pm
Forum: Failing to yield the right-of-way
Topic: s. 136(1)(b) HTA - visual obstruction
Replies: 6
Views: 6169

Re: s. 136(1)(b) HTA - visual obstruction

No defense, you did not yield the ROW after having stopped, the accident is irrefutable proof of this.
by ynotp
Tue Jul 05, 2016 12:15 pm
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 13433

Re: Insecure load - open for discussion

HTA S.111

Proper loading
(2) No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become dislodged or fall, leak, spill or blow from the vehicle. 2002, c. 18, Sched ...
by ynotp
Wed Jun 29, 2016 7:30 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: First ticket,130 in 80 reduced to 129 + 2 more tickets
Replies: 7
Views: 2827

Re: First ticket,130 in 80 reduced to 129 + 2 more tickets

Request a trial and when you get a court date request disclosure to see what the evidence against you is. From there you can plan a defense strategy.

The sticker and plate obstruction are going to be difficult if not impossible to win. The officer is allowed to estimate your speed by a variety of methods (his notes will say how and that is what he ...
by ynotp
Tue Jun 28, 2016 12:25 pm
Forum: Hand-held devices
Topic: 1st ever ticket, not sure what to do
Replies: 2
Views: 2377

Re: 1st ever ticket, not sure what to do

If you just want a fine reduction ask for an early resolution meeting.

Note: If you have a conviction on your record of any kind (even a reduced one) you may have substantial increases on the cost of your insurance policy when it renews. To be sure check with your insurer.
by ynotp
Tue Jun 14, 2016 10:37 am
Forum: General Talk
Topic: Wrong date on ticket - Motion to Quash
Replies: 7
Views: 5007

Re: Wrong date on ticket - Motion to Quash

You are essentially trying to create an ethical dilemma that puts the law on its head. On this train of thought...

If you gave written notice that you were planning on exploiting a hole in the POA that does not compel you to attend trial and creates an ethical dilemma for the prosecutor based on the fact that they have been made aware that the ...
by ynotp
Sun Jun 12, 2016 9:01 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer claimed I drove through stop sign..dashcam
Replies: 13
Views: 5492

Re: Officer claimed I drove through stop sign..dashcam

I'd take this to trial. On the YouTube video you can slow it down to .25 and re-watch. For a fraction of a second he does appear to have stopped and that is all the law requires.