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This sounds more like a civil matter, in which case, the whole duress thing wouldn't be an issue if OP could get Defendant to admit to his guilt and not even bother mentioning the "signed agreement". I guess it comes down to whether or not Defendant will be hiring a lawyer, or trying to represent himself.

OP, the signed statement is worthless, but ...

I'd speak to the prosecutor and see what they offer.

Personally, I feel you received a ticket you deserved. I'm glad that the Police are finally beginning to crack down on what is becoming a major issue in the city of Toronto: cyclists who either don't know, or completely disregard the rules of the road. Using public roads is a privilege and ...

You should file for disclosure immediately, and show due diligence. On the day of your trial, speak to the prosecutor prior and explain that you were only notified of your trial after personally checking in with the court, as no mailed notice was received, and therefore there was no adequate time frame for them to provide disclosure. In a situation ...

Have you already had your adjourned court date?

If there is no visible damage, you did the right thing by leaving a note. After all, there's a reason why bumpers were put into cars. I wouldn't stress out about it too much. If they're reasonable people, you won't be getting a phone call about $5000 repairs.

Request disclosure. You can always go to a preliminary meeting with the Prosecutor and see what he offers. There could also be procedural errors [ ticket error, non-disclosure, unreasonable delay - 11(b) ] that can work in your favour. I'd fax in a Disclosure Request in as soon as you get your court date though.

If you want to try and fight it, hire a good paralegal or lawyer. It's going to be a hard case based on what you've written. If you're uncomfortable about driving in certain situations, to the point where you are putting yourself, your passengers, and others on the road in danger, it might be a good idea to take some additional driving courses or ...

Surely your all charges will be diminished if you bring your lawyer with you to explain the police your side. It is not a doubt that the police always try to ask various questions regarding not to follow the traffic rule but if you have followed the rule then you can explain them and claim for your compensation regarding the case. There are two ...

If a conviction has already been registered, that is, if a trial was held and by the fact that your wife did not show up a verdict of guilty was registered, you will have to appeal the conviction on the grounds that you were not notified. If more than 8-10 months has passed since your wife sent in her Notice of Intention to Appear, you are very ...

Thanks Stanton, I was just about to post this.

I'm happy that the distinction has been made, as in some personal cases I have passed my cellphone to my passenger to answer.

dstate,

My opinion is that unlike Drinking and Driving charges, which the 4 cases in the article cover, Part II summary offences like the one you're charged with can be argued to be simpler in nature. These simpler charges wouldn't require the inherent time needs of hiring a lawyer and the process for obtaining disclosure should be shorter.

In ...

Downahill, I'm very aware of the large variation of driving etiquette out on the roads. Using the argument that "everyone else is doing it" is not an effective strategy in the eyes of the law.

Speeding in urban areas is a dangerous gamble. Especially during warm weather at dusk when kids/pedestrians can crop out of seemingly nowhere to jaywalk, or ...

It's pretty simple downahill. If the sign reads 50, you have to be going 50. It's up to the Officer to decide whether he's going to be pulling you over, or continuing on to more important matters. But most definitely, 20 over is NOT "fine".

I drive the speed limit in urban areas [especially, as there's a lot of potential risks involved in speeding ...

Non-disclosure can occur for many reasons, all of which are outside of your control. If you've made two requests by fax and can supply evidence via confirmation printouts, you have all the evidence you'd need to ask for an adjournment. The onus is on the Crown now. I'd wait until the trial date, and when it comes time to speak to the Prosecutor ...

Congratulations! It's a great feeling.

For those who will be reading this in the coming months, disclosure is a fundamental part of the judicial process. It is a right guaranteed by the Charter, and heavily supported by countless case law. You should never give in to pressure in a situation such as this [where disclosure requests were made well in ...

Both of those words are not present in the definitions section of the HTA.

A "Ticket" is referred to as an "Offence Notice" [it says so on the ticket itself] and traffic will most likely follow meaning based on current popular Dictionary [Miriam Webster etc.]. And it will be most likely be agreed that the word traffic is to be used in its noun ...

In searching around on CanLii I found some of the issues in this case [possibly] arising in this one: http://canlii.ca/t/flm3k

I think it'd be a good beginning, you should read through the case law from that case [especially anything relating to S. 9/10(a)] as it sounds that you were arbitrarily detained without a stated purpose and then wrongly ...

Radar, you are correct, the Officer [especially given the 15-20 minute investigative questioning] was required to inform Jeff of the reason for his detention. That's a basic privilege as protected under Section 10 of the Charter. As for appeals, well, I'd have to spend some time digging through case law. Logically, it would make sense for the ...

He was within his rights to start asking questions about your exchange with the prostitute as well.

I believe this is misinformation. There was no crime, and although the PO could ask whatever he wanted, he didn't have to receive an answer. When you're pulled over by the Police, your only obligation is to cooperate in providing your Driver's ...

I'd suggest giving Redline Legal Services a call. They have the best reputation in the GTA as far as my research went. Make sure to Google any paralegal service prior to entering into a contract, to see what is said in discussion forums etc. You'll want to find someone who is thorough, and who is actually interested in pursuing things for the long ...

11b motion delay calculations, if I'm not mistaken, are being made based on the R. v. Andrade case. http://canlii.ca/t/fn8jv

I too wonder how the new Option will change the clock calculations.

As Boris said, you'd be asking the JP for a remedy due to late disclosure, which would most likely be an adjournment [for which you'd then put the Prosecutor at fault for in terms of delay]. I also am not sure if you can ask for a stay specifically based on Charter issues without first notifying the Attorney General of Ontario, and Canada. R. v ...

Don't forget to update us on how things went!

After a date has been set for adjournment, before things wrap up.

That's perfect. Tomorrow, when you go to court, approach the Prosecutor before court and introduce yourself so they can find your charges in their file. Ask them politely if they have your disclosure. If they don't, you will go to the court room and wait to be called up.

Three Scenarios:

1. No disclosure provided prior to trial. You get called ...

Yes, as of the most recent appeal in the case of R. v. Vellone ( http://canlii.ca/t/fpbgf ), verbal questions of Charter issues cannot be raised at trial without first notifying at least the Attorney General of Ontario. More arguments and decisions are yet to come, but as of now, you can't do it.

How many times have you requested disclosure? How ...

Hi There.

First off, a speeding charge is separate from the red light camera charge. Police have 6 months to charge you with that, but it's a separate charge in itself.

Secondly, the Justice of Peace doesn't reduce the fine, at least not in the way you think. That's a discussion that occurs between you and the Prosecutor when you offer to plea ...

You are fantasizing. He was driving in the opposite direction. This kind of operation is physically imposible, when a relative speed is over 100km/h.


We sent people to the moon more than 40 years ago using analog technology. And you think it's impossible to capture an oncoming car's speed using radar inside a moving vehicle in 2012? As ...

No, the "judge" [Justice of Peace in POA court] cannot drop charges. Only the Prosecutor can withdraw a charge. A Justice of Peace can stay a charge given trial commencement and arguments made towards why a stay of charges would be the best remedy. It's not an easy feat.

250TB for one division? If it's for the entire force, then it's not much. I imagine in the future, each division would have its own storage room, with data going out on shuttles when needed.

And you backed up my point OPS with the outrage caused by deleted evidence [I'm guessing software would be made that needed human verification prior to ...