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I think it's fair to say the case law argument, especially being non-binding, is pretty weak. I figure our main defence will be cross-examining the officer and pointing to reasonable doubt, assuming his testimony gives us the opportunity.

I checked out the street she was stopped on and it's actually very well lit by street lights -- do you think ...

Thanks, everyone, for your help and input on this!

The time on the ticket is 10:30 pm. Unfortunately for us, very definitely after sunset. Does the Crown need to have *some* supporting evidence or testimony to establish when sunset was or can the court rightly, in all honestly, assume the offence was after? Either way, Jshek, you make a good point ...

Well, things are moving along, slowly but surely!

I've been e-mailing the prosecutor and he agreed not to object to my representing my friend. I also got disclosure which is really only the officer's notes. I'll post what the officer's notes say below:

driving north-bound on Steward
observed bicycle, no
lights. Turned around
finally cyclist ...

Tough call. Personally, I'd call the prosecutor and let them know but I'd probably not give my name, address or anything else so they could correct it. I'm really curious what would happen if you didn't let them know and the other driver was left to deal with it.

Ah, okay! Then I'll drop my offence notice argument. My thought was that it might represent a small inconsistency and possibly call the reliability of the officer's notes into question but it the justice won't give it any weight, I'll forget it. Curiously, as far as representing my friend goes, do you think I should file a Notice of Motion asking ...

I'd consider yourself lucky! I had a similar thing happen to me over insurance. I was pulled over going through a yellow light -- the officer eventually agreed it would've been unsafe to stop but , on checking my licence and everything, found I had an outdated insurance slip. I had and have new insurance but forgot to put this new slip in my car ...

Thanks! I've filed the Notice of Intention to Appear and requested disclosure so we'll see what that brings! And the provincial offences office is talking to me about the case via e-mail so I'll take that as a minor victory on the non-lawyer agent, acting-for-my-friend front -- hopefully they'll agree to it in court, too. This could change with ...

Wow, apologies for triple posting but I was able to find it.

I'm sorry to burden this thread with so many questions but here's one more! I don't see any mention of the $85 set fine in the Act -- or mention any penalty whatsoever. I've tried to find a reference for the fine and I've come up short. Any idea where the Act might cite the penalties for this offence?

You're a life saver! That'll help a lot. We'll see how much weight the justice gives it...

Will this relative be with you to speak to the circumstances at all? That might help.

Thanks! That'll definitely help present the case law. I saw your sworn declaration, too -- I hope to skip the affidavit and do the same! Curiously, though, is there any reference allowing them in lieu of affidavits in the first place? I'll certainly file mine but I'd love to have something in writing in case the court gives me a hard time...

Great! If not, I'll see what I can do to track it down, somehow. I've self-represented a couple times but I've never referenced case law: would it quote this making defence submissions or would I need a copy of the case or decision to share with the Justice and prosecutor?

Also I've been e-mailing the court about filing Notices of Motion without ...

I haven't been able to find it in Canlii. I'm still looking elsewhere but it's being hard to track down and I don't know what to make of that. I saw the case mentioned in a few online articles but the quotes came from this article , which is ironically enough essentially a petition to the government to correct the law so sidewalks are considered ...

I was thinking the same about the "lateral property lines" reference as well, honestly, but I stumbled on some possible case law. I'm not sure it would apply because it was regarding a different offence but in R. v. Green [2004] the court found:
23 Clearly the word "sidewalk" is not included in the definition of highway and one would have expected ...

Hi! I'm helping a friend defend a H.T.A. charge of riding her bike without a light. Here's the actual law:

Lamps on all vehicles, except motor vehicles, etc.
(26) Subject to subsection (28), every vehicle, other than a motor vehicle, motor-assisted bicycle, bicycle (except a unicycle) or a vehicle referred to in subsection (24), (25) or (27 ...

Hi. I've posted to this forum a few times and always received great help -- thanks to everyone! No ticket this time :P but I'm hoping to ask a more general question about levels of suspicion. I've tried to do a little research and found some information on reasonable grounds but I can't seem to find a definitive resource explaining the different ...

hey there, what does a suspended sentence mean with regards to speeding ?

"A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation."

So your on probation, so if you commit another offence what happens ...

I'm sorry to double post but I'm also surprised the justice didn't ask for submissions as to penalty, he judged and sentenced in one fell swoop.

Very interesting! Congrats on winning on appeal. I've been looking for transcripts as a resource, especially when it comes to speeding charges. I've defended myself in Brockville, too -- against the same prosecutor. I can't say I won :P I got a suspended sentence so it could've been worse. Curious about what you thought of the prosecutor at trial ...

I am mostly opposed to giving in and paying tickets, but then again this one is only $6 !!!

Haha, I know. I feel a little petty trying to dispute it but, hey, it's my day off. :P

I've been e-mailing the Toronto Parking Authority and they've pretty much said the same. It's not the $6 that gets under my skin, it's the lack of appeal or dispute ...

Thanks for getting back to me, guys. I saw that post on redflagdeals, too. My only concern is that the Toronto Parking Authority is city-owned. If it was a private parking company, I'd have no hesitation ignoring it. :P I don't think it's a big deal if I don't pay, honestly, but I don't like this using up my "grace" parking infraction before they ...

I had the misfortune of finding a "courtesy charge" notice on my windshield tonight. I have a defence -- even if I didn't, I still believe in making the city work to prove their case and penalize me -- but I'm not sure how to proceed. While the Toronto Parking Authority appears to be a city-owned and operated corporation, I don't see any way to ...

I've been combing through the Highway Traffic Act. Naturally, the path of least resistance is carrying and presenting insurance and registration. However, looking over the Act, I can only find one clause requiring commercial drivers to carry proof of insurance and I can find no mention of registration or proof of ownership. What requires drives to ...

The officer didn't say except to mention the witness and complaint but yeah it's s. 140. Reading it it seems like the absense of oncoming traffic might work as a defence but I really don't want to provoke something more serious.

I was hitting the highway a couple days ago late at night and -- admittedly -- got close to the centre line more than once. A car started following me and apparently phoned in a complaint. Sure enough, the OPP swung by, pulled me over, talked about a "reckless" or "careless driving" charge but gave me driving left of centre. Now, there was no ...

Hi. I'm looking at defending a failure to yield the right-of-way charge. On the ticket, the officer ticked the "witness" box to indicate - I guess - he got a witness statement, contact information or... something. Well, post-discovery, there's nothing about a witness. Is this a defence angle in that evidence the officer claimed to have the justify ...