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Admin asked me to comment on this thread (sorry I'm a little late with it).

First Attendance (FA) is not an alternative to choosing one of the options on your ticket. You must always request a trial. THEN you can negotiate a settlement at FA or before your trial.

FA is not offered in every jurisdiction and the ones that do offer it may not offer ...

Got the ruling today. The ticket was quashed.

As this was a first level OCJ ruling, it isn't binding so you don't necessarily need the case law to make the same argument. I have to check with the defendant tonight to see if she's OK with me plastering her name all over the internet.

Anyone can make the same argument in court. The argument is a ...

I took a different take on Morton's report of the case (Good job finding it Bel!). He noted that there must be some form of mental element (mens rea) to warrant imprisonment. We've seen previous cases where the justices ruled 172 was a strict liability charge open to a due diligence defence.

This case goes the other way by stating that IF the only ...

I'll second that. As long as you pay one of the amounts, that should be OK. However, under s.111 of the POA you can avoid paying the fine by entering into a recognizance (you have to get a justice to agree to it which is a separate court appearance).

3) Highlighting that I have not received a manual that states the proper use of radar gun.

don't think you will ever see that, it is a copyright document. To my understanding each crown has the manual for viewing purposes only and you can attend a look it over. You cannot deny access to or a copy of the manual on the basis of copyright, see IPC ...

It must be a regional thing. I've seen the MTO letters in the mail and I know of people who have been stopped on the road but I have never heard of an officer actually coming to your door to find you.

I'll disagree with all of the above. A speed limit sign is just that: here's the speed limit on this part of the street. The only exception is the speed reduced when lights flashing sign which sometimes is placed around schools.

Community safety zones are in effect during certain hours, days and months of the year. The by-law will state when. The ...

hwybear wrote:89% of the time is served personally by officer "X"

For a licence suspension for non-payment of a fine??? I've never heard of an officer looking you up to serve you personally. Normally it's a letter in the mail from MTO!

As you are making reference to them, you can submit them. Case law is not evidence so you don't give them a letter (e.g. defence exhibit A), you just hand them over.

If you want to be "fancy", the rule for civil/criminal procedures outline creating binders in which you put all your material under well marked tabs. You hand over 2 copies (one for ...

torontoeh, I'm entering this thread for the "discussion" and I AM NOT suggesting you take a different approach to what everyone else has recommended. They are very knowledgeable and their recommendation is the easiest path to resolving a complex issue.

Now the discussion. Pre-172 street racing and pre- Kanda , Ontario ruled that speeding was an ...

You can use either lane. But beware that if you see a green arrow indication, then separate rules apply for turning on a red. See this discussion .

HTA 141
Right turn at intersection

(2) Where a driver or operator of a vehicle intends to turn to the right into an intersecting highway, he or she shall, where the highway on which he or she is ...

Still waiting. A decision was due in August BUT the justice forgot his notes on his kitchen table. (I can't make this stuff up!!!) So the matter is adjourned till end of September.

But I've already noticed that they are starting to use the new forms so the loophole window is closing even if no one has managed to go through.

I'm not saying cyclists are saints. Basically anyone with balance can ride a "vehicle" on the roads with the little training they got from their early childhood. And I have NEVER seen a bicycle in compliance with the Act at night.

I've had more than my fair share of close calls, especially making a right turn at any downtown intersection.

better ...

Here's my big city take on it. OK the cyclist should not have gone on the sidewalk, that was wrong. But the other part which frustrated you is actually the way it's supposed to be! You have to share the road and yes he's supposed to slide up beside you. Rather than thinking, ugh I've got to pass this guy again, you should think this guy doesn't pay ...

I hope there's going to be an MVP banquet at the end of the year!

Speeding and stunting can be two separate charges. Stunting is squealing your tires, having somebody in the trunk, turning left at a green light before oncoming traffic, driving over 50km/h.

IF the only thing you did was go faster than 50km/h then it is the same charge. You have to decide whether the officer gave you a huge break or is mean enough ...

The error is minor and won't be enough to challenge the charge. You'll have to fight the ticket the old fashion way.

Demerit points stay on your record for two years but the conviction is on your driver's abstract for three. So your first conviction is still on record but the points should be gone by now.

License suspensions for demerit points are handled by MTO not the courts.

The best course of action? Request a trial, plea bargain it down or fight it. There ...

From the Star article:

Even the elite OPP officers who guard Premier Dalton McGuinty are careful to obey the speed limit

Elite OPP officers???

Just who are these pie throwing protesters, former navy seals???

He may of signed the other copies. Request disclosure including the certificate of offence to be sure.

never done the request disclosure thingy....but would just bringing in the actual received notice be good enough....here your worship, no signature on my copy? With some jurisdictions you have to hand over the ticket to request a trial so ...

Awesome! Even if the justice screws up and convicts you, the appeal will be easy. Hopefully the clerk mentioned something to him. I have to admit, I really enjoyed reading your approach. Please let us know how it turns out!!!

HTA General penalty
214. (1) Every person who contravenes this Act or any regulation is guilty of an offence and on conviction, where a penalty for the contravention is not otherwise provided for herein, is liable to a fine of not less than $60 and not more than $500. .

Note I didn't check schedule 43, likely the fine is $85.

There is no set ...

He may of signed the other copies. Request disclosure including the certificate of offence to be sure.

The notes are relevant because the officer relies upon them at some point. Imagine any trial where there is some information on a sticky note on the side of a computer. The Crown/police are aware of the note and its contents but don't tell the defendant. The officer reads the note before trial to help him prepare to testify.

The defendant doesn't ...

Ah the games they play. Yes it's true he has up to six months to lay the charge. They simply drop the original charge before it gets to trial then charge you with the new one. Double jeopardy is when they charge you twice for the same offence and that is not allowed.

Depending where you were charged (Toronto good, Peel bad) you can request a trial ...

jmarkus asked me to comment as well. You mentioned there were several errors but were they significant or just misspellings? I would definitely ask for the original notes and then take issue with the changes.

As Bear points out, they can change their notes and notes are not THAT important, it's the officer's recollection. But the change creates ...

They do get kickbacks. Thanks for posting. There is justice sometimes but always at a price.

from hwybear http://www.ontariohighwaytrafficact.com/post3995.html?highlight=truck%20weight#3995
"commercial motor vehicle" means a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire apparatus, buses and tractors used for hauling purposes on the highways

However, for ...

I guess I'll dissent. No date would be a fatal error but a wrong date would not. If he wrote down the wrong day, it could be corrected. So why couldn't no day be corrected as well? I think it could go either way but I'm leaning toward correctable.