Search found 23 matches

by Gweedz
Wed Apr 07, 2010 10:57 am
Forum: General Talk
Topic: Failure To display two Plates
Replies: 16
Views: 8640

What if someone is just visiting from Montreal for a day trip? Do they still need to have a front plate?
by Gweedz
Wed Apr 07, 2010 10:34 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Rec'd Disclosure - Do I have a Case? Looking for advice.
Replies: 21
Views: 5100

Just to close this thread in case anyone is following it.
I went to court and pleaded guilty to a lesser fine.
I spoke with the officer afterwards and brought up the issue with the laser retest time. This is what he said:

He said the entry before the test was 17:22, and the entry after the test was 18:00, so even though the test itself doesn't show a time, it happened between 17:22 and 18:00. Which all the courts care about is that it happened.

This makes sense and now I'm glad I didn't go through with the trial.
by Gweedz
Wed Apr 07, 2010 10:32 am
Forum: General Talk
Topic: My experience in court.
Replies: 1
Views: 1831

My experience in court.

This is what happened to me yesterday. I think it's very typical but I'm writing this for people who have never been and may have questions on how things work (like I did a couple days ago). I was charged with speeding, 29-over. I got there about 1/2 hour early, which was lucky because it took me 15 minutes to find parking. I went to the courtroom, looked inside and it was empty. There's a sheet posted on the wall next to the door and it had my name on it, along with about 10 other names. It showed the same police officer # next to all the names. I sat on the bench next to the door. About 5 mi...
by Gweedz
Wed Apr 07, 2010 9:32 am
Forum: General Talk
Topic: The system works - it beat me down until I gave up.
Replies: 14
Views: 3094

Finally Over

I spoke with the prosecutor 10 minutes before the trial. Standing next to us was this tall bald officer, who I think was the one that stopped me (not 100% sure). I don't remember him being that tall when he stopped me, which was pretty intimidating. Prosecutor asked what I'd like to do and I said I'd like to get this over with ASAP. She laughed and proposed 15-over (just like Bookm predicted). Before replying I asked the officer if he was Mr. xxx (who stopped me), and he said yes. I turned to the prosecutor and said I'll take her deal. She laughed again and said he's not really as mean as he l...
by Gweedz
Tue Apr 06, 2010 10:01 am
Forum: General Talk
Topic: The system works - it beat me down until I gave up.
Replies: 14
Views: 3094

The paralegal didn't seem too interested. He seemed preoccupied with other stuff he was doing. But it was a "free" consultation after all. Good point about the manual... I just went through it and it mentions "daily test to be performed before enforcement operations". I read this as being required only 1 per day, which is what the officer did. But this still goes against the case law that says it should be done twice daily. I may bring it up but if the prosecutor says it's only required once a day I won't push it. In my experience, you don't get much of a deal from the Pros...
by Gweedz
Mon Apr 05, 2010 11:51 am
Forum: General Talk
Topic: The system works - it beat me down until I gave up.
Replies: 14
Views: 3094

I don't buy that. I believe that the paralegal may have indeed said that, but I don't agree with his take at all. Here's why: R. v. Schlesinger, 2007 I read that case and thought it was a slam dunk, until I spoke with the paralegal. Which is one reason why I'm confused going into this and considering a plea bargain. They are two different things but they have the same result. Either way, you simply talk to the Prosecutor and tell them you want to resolve the issue to avoid a trial and make everyone's life easier. At that point, the Prosecutor may present some options, or ask you what you are ...
by Gweedz
Thu Apr 01, 2010 3:17 pm
Forum: General Talk
Topic: Simple questions on record keeping of offences.
Replies: 0
Views: 1036

Simple questions on record keeping of offences.

Some simple questions... Let's say a traffic conviction stays on an insurance company's records for 3 years... when does the 3 year time start? At date of offence, or date of conviction (which can be many months after date of offence)? If you are found not guilty at your trial, is there still a record of it somewhere or does it disappear forever? Basically wondering if a police officer can still see it on his in-car computer. And what's the difference between a police officer and a police constable? If they're the same thing do they have a preference on how to be addressed? Bonus Question: Dur...
by Gweedz
Thu Apr 01, 2010 3:02 pm
Forum: General Talk
Topic: The system works - it beat me down until I gave up.
Replies: 14
Views: 3094

hwybear wrote:Just an FYI, the speed can only go up to the number given as evidence from the officer in a trial.
Thanks, but that doesn't provide any comfort if he's allowed to go by memory (since nothing is mentioned in his disclosure notes). If his memory is not that clear he can basically bring it up to any number he "remembers". And I could be screwed even worse than the worse case scenario.
by Gweedz
Thu Apr 01, 2010 2:59 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Rec'd Disclosure - Do I have a Case? Looking for advice.
Replies: 21
Views: 5100

Sorry for not being clear - the officer was using a tripod at the side of the road and flagged me down. He said I was clocked at 94, but reduced it to 89. Anyway, I've pretty much decided to end the pain and try to plea bargain for a lesser fine. As I've been told here it's not worth the risk to have it increased back to 94. I got too much going on in my life to worry about this now considering it's more of a longshot than I had thought. In the end I did learn a lot about the traffic court process so it's not a total waste. I learned that if you're going to to 1 over, you may as well do 29 ove...
by Gweedz
Thu Apr 01, 2010 1:50 pm
Forum: General Talk
Topic: The system works - it beat me down until I gave up.
Replies: 14
Views: 3094

Hold on, did you hire a traffic ticket fighting company? No, when I left the court offices, 50 feet away was this "we fight traffic tickets" place. So I went in for the free consultation. Only to leave more confused as what they said was different from what I was told literally 2 minutes ago. This was the Tannery building in Newmarket. But he did answer my question about the officer's notes not showing a time for the lidar retest. He said that since it's laser, and not radar, then it only needs to be tested once a day, which it was. There is no need for a retest at the end of the da...
by Gweedz
Thu Apr 01, 2010 10:35 am
Forum: General Talk
Topic: The system works - it beat me down until I gave up.
Replies: 14
Views: 3094

The system works - it beat me down until I gave up.

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. I still have no idea what they can and cannot bring up in court and what my options are to challenge it. I had every intention to stand up for my rights and fight this, but I didn't expect to go in there blind, so I'...
by Gweedz
Wed Mar 31, 2010 4:50 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Rec'd Disclosure - Do I have a Case? Looking for advice.
Replies: 21
Views: 5100

But memory is the entire point...notes alone are useless, the officer MUST testify from memory as does the defendant. I have soley used my notes for testifying. Here is how/why. We are asked if we have an independent recollection. As soon as practicable after the stop I made an independent (my own) recollection (remembered what happened) of the events and wrote them down in my notebook. My testimony is therefore from my independent recollection. What if your notes are missing a piece of info (such as the actual clocked speed vs reduced speed that's shown on the ticket). Does this mean you hav...
by Gweedz
Wed Mar 31, 2010 11:42 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Rec'd Disclosure - Do I have a Case? Looking for advice.
Replies: 21
Views: 5100

One more question... if they bring up the 94km/h issue, would they give me the chance to plea bargain at that time, or once they bring it up there's no return and I have to fight it through all or nothing?

I remember reading a case law where the defendant said if he had known they would have brought up the higher speed he would have pleaded differently and handled the case differently because of the new charge. Unfortunately I don't remember the verdict.
by Gweedz
Wed Mar 31, 2010 10:36 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: What if I don't show up for court... baby due within days?
Replies: 8
Views: 2048

I think this is what I'll do. I'll walk in tomorrow morning to meet the Justice?Prosecutor (what's the difference?). I'll mention there is no valid time shown in the officer's notes for a retest of the laser gun during that day. If this is enough to squash the ticket, great. If not I'll ask for an adjournment because of my wife's pregnancy and I really don't think I'll be able to make the date. If he doesn't give it to me at least I can use this as a defense to reopen the case if I have to miss it. If he gives it to me I don't think it matters that the delay is charged to me... at least it'll ...
by Gweedz
Wed Mar 31, 2010 10:29 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Rec'd Disclosure - Do I have a Case? Looking for advice.
Replies: 21
Views: 5100

Crown did not disclose the correct manual = adjournment + delay charged to the Crown... If you act on it. Did you send another note asking them for the correct manual? Also, how long has it been since you were ticketed? Ticketed In Oct, 2009. I sent them first disclosure request Feb 18. Second one on March 9. They sent me info on March 18. I just realized a couple days ago about the wrong manual they sent (he was using the radar shown in the manual earlier in the day, but changed to a different one when I was stopped). I haven't mentioned anything to them about the manual. If the officer does...

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