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Call the court and get there advise on how to file the appeal. The details of the appeal we can help you with. Start by requesting the judge waive the requirement that you pay the fine prior to filing the appeal.

Here is the sections of the POA regarding appeals.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#BK138 ...

Just created that bulletproof defence yesterday.

The comedy of it all is that the POA is 19 years old. Ontario has over 10,000 lawyers, and thousands of paralegals, hundreds of lawmaking politicians, yet no one but me spotted this massive fatal flaw in the POA.

Look for yourself.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes ...

The French defence is that the street sign is not bilingual, the cop never spoke to you in both languages, and the text the cop added to the ticket is not in both languages.

There is a thread or two on this site relating to the issue. You'd have to look for them. If you click on my name and search all my posts you'll find it quite easily.

The ...

I just read your first message. Very interesting. HTA s. 154(1)(b) does say you can use the turning lane as a passing lane.

You committed no violation.

Use the French Languge Service Act defence in addition to arguing you violated no s. 154 provision.

The turning lane being used as a passing lane is funny!

Youre ignoring the details in this case.

The cop saw what driveway the car pulled out of. He stopped the car 500 or so feet away from that driveway.

Five or six cops were on the scene. Not one of them went to the house 500 feet away to confirm any details provided to them by the driver.

Giving your name is all that is required. The driver did ...

Did you receive an offence notice or summons along with the certificate of offence?

If Waterdown is not part of a prescribed part of Ontario within the meaning of the POA your ticket is unenforcable. Check the list below, if Waterdown is not within the list it is not within a prescribed part of Ontario.

Therefore, if you received an offence ...

You need to go see a Justice and get an arrest warrant for this cop.

Make several copies of the evidence you have, including the tape of him admitting to punching your son, and again, don't leave all your copies in your home.

Under the POA a person can be issued a certificate of offence certifying that an offence has been committed if they;

(a) live inside a prescribed part of Ontario and receive a ticket inside that prescribed part of Ontario;
(b) live inside a prescribed part of Ontario but receive the ticket outside of a prescribed part of Ontario;
(c) live ...

Call all media with your story.

Get a mini recorder and keep it in your car. If you can stopped covertly record the conversation with the cop. Always be polite as you know you're recording it.

The cop is going to be fired, if justice is properly served. He knows it just like I do.

Don't let them scare you and video tape stuff like that, i.e., cops in a van.

What city are you in?

And what's the cops name?

Also, bear in mind, the resisting or obstruction only occurs if the cop was "in the execution of his duty."

129. Every one who

(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,

What duty was the cop executing?

He was making a false arrest ...

Make several copies of the video and cell phone tape you have of the cop admitting to hitting your son. Do not leave all copies in your home. Have a copy elsewhere. Cops will break in and steal your copies if they know its going to hang one of their own. Video tape the ownership and insurance skip in the bag, and also keep the bag.

This cop is in ...

This case is laughable.

He was being arrested for some offence.

He was not charged with the offence he is allegedly being arrest for.

He is charged with resisting arrest on a charge that was never laid.

I believe you have to file a complaint through the Police Service Act before OCCOP will look at your matter.

This cop is in a lot of trouble but the system is so corrupt hell probably get away with it all.

The cops can stop you at any time to check documents, which is what they did.

http://scc.lexum.umontreal.ca/en/1988/1988rcs1-621/1988rcs1 ...

Was the car impounded?

What did the justice say when your son was taken before him?

You have the cop on tape admitting he puched your son?

You can sue the cop for false arrest and negligent investigation.

The police are not immune from liability under the law of negligence and the tort of negligent investigation exists in Canada.

http://scc.lexum.umontreal.ca/en/2007/2007scc41/2007scc41.html


You can also file a complaint against him under s. 56 of the Police Service Act.

http ...

Motions use rule 37 of the rules of court. Motions use Form 37A.

Follow rule 4 when creating your court documents.

Rules are on the link below

http://www.canlii.org/en/on/laws/regu/rro-1990-reg-194/latest/rro-1990-reg-194.html


Fill in the details on the motion form below.

http://www.ontariocourtforms.on.ca/forms/civil/37a/RCP_E_37A_0707.doc ...

The police get the power to stop vessels under the Canada Shipping Act, and Small Vessel Regulations.

http://laws.justice.gc.ca/en/ShowFullDoc/cs/C-10.15//20090707/en

Objectives of Act

6. The objectives of this Act are to

(a) protect the health and well-being of individuals, including the crews of vessels, who participate in marine ...

Everything about s. 172 is flawed.

And getting back to s. 214.1(7) for a second, if you drive a car with someone in your trunk under s. 172 you get a minimum $2,000 fine.

If you do it in a community zone, you get a minimum $4,000 fine under s. 214.1(7).

Complete comedy.

So if you do it on the 401 at 110-150kph (high speeds) you get a $2,000 ...

Here's the regulation. I didn't read it all. You should.

What I saw though was that you needed a friend with you who is at least a class G. Your friend was a class G2.

Novice Licence Conditions

5. (1) The holder of a Class G1 drivers licence may drive a Class G1 motor vehicle on a highway if a holder of a Class A, B, C, D, E, F or G drivers ...

I know this and I agree. I was just pointing out the oversight. They wrote the law and can't even get the heading correct.

Subsection (7) also adds an additional penalty, as your permit can also be suspended.

More oversights by the great Dalton McGuilty.

Under s. 128, if you get caught speeding 50 kph over in a community safety zone or construction zone, you pay double the fine set out in clause 128 (14) (d) for each kilometre per hour that was driven over the speed limit.

If you get caught 50 kph over under s 172, you don't pay double.

The title ...

Dumbass Award goes to JP Michael Frederiksen

http://www.canlii.org/en/on/oncj/doc/20 ... ncj48.html

The intent, wording and structure of the provisions of S. 172 of the Highway Traffic Act make the offence one of strict liability.

I say;

Since when do the words "an intention to" create a strict liabiltiy offence?

And the dumbass award goes to... JP M. Coopersmith


http://www.canlii.org/eliisa/highlight.do?text=care+and+control+over+.08&language=en&searchTitle=Ontario+-+Ontario+Court+of+Justice&path=/en/on/oncj/doc/2009/2009oncj153/2009oncj153.html

"The police officer was asked why he chose to charge the defendant under s.172, as opposed to s.128 of the ...

One more for the dumbass club.

BROWN, J.P.

http://www.canlii.org/eliisa/highlight.do?text=hta+s.+159&language=en&searchTitle=Ontario+-+Ontario+Court+of+Justice&path=/en/on/oncj/doc/2009/2009oncj185/2009oncj185.html

"I will now proceed to an analysis of Section 172 in combination with the Regulation, taking into account those factors as ...

kimbax0x in my opinion, you do not want you case heard until six months after the date you were issued the infraction. You were issued a ticket under Part I of the Provincial Offences Act. If your case is heard before the 6 month period, the court can agree with you that the text the cop added to the certificate and summons was to be in both ...

The RIDE program is the worst tool in the tool box.

First, many (not all) RIDE programs are held on long weekends. The cops are getting paid overtime.

Second, a driver has no obligation to answer any questions once stopped. He is obligated to only provide his drivers licence, ownership and insurance. You can produce the documents without saying ...

There was a big story on booster seat a little while ago in the media. Apparently the seats are not safe and the government knew it and concealed the information. Youll have to do a Google search to dig deeper on the story. I didnt follow it but recall hearing about it.

You can win the argument that RIDE programs are illegal under the Canadian Bill of Rights but I dont see it helping you in this case. The Canadian Bill of Rights only applies to federal laws. All of the charges you are facing are provincial charges. The Canadian Bill of Rights does not apply in this case.

Had you been charged with impaired, it ...

I agree with your scenario, but Bondra12 said it wasnt safe to move into the left most lane from the middle lane. The law doesn't require drivers do it at any cost, it only requires it to be done if it can be done safety.

The cop says it was safe to do. Why was the cop watching what Bondra12 was doing and watching the traffic in the third lane ...