last night i was served with a summons to appear in court for 2 charges. the problem being that i was never pulled over, ticketed or contacted by police until today and they say the offences took place in November. at this time i was also trying to sell my motorcycle and several people test drove it on the day in question. i am being charged with: parking a vehicle on a highway, and not wearing a proper helmet im confused how this can even happen without any contact to verify it was me or to check my helmet. any thoughts?
last night i was served with a summons to appear in court for 2 charges.
the problem being that i was never pulled over, ticketed or contacted by police until today and they say the offences took place in November. at this time i was also trying to sell my motorcycle and several people test drove it on the day in question. i am being charged with:
parking a vehicle on a highway, and not wearing a proper helmet
im confused how this can even happen without any contact to verify it was me or to check my helmet. any thoughts?
You're going to have to request disclosure and go from there. The only other option would be to find out who the investigating officer is and contact them directly. If you truly had nothing to do with the offences you may want to go that route. It's possible someone impersonated you if they were riding a bike registered to you.
You're going to have to request disclosure and go from there. The only other option would be to find out who the investigating officer is and contact them directly. If you truly had nothing to do with the offences you may want to go that route. It's possible someone impersonated you if they were riding a bike registered to you.
would i request disclosure at court? what would this give me? i would assume since theres no charge of failing to provide a licence that noone was pulled over for this , since if they gave their licence i wouldnt be the one being charged and if they gave my name they wouldnt have been able to give my licence.
Stanton wrote:
You're going to have to request disclosure and go from there. The only other option would be to find out who the investigating officer is and contact them directly. If you truly had nothing to do with the offences you may want to go that route. It's possible someone impersonated you if they were riding a bike registered to you.
would i request disclosure at court? what would this give me?
i would assume since theres no charge of failing to provide a licence that noone was pulled over for this , since if they gave their licence i wouldnt be the one being charged and if they gave my name they wouldnt have been able to give my licence.
Also...is it their responsibility to prove i was in fact the driver of the motorcycle, or mine to prove i wasn't. (Which im not sure how i could aside from saying it wasnt)
Also...is it their responsibility to prove i was in fact the driver of the motorcycle, or mine to prove i wasn't. (Which im not sure how i could aside from saying it wasnt)
Also...is it their responsibility to prove i was in fact the driver of the motorcycle, or mine to prove i wasn't. (Which im not sure how i could aside from saying it wasnt)
Since you have the summonses you can go ahead and send in a disclosure request now. Disclosure will include the officer's notes regarding the two charges, plus footage from the police car's dash cam if that particular police car was equipped with one. Reviewing that information will give you an idea of what led to these charges, then you can start planing your defence. This link will take you to a thread that explains how to file a disclosure request and includes a sample request form you can use: http://www.ontariohighwaytrafficact.com/topic2959.html
Since you have the summonses you can go ahead and send in a disclosure request now. Disclosure will include the officer's notes regarding the two charges, plus footage from the police car's dash cam if that particular police car was equipped with one. Reviewing that information will give you an idea of what led to these charges, then you can start planing your defence. This link will take you to a thread that explains how to file a disclosure request and includes a sample request form you can use: http://www.ontariohighwaytrafficact.com/topic2959.html
They have up to 6 months from the date of an offence to lay a charge. When did the offence supposedly take place? When you show up for the date listed on the summons, this is NOT your trial date. They basically want to know how you plan to plead (guilty or not guilty). If can just plead guilty if you want (not adviseable) but if you plead not guilty then they will set an actual trial date for you. My advice: - I would suggest that you do NOT "explain what happened" to prosecutor at this first court date. - Just advise the prosecutor nicely that you would like disclosure before you make any comments on the issue. - Also ask the prosecutor if you are being charged as the driver or the owner. - Then you can then say either: (i) "I will be pleading not guilty at this time and would like a trial date set." --> they will set a trial date for you (ii) "I would also like to review disclsoure before I plead." --> they will set another court date for you come back and then at this second court date you again can choose to plead guilty or not guilty and then they will set a trial date if you plead not guilty. The reason you want dislcosure is that this is a copy of the officers notes and any witness statements. This will tell you exactly the situation that occured and how it occured and who was involved. You can not know how to defend the charge properly until you know why they laid the charge in the first place. This is also why it is important not to say anything yet to the prosecutor until you understand how it all came about.
They have up to 6 months from the date of an offence to lay a charge. When did the offence supposedly take place?
When you show up for the date listed on the summons, this is NOT your trial date. They basically want to know how you plan to plead (guilty or not guilty). If can just plead guilty if you want (not adviseable) but if you plead not guilty then they will set an actual trial date for you.
My advice:
- I would suggest that you do NOT "explain what happened" to prosecutor at this first court date.
- Just advise the prosecutor nicely that you would like disclosure before you make any comments on the issue.
- Also ask the prosecutor if you are being charged as the driver or the owner.
- Then you can then say either:
(i) "I will be pleading not guilty at this time and would like a trial date set." --> they will set a trial date for you
(ii) "I would also like to review disclsoure before I plead." --> they will set another court date for you come back and then at this second court date you again can choose to plead guilty or not guilty and then they will set a trial date if you plead not guilty.
The reason you want dislcosure is that this is a copy of the officers notes and any witness statements. This will tell you exactly the situation that occured and how it occured and who was involved. You can not know how to defend the charge properly until you know why they laid the charge in the first place. This is also why it is important not to say anything yet to the prosecutor until you understand how it all came about.
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.
Any suggestions on how to handle this? I can't afford to spend a day at the court 
