Search found 9 matches

by canadaguy
Thu Nov 01, 2012 11:16 am
Forum: Courts and Procedure
Topic: Traffic Ticket and lying Prosecutor
Replies: 11
Views: 5002

Re: Traffic Ticket and lying Prosecutor

OPS - It sounds like you are on a team. I believe this mentality is developed after being in the position of a police officer or even a night club bouncers, after some time, these people in this position start to develop the "us vs them" mentality. This was explained to me from a few people in these type of positions and roles. The reason I know the officer was not sick is because after court I called the police HQ and asked if the officer in question was working today and he was. It is a very simple matter - the cop didnt show up - the prosecutor lied so he wouldnt loose the trial -...
by canadaguy
Sun Oct 07, 2012 3:08 pm
Forum: Courts and Procedure
Topic: Traffic Ticket and lying Prosecutor
Replies: 11
Views: 5002

Re: Traffic Ticket and lying Prosecutor

This case was completed about 1 year ago. I was found guilty for going through a yellow light in the rain. The officer lied and said it wasn't raining. I had a passenger in the car and he testified that it was raining. The cop used his knowledge of evidence laws to exclude this information. He said something like "How did the passanger know it was raining if he wasn't outside the vehicle". Anyways, I tried to question the cop about him being sick last trial and the judge /prosecutor threaten me and told me if I said anything about or asked any questions in regards to the officer bein...
by canadaguy
Wed Sep 26, 2012 3:16 pm
Forum: Courts and Procedure
Topic: Traffic Ticket and lying Prosecutor
Replies: 11
Views: 5002

Traffic Ticket and lying Prosecutor

I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this: Me: I request the charge be dismissed because the officer is not here Prosecutor: No, we are going to adjourn the trial so the officer can attend Judge: ok, lets adjourn Me: Your honour, again I request the charges be dropped because the officer is not here and I showed up and he did not. Prosecutor: We are not dismissing and that all there is to it. Me: Wh...
by canadaguy
Wed Sep 26, 2012 3:10 pm
Forum: Courts and Procedure
Topic: Set fine $108.75 for speeding 29km over??
Replies: 2
Views: 1939

Re: Set fine $108.75 for speeding 29km over??

Thank you for you quick reply. So, the set fine is spot on. I realize the brief is not the charging document, however, can I use this error to question the validity and accuracy of the officers notes? I am thinking about finding more errors or conflicting information and bundle them together to put in question the officers evidence and raise a reasonable doubt in the judges mind. On the ticket is read ONLY Highway 123, XXX Ward, XXXX County. It does not say were on the highway the offense occurred - is this something I can use for my benefit? As far as disclosure , I requested the officers not...
by canadaguy
Wed Sep 26, 2012 2:01 pm
Forum: Courts and Procedure
Topic: Police Radar Training requirments? also, defence request
Replies: 3
Views: 2948

Police Radar Training requirments? also, defence request

I got a speeding ticket on June 13, 2012. The cops notes say that he was last trained in September, 2010. I read somewhere that they are required to get trained every 36 months, but I want to clarify. Also, I am requesting disclosure and want to know if I should focus on specific training requirements. Does the officer have to be trained on this specific device? He was using a Decatatur Genesis II Moving Radar. I am looking for help or any defense possible and my scenario is: The cop was driving a motorcycle and was tightly driving between two cars. He did a Uturn and charged me with 29km over...
by canadaguy
Wed Sep 26, 2012 1:32 pm
Forum: Courts and Procedure
Topic: Set fine $108.75 for speeding 29km over??
Replies: 2
Views: 1939

Set fine $108.75 for speeding 29km over??

Hello, I was charged with going 129 in a posted 80 km zone. My understanding is that the fee associated with tis charge is $4.50 per km x 29 = $130.5. On my ticket the set fine reads: $108.75 and total Payable : $138.75. Is this correct? I know this could have been a strategy if this is incorrect by not showing up or trial, however, I already filed my request or a trial. Also, I notice the Provincial Offences Brief they sent to me in my Disclosure package has the wrong offence date. The correct offence day is the 13th and they wrote the 15th on these notes. Can this be used as an defense? Also...
by canadaguy
Fri Apr 20, 2012 1:51 pm
Forum: General Talk
Topic: Definition of "traffic" and "Ticket"
Replies: 5
Views: 1997

Re: Definition of "traffic" and "Ticket"

Also,

http://yourlaws.ca/criminal-code-canada ... c%E2%80%9D

355.1 For the purposes of sections 355.2 and 355.4, "traffic" means to sell, give, transfer, transport, export from Canada, import into Canada, send, deliver or deal with in any other way, or to offer to do any of those acts.

Do the definition's in the criminal code oversea the HTA?
by canadaguy
Fri Apr 20, 2012 10:21 am
Forum: General Talk
Topic: Definition of "traffic" and "Ticket"
Replies: 5
Views: 1997

Re: Definition of "traffic" and "Ticket"

Hi Everyone,

If a word is not defined in the HTA, where do you look?

Interpretations Act?

I need the LEGAL definition of Driver, ticket, traffic, and operator.

I am also interested if any of these words are related to commercial activity or commerce in general.

When searching at http://legal-dictionary.thefreedictionary.com/traffic
TRAFFIC. Commerce, trade, sale or exchange of merchandise, bills, money and the like.
DRIVER. One employed in conducting a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals.

Thank you!
by canadaguy
Thu Apr 19, 2012 10:28 am
Forum: General Talk
Topic: Definition of "traffic" and "Ticket"
Replies: 5
Views: 1997

Definition of "traffic" and "Ticket"

Hello everyone,

I am looking to get the legal definition of the word "traffic" and "Ticket"

Thank you

G

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