Thanks to the good folks at Ticket Combat and here I finally prevailed after 2.5 years of the runaround regarding my talking on a cellphone and invalid permit sticker charges. First off, I wasn't guilty on the first count and the second was really no contest - I simply forgot about it. Anyway, 13 months for the original trial, then they ran out of time and it got pushed back to 20 months. At that point I asked for a preliminary motion to stay the charges without filing notice - common sense, right? - and the Crown and judge said I wasn't permitted to to that. Turns out that I was. Under the rules of the court - Courts of Justice Act. - you can ask for a motion without filing notice. The judge doesn't have to grant it, but they do at least need to hear it. R.R.O. 1990, REGULATION 200 RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS (7) An application or motion may be heard without notice, (a) on consent; or (b) where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice. So I cited this today first speaking with the Crown and she said that it didn't apply. I said 'It seems reasonably clear to me that it does apply. If, however, you disagree, we can let the judge make a ruling. Further I'll be asking the law society for a peer review because it seems you're unaware of some rather important points regarding procedural law." She scowled at me and told me to take a seat. And then as a last jab mad me sit there for a full two hours while the rest of the docket was cleared before I was called up and at which time withdrew both charges. So yes, even though I did file all the requisite paperwork - and I had an argument against the officer anyway - I suppose the aspect of dealing with a formal review was just too much of a pain in the ass for her and voila! So yeah, cite those rules and regulations! Stick it to the man! And may the Force be with you! :)
Thanks to the good folks at Ticket Combat and here I finally prevailed after 2.5 years of the runaround regarding my talking on a cellphone and invalid permit sticker charges. First off, I wasn't guilty on the first count and the second was really no contest - I simply forgot about it. Anyway, 13 months for the original trial, then they ran out of time and it got pushed back to 20 months. At that point I asked for a preliminary motion to stay the charges without filing notice - common sense, right? - and the Crown and judge said I wasn't permitted to to that. Turns out that I was. Under the rules of the court - Courts of Justice Act. - you can ask for a motion without filing notice. The judge doesn't have to grant it, but they do at least need to hear it.
R.R.O. 1990, REGULATION 200
RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS
(7) An application or motion may be heard without notice,
(a) on consent; or
(b) where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice.
So I cited this today first speaking with the Crown and she said that it didn't apply. I said 'It seems reasonably clear to me that it does apply. If, however, you disagree, we can let the judge make a ruling. Further I'll be asking the law society for a peer review because it seems you're unaware of some rather important points regarding procedural law." She scowled at me and told me to take a seat. And then as a last jab mad me sit there for a full two hours while the rest of the docket was cleared before I was called up and at which time withdrew both charges. So yes, even though I did file all the requisite paperwork - and I had an argument against the officer anyway - I suppose the aspect of dealing with a formal review was just too much of a pain in the ass for her and voila! So yeah, cite those rules and regulations! Stick it to the man! And may the Force be with you!
If I understood the above correctly, you don't need to go through the tedious paperwork of filing an 11b before requesting a stay of proceedings? What paperwork is needed? That isn't clear. VICTORY IS OURS!!!!!!!! :D
If I understood the above correctly, you don't need to go through the tedious paperwork of filing an 11b before requesting a stay of proceedings?
They made him wait until all others were gone. If he went first most of the others would change their plea. In this case they just drop the charge. It does help if you have a pile of pic's and you are last in line. Cheers Viper1
diehard wrote:
If I understood the above correctly, you don't need to go through the tedious paperwork of filing an 11b before requesting a stay of proceedings?
What paperwork is needed?
That isn't clear.
VICTORY IS OURS!!!!!!!!
They made him wait until all others were gone.
If he went first most of the others would change their plea.
In this case they just drop the charge.
It does help if you have a pile of pic's and you are last in line.
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
Technically speaking you don't require any paperwork, but if the judge is a jerk they'll make you file. It happened to me today in fact. Went in on an 18 month old parking ticket, and not only did they leave me to the very last even though I saw the prosecutor first, when I cited the rules of the court the judge flat out refused. I asked a reason and she wouldn't give one just saying come back with the properly filed paperwork. So since they're going to be *EDIT* about it I'm going to check with the law society about a peer review and filing a complaint against them. Those petty little revenge tactics are total bullshit on their part as all they do is cost the taxpayer more unnecessary money. So now a $15 dollar ticket ends up costing us - taxpayers - several hundred dollars because they want to be *EDIT* and don't like people challenging their authority.
diehard wrote:
If I understood the above correctly, you don't need to go through the tedious paperwork of filing an 11b before requesting a stay of proceedings?
What paperwork is needed?
That isn't clear.
VICTORY IS OURS!!!!!!!!
Technically speaking you don't require any paperwork, but if the judge is a jerk they'll make you file. It happened to me today in fact. Went in on an 18 month old parking ticket, and not only did they leave me to the very last even though I saw the prosecutor first, when I cited the rules of the court the judge flat out refused. I asked a reason and she wouldn't give one just saying come back with the properly filed paperwork. So since they're going to be *EDIT* about it I'm going to check with the law society about a peer review and filing a complaint against them. Those petty little revenge tactics are total bullshit on their part as all they do is cost the taxpayer more unnecessary money. So now a $15 dollar ticket ends up costing us - taxpayers - several hundred dollars because they want to be *EDIT* and don't like people challenging their authority.
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
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…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…
Victory is mine!
