Wondering if anyone can give me a hand on this one. Got a Red light ticket back Oct 9, 16. Went to first resolution didn't like the offer so asked for trail. Got Disclosure very quick as well as trail date (Feb 13, 16). The hiccup comes in today when I received a letter for a Notice of Motion, the prosecutor wants to change trail location and date due to the trail being set at the wrong court house "Should have been set in St. Catharines not Niagara falls" then citing officers availability. I imagine this is not very uncommon but the court will hear this motion on January 30 (11 days from getting the letter) and only 2 weeks before the trail. I have booked my time off for the original trail already, is there some argument I can make if I go to court on the 30th about timing issues/unfairness (I live over 70km away). As well if I wish to send a notice of motion do I not need to do this 15 days in advance of the motion? any insight would be appreciated.
Wondering if anyone can give me a hand on this one.
Got a Red light ticket back Oct 9, 16. Went to first resolution didn't like the offer so asked for trail. Got Disclosure very quick as well as trail date (Feb 13, 16). The hiccup comes in today when I received a letter for a Notice of Motion, the prosecutor wants to change trail location and date due to the trail being set at the wrong court house "Should have been set in St. Catharines not Niagara falls" then citing officers availability. I imagine this is not very uncommon but the court will hear this motion on January 30 (11 days from getting the letter) and only 2 weeks before the trail. I have booked my time off for the original trail already, is there some argument I can make if I go to court on the 30th about timing issues/unfairness (I live over 70km away). As well if I wish to send a notice of motion do I not need to do this 15 days in advance of the motion?
Only Charter arguments need 15 days. Regular motions only need about 3 days notice. If you do not show up for motion date on January 30 then they will just move it. If you do show up for the motion date, then you can argue that you do not want them to move it and why. The JP gets final decision on whether to move it or not.
Only Charter arguments need 15 days. Regular motions only need about 3 days notice.
If you do not show up for motion date on January 30 then they will just move it.
If you do show up for the motion date, then you can argue that you do not want them to move it and why. The JP gets final decision on whether to move it or not.
Do you think it is worth it to send someone to the motion and object given it was not an error not attributable to me and I have already booked off the day for my current trail date? or will this go no where? I have meetings I can not miss to attend this motion due to short notice, and I would assume showing up undercuts my argument that my schedule is not as flexible anyway. Just wondering if its even worth it, would I have to show why this is prejudice against me or is the fact that the motion is only 2 weeks from my trail and I have gone through the work to get the day off already enough? Thanks alot for the input.
Do you think it is worth it to send someone to the motion and object given it was not an error not attributable to me and I have already booked off the day for my current trail date? or will this go no where? I have meetings I can not miss to attend this motion due to short notice, and I would assume showing up undercuts my argument that my schedule is not as flexible anyway. Just wondering if its even worth it, would I have to show why this is prejudice against me or is the fact that the motion is only 2 weeks from my trail and I have gone through the work to get the day off already enough?
So I had done research and found that with the Provincial Offences act and the way it prescribes how to count days, that the court did not indeed give me the 3 days notice but 2 instead. In saying this I have an important meeting tomorrow morning I can't miss and will not be able to make it and given the hearing is 9:00a.m. on a Monday I could not find anyone else to go. Is there any type of "appeal" process, if not how does this stop a prosecutor from filing and then handing out late notice, or no notice and if you are a no show the motion is carried? It seemed if I could get the motion denied I would be home free as the reason to move the motion was the cop could not show that day. Thanks again for the time everyone.
So I had done research and found that with the Provincial Offences act and the way it prescribes how to count days, that the court did not indeed give me the 3 days notice but 2 instead. In saying this I have an important meeting tomorrow morning I can't miss and will not be able to make it and given the hearing is 9:00a.m. on a Monday I could not find anyone else to go.
Is there any type of "appeal" process, if not how does this stop a prosecutor from filing and then handing out late notice, or no notice and if you are a no show the motion is carried?
It seemed if I could get the motion denied I would be home free as the reason to move the motion was the cop could not show that day.
Fax a letter to both the Clerk of the Court office and to the Prosecutors office. Say you were not given enough notice. Tell them why you can not attend. Tell them that you can only attend on the date previously set for the trial, and say they can bring the motion then if they want but you will still object to it.
Fax a letter to both the Clerk of the Court office and to the Prosecutors office.
Say you were not given enough notice. Tell them why you can not attend. Tell them that you can only attend on the date previously set for the trial, and say they can bring the motion then if they want but you will still object to it.
I got my first ticket(s) in 15 years, for a rolling stop of the Gardiner West ramp at Yonge, by a whole bunch of cruisers under the bridge pegging off people 1 by 1. I didn't have my wallet, so 1 ticket no licence surrendered, 1 ticket fail to stop.
1)Should I use a professional rep in court? or
2) My natural thought would be to pay the no licence ticket, and reschedule the court date later for…
Yesterday, I made the stupidest mistake of my entire life. I was on the way back to my apartment after studying at school. It was around 8:30 pm. What happened is that I tried to follow the curve of the road, which is very icy because the city truck does not usually pour salt on the road ( there was a snow storm in the early morning that day), I was going 55-60 km/hr. The speed limit was 50km/h.…
When one gets a ticket and at the time of the ticket, the COP had video taped the interaction, can the COP delete the video legally even though it holds evidentuary value should it go to trial ?
The officer observed him driving by from about 20 meters away. Given that the officer allegedly didn't see the seatbelt. Is this evidence ? My point would be that evidence requires you to actually see something, not seeing something is not evidence ?
alright well last night (march 19th) at 12:55 am i had recieved 2 tickets the first was failing to stop at a stop sign (i did a rolling stop) and it was dated the 19th the second ticket that i got at the exact same time was dated the 18th. The second one was because i had a blood alcohol level of 0.0025 instead of zero (i have a g2)
I'm considering buying a strap-on motor for a bicycle for this summer, such as the one at www.motorizedbicycle.ca/bicyâ¦ant-head-bike-motor-kit.html . However, I haven't been able to find any clear answers about what part of the law, if any, they fall under. The kit in question has a motor with a displacement of more than 50 cubic centimeters, which seems to mean it doesn't fall under the HTA's…
I was turning left from Creditview into the left lane of Argentia Road (in Missisauga), while a police cruiser driving the opposite direction turning right into the right lane of Argentia Road. As I saw the cruiser turning right into the right lane of Argentia Road, I also turned left into the left lane of Argentia Road. The officer stopped me and told me that I was wrong, I had to wait until…
Bac above zero, g2 driver, 24 hour suspension. Had half a beer and drove 1 hr later. Failed breathalizer. I am in police foundations college course, did i ruin my future career? First offence, otherwise clean.
So here is my situation, I was accused of speeding 127 km/h in a 100 km/h zone.
My ticket says contrary to "Highway Traffict Act #128". Set fine calculated by the officer is $101.25 ( $3.75/km). Plus $30 for court charges and Victim charges to a total of $131.25.
However, according to section 128 i should be paying 27 x $4.5/km = $121.50 + Plus $30 for court charges and Victim charges to a total of…
So I was driving this morning to work at a new location in Toronto. I made a left turn into a street and a police officer was there waiting. He informed me you cannot make left turns between 7-9am. I told him I did not see or notice any sign. I have a clean driving record and never got a ticket before. Nonetheless, he hit me with a disobey sign ticket ( 182.2). I went back to the…
I was served with a Fail to Surrender Insurance Card (S3(1) of Compulsory Auto Insurance Act). He received it within the jurisdiction of Barrie POA. The trial is scheduled for November 14 2017.
I was stopped by Barrie OPP on my way back from a weekend up in Midland ON on June 28, 2017 and I originally had a digital copy of my insurance card but the officer wouldn't have it. He required a…
i recently got pulled over by an opp in and undercover car for going 118 in an 80.
I am planning on fighting it because i cant really afford the $283 ticket or the 4 demerit points because i have already gotten a speeding ticket in the states which got me 3 demerit points.
so here is my story, i was following a van that was going to slow for my liking so i…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
Hi Gang. I'm back, but I'm asking for a friend this time.
A friend received a ticket the other day for driving 87 km/h in a 70 km/h zone. The problem is it's a posted 80 zone (I've verified this fact with him). Is an incorrectly identified speed limit a fatal error? There isn't a police officer in the province who would stop a driver who's only 7 km/h over the limit, so if the officer had realized…
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I have several problems and I'm wondering what my options are. This past weekend I was driving home from Lake Huron and was caught going 112 in an 80km/h zone. I am currently on my Quebec probationary license which is revoked at 4 demerit points. The penalty in Quebec for going +32 km/h over is 3 demerits, but even then it's cutting things close. The Ontario penalty is 4 demerits, will I receive…
I was pulled over for not having the front plate on the bumper, the plate was VERY clearly visible on the dash from the front. The only reason the officer pulled me over because the car is flashy and stands out. I was not speeding or doing anyting wrong. He insisted that it has to be on the bumper, I asked him to show me that in the HTA and he said that he could not as its common sense that it…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I'll tell the story of the accident quickly.. I was coming back from work near the airport around 6pm, when I got near Dufferin and Steeles. I approached a red light and my brakes completely stopped working, I pressed on it and it went all the way down loosely, I tried to go into the island separating the streets but ended up crashing into 3 cars waiting at the light. Nobody was seriously hurt…
