This sounds more like a civil matter, in which case, the whole duress thing wouldn't be an issue if OP could get Defendant to admit to his guilt and not even bother mentioning the "signed agreement". I guess it comes down to whether or not Defendant will be hiring a lawyer, or trying to represent himself.

OP, the signed statement is worthless, but the photos of his vehicle damage and yours are fine as a means of building a case. His admission is hearsay. Best bet is to talk to your insurance company and figure out what they think is the best way to proceed.

I'd speak to the prosecutor and see what they offer. Personally, I feel you received a ticket you deserved. I'm glad that the Police are finally beginning to crack down on what is becoming a major issue in the city of Toronto: cyclists who either don't know, or completely disregard the rules of the road. Using public roads is a privilege and ignorance of the laws is not an excuse. Neither is the fact that "others did it". Unfortunately for cyclists, they are not offered the same government mandated protection standards that vehicles do and by either hitting the roads without proper l...

You should file for disclosure immediately, and show due diligence. On the day of your trial, speak to the prosecutor prior and explain that you were only notified of your trial after personally checking in with the court, as no mailed notice was received, and therefore there was no adequate time frame for them to provide disclosure. In a situation like yours it is quite understandable that you would be filing for disclosure at such a late time. The prosecutor at this point can choose to A:) Withdraw the charges B:) Request an adjournment from the Justice because of institutional error or C:) ...

Have you already had your adjourned court date?

If there is no visible damage, you did the right thing by leaving a note. After all, there's a reason why bumpers were put into cars. I wouldn't stress out about it too much. If they're reasonable people, you won't be getting a phone call about $5000 repairs.

Request disclosure. You can always go to a preliminary meeting with the Prosecutor and see what he offers. There could also be procedural errors [ ticket error, non-disclosure, unreasonable delay - 11(b) ] that can work in your favour. I'd fax in a Disclosure Request in as soon as you get your court date though.

If you want to try and fight it, hire a good paralegal or lawyer. It's going to be a hard case based on what you've written. If you're uncomfortable about driving in certain situations, to the point where you are putting yourself, your passengers, and others on the road in danger, it might be a good idea to take some additional driving courses or stop driving under those circumstances until you get more comfortable.

Surely your all charges will be diminished if you bring your lawyer with you to explain the police your side. It is not a doubt that the police always try to ask various questions regarding not to follow the traffic rule but if you have followed the rule then you can explain them and claim for your compensation regarding the case. There are two lawyers in Miami who are handling such type of cases as well as cases like personal injuries, D.U.I, medical malpractice etc. You can also contact them. This sounds like an amazing idea sheilmolson. I would even suggest they get a lawyer from India, th...

If a conviction has already been registered, that is, if a trial was held and by the fact that your wife did not show up a verdict of guilty was registered, you will have to appeal the conviction on the grounds that you were not notified. If more than 8-10 months has passed since your wife sent in her Notice of Intention to Appear, you are very likely to fight for an 11(b) Charter violation.

There's a lot of information regarding that in these forums. Additionally, you should appeal as soon as possible.

Thanks Stanton, I was just about to post this.

I'm happy that the distinction has been made, as in some personal cases I have passed my cellphone to my passenger to answer.

dstate, My opinion is that unlike Drinking and Driving charges, which the 4 cases in the article cover, Part II summary offences like the one you're charged with can be argued to be simpler in nature. These simpler charges wouldn't require the inherent time needs of hiring a lawyer and the process for obtaining disclosure should be shorter. In your case, depending on the steps you've taken thus far, you should be able to argue an 11(b) successfully. Things to consider [R. v. Morin is used as the base for these questions]: How quickly did you file your Notice of Intention to Appear within the 1...

Downahill, I'm very aware of the large variation of driving etiquette out on the roads. Using the argument that "everyone else is doing it" is not an effective strategy in the eyes of the law. Speeding in urban areas is a dangerous gamble. Especially during warm weather at dusk when kids/pedestrians can crop out of seemingly nowhere to jaywalk, or someone has to suddenly stop in front of you. Your stopping distance is drastically affected. Here's an example, using dry asphalt as the surface: 50km/h - 14.05 Metres to stop 60km/h - 20.24 Metres to stop 70km/h - 27.55 Metres to stop 20k...

It's pretty simple downahill. If the sign reads 50, you have to be going 50. It's up to the Officer to decide whether he's going to be pulling you over, or continuing on to more important matters. But most definitely, 20 over is NOT "fine".

I drive the speed limit in urban areas [especially, as there's a lot of potential risks involved in speeding there] every day and still manage to make it to work on time.

Non-disclosure can occur for many reasons, all of which are outside of your control. If you've made two requests by fax and can supply evidence via confirmation printouts, you have all the evidence you'd need to ask for an adjournment. The onus is on the Crown now. I'd wait until the trial date, and when it comes time to speak to the Prosecutor, introduce yourself [check-in] and then ask them if they have your disclosure. If they don't, ask for an adjournment unless they withdraw the charges. If they do, seek an adjournment on reasons of late disclosure and an inability to, as a result, prepar...

Congratulations! It's a great feeling.

For those who will be reading this in the coming months, disclosure is a fundamental part of the judicial process. It is a right guaranteed by the Charter, and heavily supported by countless case law. You should never give in to pressure in a situation such as this [where disclosure requests were made well in advance and went unanswered].