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Wow that's some good luck! Congrats on an easy win!

First and foremost, ignore her advice to "plea guilty with an explanation" - she had straight out lied to you (not a legal advice, just a warning!). A guilty plea with an explanation is still exactly that - a guilty plea. The best course of action to follow would be to plead "not guilty". This way you can get the notes that the police officer wrote ...

Any Police Officer in Ontario can enforce OHTA anywhere in Ontario. TPS cops can enforce on the 400s, and OPP can enforce on the Steeles Ave.

so today, I thought I would make a change. I thought I would go big or go home, soI went and jumped in and drove a relative's "International". So off I went at 7am. Figured I would go for a little drive and see how it went. Well I loved it so much I came back at 8pm tonight......13hrs of driving. The best was that everything was that much easier ...

Now, I would:
1 - pay the ticket
2 - file the appeal ($150~)
3 - request the transcript ($10~) of lost trial
4 - read...

See if there is anything unclear from cop's own testimony. Point them out. Request more disclosure if needed, enlist your witness to come, or at least give a written statement.

Anything else anyone might add

You are not a "motorized vehicle", so no, OHTA doesn't cover it. Is there a sign saying "no pedestrians allowed" or such? Besides, the Beckett drive is too steep, and the 403 would be off-limits for sure.

Arghh, who resurrects long-dead threads???

On your addition about electric cars:
I am more concerned about the stupid Powermat powering up people's iphones and crackberries, instead of being installed underneath every road so that every car could be powered by the science of electrical induction, instead of stupid gadgets! Besides, what will stop ...

Video in a vehicle can not identify which target a radar or lidar is striking and at what point in the time the reading was obtained.

Well, if it is a true night-time camera, then it should "see" the lidar beam, and when, or whether, it is hitting your car, no :P?

I agree that the number of legitimate speeding charges laid is very high, but the ...

Many thanks to Marquisse for sharing this with us!

Download the PowerPoint file here (1 MB): http://www.mediafire.com/?mm5xez0iqzi

Or, alternatively, you can download the Adobe Acrobat file here (0.5 MB): http://www.mediafire.com/?jmddmmxatk1

What that woman told the police and wrote on the written statement will have to be cleared up on the summoned date. You DO have access to these documents, it is your Charter right to see the evidence against you.

You do not need to have a legal agent go to court for summons, as on that court date the Justice can either throw out the ticket, or ...

The easiest way to educate yourself on these matters would be to go to Provincial Offences Court on your off day and see some cases there. You will probably want to cry and laugh at the same time though...

Wow, looks like a messed up story.

First off, your ex would have to be in court to testify. The fact that he was arrested for obstruction is not helping crown's case against you.

What has happened, in detail? Bumper benders are not even required to be reported to the police.

If your ex wanted his wife not to know about the fact that you were ...

You can speed when you are being tailgated. Fight the ticket, get the disclosure. On the stand, question the officer if he saw the vehicle behind you. Also, look for the times when the speed measurement unit was tested, and make sure to ask for the manual of the speed measuring unit. If you were clocked at 30 over, what is your fine?

This offence ...

Since you have hired a paralegal, seems like you did not want to go to court. I would ask the paralegal to see the disclosure that s/he requests, and maybe talk to him/her about the line of defence s/he is going to use.

No need to do anything else. Your uncle won without a fight! Congrats!

My buddy will do that. He says he will reference Chapter 7 and the crown policy manual and it's section on disclosure...

Question: Are city (i.e. toronto) prosecutors specifically bound by the Ontario crown policy manual as published by the Ministry of the Attorney General?
http://www.attorneygeneral.jus.gov.on.ca/english/crim/cpm/2005/Disclosure ...

Respectfully ask for stay before the plea, due to incomplete disclosure.

Crown will try to adjourn, let him if you can get him to admit that it is crown's fault. (gives you good 11B arguments)

Seems like a good idea. You did your own math, and it works out in your favour.

You do not have to prove complete innocence to win a ticket. All you have to do is to raise the reasonable doubt as to officer's testimony. It is the duty of the LEO to show that you have violated the OHTA beyond reasonable doubt. The fact that there seems to be something added on the side works in your favour - you can argue that she added stuff ...

The set fine for "Green arrow — fail to proceed as directed" (SS 144(14)) is $85, plus $20 victim surcharge, and $5 court fee, up to a total of $110. If your friend was charged anything else, he can simply ignore the ticket. Unless it was in the "community safety zone", where the set fine would be $120, and the total payable $150 ($25 VS + $5 court ...

donovan39 is right! Good post and good find Donovan!

The set fine for violating 144( 18 ) is $260, plus $60 victim surcharge, plus $5 court fee, up to a total of $325. If you were charged $180, then the set fine is wrong, and all you have to do is not pay the ticket. Alternatively, you can still file for court and not attend, to the same result ...

These are "Fatal Errors" that invalidate traffic tickets (PONs):

- Defendant name missing (misspelled name does not invalidate the ticket)

- Missing offence or an offence not known to law (subsection missing or totally wrong)

- Missing date (wrong date does not invalidate the ticket, HOWEVER, the officer has to file the ticket within 7 days (not ...

Yet another issue to be debated is that the "no right turn on specific times" is AFTER the intersection. One would assume that the sign should be posted in advance of the intersection. Bear, is there a regulation for that?

Yes, he can get insured with a new company, however, the rates might unpleasantly surprise him since he was dropped by his old insurance provider.

Can you give us details about the charges he has? If it is a lot of small ones, it should not be too bad, if there is a major one in there, then the rates will be pretty steep.

Can anybody provide a consolidated list of fatal errors, and whether they are fatal all of the time (at a trial, during a default procedure, etc.) or just when it involves a s. 9 or s. 9.1 examination of the certificate of offence by the JP?

We have one here: http://www.ontariohighwaytrafficact.com/topic1615.html. I will also make a [nicer] list ...

Ah, the good old trying to scare people away tactic. Saying that the court does not provide disclosure is like saying "you don't have a right to speak your mind", as it is in the charter. Defending a member of your familyfree of charge is the same right.

If those who know about the FLSA loophole and work to convict people despite that fact should ...

Here's the photo direct:

http://farm3.static.flickr.com/2766/4346923916_97894e350b_o.jpg

Well, the 1-st thing to do is to file "Not guilty" with "Officer present". Also, send a letter asking for a speedy trial. This is in Toronto, right? You have a good chance that:
A. Cop does not show up
B. Your court date is more than 10 months away, and you ...

So are you gonna fight it or not?

Don't worry about the labour strike.

If they still have not provided you with the manual after an adjournment and 3 requests, that tells me that the prosecutor is, ahem, incompetent. You have tried 3 times, and he still did not do it. Apply for a stay based on Section 7 of the Charter.

This is your thread about the same case, and if you were to ...

File both Section 7 & Section 11B at least 3 weeks before the trial. The crown might argue that the disclosure can be sent out before the new court date (s/he will try to adjourn), then you can argue 11B. 11.5 months is reason enough to stay the ticket by itself FYI. 10 months is a minimum.