OHTA.ca

Hello,

I have been reading a lot of these forums and found them very helpful in the weeks leading up to my summons date. Anyway, I went to the summons, received my disclosure and screening, and was given a month to review my documents and come back. When I talked to the prosecutor though things got confusing for me. Their wording in the discussion led me to believe I was to still receive Stunt Driving under 172, but a lesser fine / speed amount and no suspension. According to the Screening Document though (attached) I am assuming I got the "golden ticket" deal of being bumped down to 49 over under 128?

My Question is, did I just misinterpret the prosecutor? Would accepting this plea only be a 49 over charge (minor speeding/section 128) with the said fine + points and nothing else? I just wanted to try to clarify before accepting it. Also, I didn't get a copy of the speed gun manual with my disclosure. Could I request this and use it as an excuse to get a couple more weeks to "think about it". Or do I run the risk of having the deal revoked? Its not a big deal, my insurance likely wont even check, but they renew me at the end of November. Delaying the charge until after that would at least guarantee I only potentially have two years of premium increases. Also is it correct that they cannot hold the 7 day suspension against me?

Thanks in advance. These forums are amazing and are extremely helpful. Well except for maybe that one guy who seems to only be here to criticize everyone

Itsnotarace wrote: ↑Tue Oct 08, 2019 2:04 amWould accepting this plea only be a 49 over charge (minor speeding/section 128) with the said fine + points and nothing else? I just wanted to try to clarify before accepting it.

If the offer is 49, it will be treated no different than as if you were pulled over for 49km over. If you're a fully licensed driver, that would mean a fine per km over and 4 demerit points.

Itsnotarace wrote: ↑Tue Oct 08, 2019 2:04 amAlso, I didn't get a copy of the speed gun manual with my disclosure.

Current case law determines there's no obligation to provide a copy of the manual.

Itsnotarace wrote: ↑Tue Oct 08, 2019 2:04 amAlso is it correct that they cannot hold the 7 day suspension against me?

Correct.

Your form there says 155km but you say it was 172?

bend wrote: ↑Tue Oct 08, 2019 12:30 pmCurrent case law determines there's no obligation to provide a copy of the manual.

The Court of Appeal ruled in 2018 in York (Regional Municipality) v. McGuigan that the operation and testing sections of the manual are first-party disclosure and must be disclosed. To reduce the administrative burden, the Court did allow municipalities to post these sections on their websites and to provide defendants with the URL.

See https://www.canlii.org/en/on/onca/doc/2 ... a1062.html.