- hwybear
- High Authority
- Posts: 2934
- Joined: Tue Apr 22, 2008 7:21 am
- Location: In YOUR rearview mirror!
Speed Can Increase At Trial - Court Of Appeal
Ontario courts can change or "amend up" a speeding ticket if the driver decides to fight it, the province's Court of Appeal ruled Thursday.
The ruling will affect cases in which police officers opt to cut speeding drivers a break by lowering their recorded speed, and consequently any fines they may have had to pay for their transgressions.
In a 3-0 ruling, the Court of Appeal found that traffic courts can change the documented speed to the speed with which offending driver was actually travelling  a procedure known as "amending up."
"Defendants have no vested right to insist on a trial only on the charge named on the certificate of offence. The prosecutor may thus exercise discretion by asking the court to 'amend up' the certificate," Justice John Laskin wrote in the ruling.
"A speeding charge may be 'amended up' only if the evidence at trial supports the amendment, the circumstances of the case warrant the amendment, the defendant is not prejudiced by the amendment and no injustice would be visited on the defendant by granting the amendment," said the ruling, which was the resolution of an appeal by the York Regional Municipality.
The case was set in motion after Robert Winlow was clocked driving at 130 km/h in a 100 km/h zone on Highway 400 in December 2006.
The officer ticketed Winlow at 115 km/h. Winlow refused to pay the fine and opted for a trial.
At the August 2007 trial, the officer testified that Winlow was driving at 130 km/h, but the justice of the peace refused the Crown's request to amend the ticket to show that. She convicted Winlow of driving 115 km/h, a decision upheld in March 2008 by Ontario Court Justice Ronald Minard. York Region had appealed that decision, and had requested Winlow be convicted for driving at 130 km/h.
The Court of Appeal dismissed the March 2008 ruling Thursday.
-
- Similar Topics
-
-
New post Emergency Court Of Appeal help excessive speed
by emmeyekayeee in General TalkLast post by Decatur Thu Dec 14, 2017 8:09 pm
-
-
-
New post Got $40 Speed ticket, can my insurance rate increase?
Last post by Radar Identified Sat Jun 18, 2011 10:54 am
-
-
-
New post Lower Court not bound by Appeal Court?
by hwybear in Stunt DrivingLast post by hwybear Tue Dec 01, 2009 10:34 am
-
-
-
New post Appeal agianst the trial
by myticket in General TalkLast post by myticket Wed Dec 02, 2009 1:24 pm
-
-
-
New post Wrong Time for Appeal Trial
by HTANoob in General TalkLast post by bend Tue Mar 29, 2016 5:39 pm
-
-
-
New post Hoping for quash: ignore and appeal, or go to trial?
by cameronpoe in General TalkLast post by admin Thu Sep 06, 2018 2:29 am
-
-
-
New post once i got my appeal date --what happens at court?
Last post by ManlyMinute Mon Feb 22, 2010 12:34 pm
-
-
-
New post Ontario Court Of Appeal
by scmedicine in General TalkLast post by highwaystar Fri Apr 03, 2015 11:15 am
-
-
-
New post How to adjorn appeal Court Date
by myticket in Courts and ProcedureLast post by myticket Fri Jan 15, 2010 3:15 pm
-
-
-
New post Court of Appeal for Ontario help needed
by gramada2 in General TalkLast post by gramada2 Mon Apr 14, 2014 6:57 pm
-
Who is online
Users browsing this forum: No registered users and 41 guests