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I've heard of another tact to take with these that may be worth trying. Send someone to court on your trial date (do not be there yourself). When the case is called, s/he should step forward, indentify, advise the court that s/he is there only as a friend of the court and is in no way authorized to represent you or enter a plea on your behalf. S/he ...

you don't the vehicles around you when the officer got your speed, but might remember exactly at moment you got pulled over. In other words when the vehicle was targetted on lidar the vehicle was probably the solo vehicle, but in the distance it drove after that (300m-1500m to the officer's location) it ended up catching up to other vehicles or ...

The case is York v. Winlow, 2009 ONCA 64. Of course, you could argue (truthfully) that you had no idea what s/he was talking about at the time, that the fact that s/he was planning on amending up the charge should have been specifically explained to you, therefore you had no notice of the proposed amendment, therefore it is prejudical because of X ...

Opinions please -

In addition to the normal business of questioning the officer's training, testing and operation of the lidar/radar unit used in a stop, I'd like thoughts regarding the defendant taking the stand if:

- the speedometer reading on the car indicated (approximately) the speed limit at the time; the speedometer was not calibrated ...

Used to be located at the Urban Affairs library at Metro Hall, which recently closed. There materials are supposed to have been moved to the Toronto Reference Library on Yonge, North of Bloor - so it should be there now.

Actually, from a detailed read of the judgment, it would appear that for straightforward matters where a trial is requested immediately, anything beyond 9 months (30 day intake; 8 month institutional) is likely to be granted, anything beyond 10 months is very likely to be granted and anything beyond 11 months is virtually certain if this appeal ...

The radar is accurate to within +/- 0.1 km/h.

Thx Radar - we may now be starting to get somewhere. Is this information advertised in the manuals for all radar/lidar? And if yes, is it backed up with any independently verified empirical data?

The accuracy is based on the unit of measure

This is illogical. The accuracy of a device is not based on a unit of measure. The accuracy of a device is based on how accurately it measures something.

I know the difference between accuracy and rounding and that is specifically taught on course and why it the unit is accurate WITHIN + / - 1kph on ...

you are reading a USA manual if you see MPH and is not applicable to canada

The unit is the unit. It will not be more or less accurate whether you are north or south of the border. 1 mph = 1.6 kmh. The accuracy is the accuracy, whatever it may be.

+/- 1 is that the unit can almost always will never obtain a reading of say 100.000000 etc km/hr ...

fyi, that is not accurate information

Please enlighten on equipment in current use that advertises a degree of accuracy of greater than +/- 1 mph (1.6 km/h). thx.

If such does exist, the question remains open for all other equipment with accuracy of only +/- 1 mph (1.6 km/h) or worse. Defence ever attempted?

Scenario regarding speeding charge - if a charge is not reduced at all at roadside, i.e. the charge, for example is "speeding 75 km/h in a 60 km/h zone contrary to s. 128," should that not mean the prosecution needs to prove that you are guilty of what you are being charged with, and not, simply, of speeding generally? I understand that if they ...

s. 141(9) reads:

"Where, because of the length of a vehicle or combination of vehicles, a turn cannot be made within the confines of the lanes referred to in subsection (2), (3), (6) or (7), a driver, when making such a turn, is not in contravention of any such subsection if he or she complies with the applicable provision as closely as ...

Thx Simon

Anyone used/familiar with 141(9) as a defence?

Hi all

Does anyone know if s. 141 offenses have been considered by the courts as strict or absolute liability?

Also, is anyone aware of s. 141(9) being used as a defence to a ss. (2), (3), (6) or (7) offense with respect to numerous vehicles (combination of vehicles) clogging the intersection, therefore requiring the outside lane of the ...

Get disclosure. If the officer's notes indicate it was Monday, the crown will simply ask the JP to amend the certificate. You'd have to try to find another line of defence. If the notes also say it was Sunday and you have proof you were somewhere else on Sunday, there are probably a few different approaches to winning on that basis.

I'd imagine the cost of the ticket and representation would be the bulk of it. I'd guess costs/court costs are tiny in comparison if levied at all. I wouldn't factor that into your decision.

What did the prosecution offer? It seems odd they would appeal and then offer you a deal where you just reverse your plea to guilty, as it would still ...

I understand and respect rights, but not as a charade to play games. Those rights were established so that Francophones could have a trial in a language they understand, so they had a right to fair comprehension and defence...not to be abused as a stalling tactic to let people avoid answering for their behaviour, right or wrong, this abuse of the ...

Quite likely the best plea bargain you will get is reduction in the fine to half; your insurance and demerits still get dinged. Not at all worth it, imo. Fight the charge. Read the regulations. Use multiple arguements. Request disclosure if you haven't already. If you prepare a good 4F application, your stay should be granted without a trial. There ...

but you couldn't have known that because you didn't know the young man. It doesn't sound like he was an angry young man wanting to take someone with him, or force their hand because he lacked the courage to do it himself.

It's a sad story, but I am grateful you are safe.

Agree with all points. You very likely were not in danger. Nothing you ...

Hi Radar - when you say O. Reg. 615 goes on to say a municipality is not required to comply (s. 52) is it not simple enough to argue that while the municipality may not be required, that does not exempt the province from the requirement of bilingual services in Toronto and as both the HTA and POA are under provincial jurisdiction, bilingual signs ...

What if there is no date stamp on the photos? If the photos are intended only to show an intersection but taken a few months after the alleged offence and you and the officer are there to authenticate that it looked the same on the alleged offence date?

Hello
I have a couple of questions:
1) If I am defending myself; is it acceptable for me to sit down while the prosecutor questions the witness and presents his case (standing only while I do those things myself)? If yes, do I need to ask the JP permission to sit, or can I just do it?

2) Is there any limit to the number of submissions/arguments ...