Hello, Braved the storm to appear in court this morning for an Early Resolution appointment. Thought I would share some observations for those interested. -There were several people with the same meeting time and date -Arrived early and observed the defendants from the earlier appointment finish up as everything was held in open court room; no smaller meeting space, very limited opportunity for discussion with prosecutor -Everyone was offered a plea deal, except a few people who were charged under the hand held devise laws, prosecutor said there was nothing he could amend that to. They were offered a reduced fine however, by the prosecutor and the JP welcomed them to indicate if they needed it further reduced, and asked them why -JP took a recess just before our time, and after his departure from the bench, the prosecutor welcomed those who came in for the next appointment to line up and approach him one by one as he sat at one of the tables at the front of the bench in the court room -Prosecutor asked who defendants were as they approached, obtained whatever related paperwork he had, and offered an alternate plea, or reduced charge to each person; these were all very short exchanges, no one successfully received an alternate offer to the one initially given. There was one person, not sure what the charge was, he was the only one who was asked what happened. The man answered and the prosecutor said there was no charge he could amend to, and suggested he proceed to trial, which he did -We approached, as I was with my daughter who was charged. He asked who I was and took longer looking over the file (careless charge). Made a plea offer, was unreceptive to negotiation, or discussion to any alternative. I asked if she decided at a later time that she was interested in accepting the deal, was there a way she could get it, he told her to go to trial, and seek the deal before trial begins on the day set. Allowed us time to leave the court room and discuss options. My daughter returned to let him know she would not accept the offer, he made a note of the offer on the file and told her although no one else was obligated to offer her the same deal later, as it may not be the same prosecutor on trial date (read between the lines as he stressed he was writing it down that the same offer would likely be made) -Went back into court room and let him know she would like to go to trial, he stressed again that he noted the deal offered on the file. He told us not to hang around, he would let the JP know that a resolution was not obtained -For those entering guilty pleas to amended charges, or guilty to the original charge, the JP was very direct in a friendly manner, letting them know that he needed to know what they plead and that they understood what they were pleading to, he did not entertain any explanation no matter how bad the defendants wanted to
Hello,
Braved the storm to appear in court this morning for an Early Resolution appointment. Thought I would share some observations for those interested.
-There were several people with the same meeting time and date
-Arrived early and observed the defendants from the earlier appointment finish up as everything was held in open court room; no smaller meeting space, very limited opportunity for discussion with prosecutor
-Everyone was offered a plea deal, except a few people who were charged under the hand held devise laws, prosecutor said there was nothing he could amend that to. They were offered a reduced fine however, by the prosecutor and the JP welcomed them to indicate if they needed it further reduced, and asked them why
-JP took a recess just before our time, and after his departure from the bench, the prosecutor welcomed those who came in for the next appointment to line up and approach him one by one as he sat at one of the tables at the front of the bench in the court room
-Prosecutor asked who defendants were as they approached, obtained whatever related paperwork he had, and offered an alternate plea, or reduced charge to each person; these were all very short exchanges, no one successfully received an alternate offer to the one initially given. There was one person, not sure what the charge was, he was the only one who was asked what happened. The man answered and the prosecutor said there was no charge he could amend to, and suggested he proceed to trial, which he did
-We approached, as I was with my daughter who was charged. He asked who I was and took longer looking over the file (careless charge). Made a plea offer, was unreceptive to negotiation, or discussion to any alternative. I asked if she decided at a later time that she was interested in accepting the deal, was there a way she could get it, he told her to go to trial, and seek the deal before trial begins on the day set. Allowed us time to leave the court room and discuss options. My daughter returned to let him know she would not accept the offer, he made a note of the offer on the file and told her although no one else was obligated to offer her the same deal later, as it may not be the same prosecutor on trial date (read between the lines as he stressed he was writing it down that the same offer would likely be made)
-Went back into court room and let him know she would like to go to trial, he stressed again that he noted the deal offered on the file. He told us not to hang around, he would let the JP know that a resolution was not obtained
-For those entering guilty pleas to amended charges, or guilty to the original charge, the JP was very direct in a friendly manner, letting them know that he needed to know what they plead and that they understood what they were pleading to, he did not entertain any explanation no matter how bad the defendants wanted to
What were you offered? Now that it's going to trial, the other driver will be subpoenaed to present evidence for the crown; if they fail to appear, the charges will most likely get dropped.
What were you offered?
Now that it's going to trial, the other driver will be subpoenaed to present evidence for the crown; if they fail to appear, the charges will most likely get dropped.
Follow up: Trial date was set for end of June, and then a motion to adjourn was submitted as the other driver was unwilling to attend on the trial date. Rather than face additional delays, attended court on the morning the motion was to be heard, and plea bargained with prosecutor. Agreed on a 2 point offence, failure to turn out left... I think. Prosecutor would not lower the fine of $85 (or so, plus victim surcharge, $110) but let us know that there would be no opposition if the justice was willing to rule for it. Justice ruled in favour of a suspended sentence and no fine, and prosecutor offered no opposition. Happy that it is settled, and will handle the situation very differently if it were to ever happen again; starting with politely offering only the required identification, insurance and ownership to an officer, and nothing more. I will have no insight to provide to any questions asked.
Follow up:
Trial date was set for end of June, and then a motion to adjourn was submitted as the other driver was unwilling to attend on the trial date. Rather than face additional delays, attended court on the morning the motion was to be heard, and plea bargained with prosecutor. Agreed on a 2 point offence, failure to turn out left... I think. Prosecutor would not lower the fine of $85 (or so, plus victim surcharge, $110) but let us know that there would be no opposition if the justice was willing to rule for it. Justice ruled in favour of a suspended sentence and no fine, and prosecutor offered no opposition.
Happy that it is settled, and will handle the situation very differently if it were to ever happen again; starting with politely offering only the required identification, insurance and ownership to an officer, and nothing more. I will have no insight to provide to any questions asked.
interesting, see my thread in TO there is a private cubicle in which you can talk to the prosecutor
interesting, see my thread
in TO there is a private cubicle in which you can talk to the prosecutor
287 wrote:
Hello,
Braved the storm to appear in court this morning for an Early Resolution appointment. Thought I would share some observations for those interested.
-There were several people with the same meeting time and date
-Arrived early and observed the defendants from the earlier appointment finish up as everything was held in open court room; no smaller meeting space, very limited opportunity for discussion with prosecutor
-Everyone was offered a plea deal, except a few people who were charged under the hand held devise laws, prosecutor said there was nothing he could amend that to. They were offered a reduced fine however, by the prosecutor and the JP welcomed them to indicate if they needed it further reduced, and asked them why
-JP took a recess just before our time, and after his departure from the bench, the prosecutor welcomed those who came in for the next appointment to line up and approach him one by one as he sat at one of the tables at the front of the bench in the court room
-Prosecutor asked who defendants were as they approached, obtained whatever related paperwork he had, and offered an alternate plea, or reduced charge to each person; these were all very short exchanges, no one successfully received an alternate offer to the one initially given. There was one person, not sure what the charge was, he was the only one who was asked what happened. The man answered and the prosecutor said there was no charge he could amend to, and suggested he proceed to trial, which he did
-We approached, as I was with my daughter who was charged. He asked who I was and took longer looking over the file (careless charge). Made a plea offer, was unreceptive to negotiation, or discussion to any alternative. I asked if she decided at a later time that she was interested in accepting the deal, was there a way she could get it, he told her to go to trial, and seek the deal before trial begins on the day set. Allowed us time to leave the court room and discuss options. My daughter returned to let him know she would not accept the offer, he made a note of the offer on the file and told her although no one else was obligated to offer her the same deal later, as it may not be the same prosecutor on trial date (read between the lines as he stressed he was writing it down that the same offer would likely be made)
-Went back into court room and let him know she would like to go to trial, he stressed again that he noted the deal offered on the file. He told us not to hang around, he would let the JP know that a resolution was not obtained
-For those entering guilty pleas to amended charges, or guilty to the original charge, the JP was very direct in a friendly manner, letting them know that he needed to know what they plead and that they understood what they were pleading to, he did not entertain any explanation no matter how bad the defendants wanted to
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
So heres my case, does it have any validity? Im argueing that the officer did not have a justified view of where and if my car stopped or not, which it did.
This is the officers view of the stop sign i "disobeyed"
Another possible viewpoint, just so i can say that he cant see regardless
As you can see he cannot see the line where i must stop
As close are possible (which he wasnt) to the intersection,…
I need some help to settle a "Right of Way" argument. I know this question has probably been asked a thousand times before, but after doing a search, I was unable to find a posting on the forum, or the specific section in the OHTA relating to it.
Scenario:
Two cars approach an intersection where the east and westbound directions are controlled by stop signs, and the north and southbound…
I was pulled over for doing 123 in an 80 zone on highway 7 near Peterborough. The officer reduced it to 109 in an 80. It was HIGHLY unlikely that I was going 109, let alone 123, so for the merit of it I am taking this to court. Court case mid January.
Please could you help me to decipher the officer's notes. Are there any errors in the notes or on the ticket that you can see?
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
Was pulled over earlier today for going 95km/h in posted 60km/h, 2nd offense (same cop that pulled me over the first time >.<) ticket of $265. going down dougall toward cabana where it goes from the 80 to 60 zone (yes was over slightly coming in and kept speed)
Just wondering what the best way to handle this? (location: windsor ontario)
I am a bartender and last saturday night while I was working someone backed into my car (2000 Acura Integra) in the prking lot. One of the cooks in the kitchen ran to tell me my car alarm is going off. Immediately I ran outside to discover my driver side mirror smashed on the ground and my driver door dented. There was nobody around to claim responsibility. I had already begun to suspect one…
Scenario regarding speeding charge - if a charge is not reduced at all at roadside, i.e. the charge, for example is "speeding 75 km/h in a 60 km/h zone contrary to s. 128," should that not mean the prosecution needs to prove that you are guilty of what you are being charged with, and not, simply, of speeding generally? I understand that if they prove a charge of even 61 km/h in a 60 km/h, they…
In a nutshell, in York Region, ran a stale yellow, cop was on a 407 off ramp and tickets me for red light. 2 week old pink slip, I forgot I put the new behind the expired one so I got a ticket for that as well.
Had the first court date adjourned because I did not receive disclosure. I used the Ticketcombat template and faxed it over, they told me I never left a phone number. No surprise there, I…
Was stopped in an OPP speed trap on eastbound QEW near Hamilton at 1:30 AM last week (Apr 25th). Officer said I was doing 131 km/h based on radar gun but I thought I was around 120 km/h (I let off the gas and looked at my speedo when I saw the 2 cars on the shoulder). It was a dark stretch and it was not busy but there were a few other cars on the highway. I asked to see the reading but they said…
1) Discovery info includes 3 pages of Genesis radar manual. Officer's notes show he used "Atlantic Laser" to measure speed. Didn't show model # (only s/n). The Genesis was used earlier on in the day, but not for my case. Can I grill him on this or is it simply a clerk's error in sending me the wrong manual?
I got a ticket for an expired licence sticker. The next day I went to the Ministry office to renew my sticker. I thought that I HAD to pay any outstanding tickets BEFORE I was eligible to renew my sticker. The lady at the desk informed me that I had an outstanding balance and 407 bill that I had a to pay and I told her that I was aware of that. I thought everything was cleared.
Last week I was driving though downtown and because of the slippery / wet conditions could not stop when the light was turning yellow to red and slid in to the intersection. I was hit by another car (near the headlamp). None of us were injured, there was significat damge to the cars. The air bags did not deploy.
I was given a ticket that reads : Red Light - fail to stop - H.T.A sect 144 (18) Fine…
I was just wondering if there was any text in the HTA that suggests that when driving on a highway with three lanes going in each direction, drivers should generally always be in the rightmost lane unless they are passing.
At first, I thought 154(b) was what I was looking for, but now I'm not so sure?
"Officials in West Vancouver, Canada apparently aren't satisfied with the driver-slowing properties of traditional speed bumps. Yesterday, the town unveiled a new way to entice motorists to ease off the gas pedal in the vicinity of the ÃÂcole Pauline Johnson Elementary School: A 2-D image of a child playing, creating the illusion that…
Does anybody know how you can check the status of your Demerit Points and how many you have collected over the last two years?
I just received a ticket as I was travelling through Barrie and am debating whether or not to fight it. My decision will be based on whether or not an infraction I received a year ago came with Demerit Points.
I have a question I would like to ask concerning turning right on a red light.
I was approaching on the right turn only lane to the traffic light which turned from amber to red. As soon as the red light came on, there were advance green left turn arrow for the intersection I was for the cars that were traveling right to left and left to right of me. Since there was a lot of traffic from where I…
So I got pulled over for speeding and following too close, on HWY 11 north of Barrie. The airplane caught me! I will fight this as I have fought ALL my tickets and won EVERY ONE of them (one per year... man I need to drive slower). So any thoughts out there on how to fight this one? Does the Crown have to bring the 2 officers in the plane, plus the one in the cruises to court? If 1 in 3 doesn't…
I am new to this forum and before making this post I did some digging and was unable to find anything on this method of officer note taking.
A little back ground of my case:
charged with 25km/h over the posted limit.
After numerous disclosure requests, finally received a detailed disclosure including several pages of the lidar manual and typed officer notes describing the events of my…
My wife was just pulled over for running a yellow light and instead was ticketed for an expired drivers licence. The license expired on her birthdate 4 months ago and she didn;t recieve a renewal. $325 !!!!!!
Hope someone can help. She was ticketed under HTA 32 (1) with the offense shown as
"Drive Motor Vehicle no license"
Can anyone tell me if this is worth the effort to get a reduction in the…
So I got pulled over for supposedly for running a stop sign. The problem is that I did a complete stop, waited a split second and started again. And yes I did stop behind the white line.
He took my information and went back to his car to write me up a ticket, came back and gave me my fine and explained to me the process. He gave me a reduced fine (65$ and ne points).
Someone has an accident in a car worth very little on highway 401 but the car is not drivable (but not in terrible shape), there is a police report filed right away in which no other cars were involved, however the car did strike a guardrail. Is it possible to handle this without involving insurance? Or is a forgone conclusion insurance will be notified by the police?
I made a minor mistake on my disclosure request - I put a "Request Date" of September 10, 2014 instead of 2015. The rest of the form is correct including offense date, fax date, trial date.
Will this affect my disclosure? Do I need to clear it up?
Also, I noticed the Ticket Combat disclosure form has a lot more information than what was posted in on this site. Is it OK to send a second…
