And as for disclosure. Just because you ask for it, doesn't mean that you will get it from the prosecutor. If you believe that the item exists and the prosecutor will not provide it, you have to convince the JP that it's needed. Yeah, actually they do have to provide it. That was established by the...

When is your trial date? Basically if they provide you with all the disclosure you asked for by about two weeks before the trial, then they have met their obligation. Ontario case law has stated that the remedy for not providing disclosure is to schedule new trial and tell the prosecution to provid...

I filed an 11B once a decade back and won so it's been a while. Long story short I was charged with careless driving even though there was no accident. I got into bit of a tiff with an off duty cop and he thought it'd be find to engage in a little malicious prosecution by having his pal ticket me fo...

Technically it sounds like your odds are pretty good for winning. Always remember, the onus is on the state to prove its claim, not you to disprove it. That's the biggest mistake people make in court. However, that means putting a lot of time and effort into unless you can hire a lawyer - I'd skip p...

It was 6 months for the ticket to come to trial. Now seeing the Andrande case where the court ruled that 8-10 months was reasonable for Toronto then it follows it should be considerably less for a smaller venue. Northumbland County is about 1/100th the size of Toronto so a trial date should be that ...

Say you introduce the motion and the judge rejects it? Can you ask for an adjournment at that time for an appeal to have another judge rule on the motion as a point of law?

an adjournment? When I asked the judge she said it has to be at least 3 days prior to the court date. That seems like awful short notice but she is the judge. Does anyone know different for a fact?

So I spoke to the OPP and they'll happily hand that information to the Crown but they won't me. I explained that this is exculpatory evidence. Doesn't matter. Typical. Where is the effing justice in any of this?

I'm guessing you probably wouldn't be getting them if it wasn't copacetic.

Oh it's relevant alright. There was a lot of traffic on the highway that day. He could have easily confused another car for mine. In fact, in most of my research on this that's how most of these tickets are beaten. The devil is in the details. And I don't see why it would be such a problem obtaining...

By that I mean, I was popped for speeding - Air Patrol - last August outside of Cobourg. They were obviously dragnetting as they were pulling over several cars one after the other - there was one stopped just up the road from me and another cop was going after another as I was pulling over. In fact,...

You won't go to jail, but you can forget driving for the next 5 years - and that's more due to what your insurance would cost you rather than what a judge will impose. Never forget that a ticket isn't just the cost of the ticket, it affects your insurance too. Even a simple speeding ticket will incr...

Given that his injuries were self-inflicted due to contributory negligence it's unlikely he'd be successful in his lawsuit. Also, as for the cop making a minor forced error on the ticket that probably won't wash either. About the only time that works is when they screw up the license plate because t...

Hopeless? That's odd. In 20 years of fighting tickets I have yet to lose a trial. Yes, the cops and the crown are ganging up on you because court is an adversarial process. They're not there to be your friends and share some sympathy tea over how much stress this causes you. And while the Judge has ...

I live in Scarberia and we have nothing but space around. One night we had guests over so I parked on the street in front of my house and got a ticket at 4am for parking in excess of 3 hours. There's no signage and Scarborough doesn't have parking permits so I don't even know how they can enforce th...