The Paralegal Blog

How to Fight an Ontario Speeding Ticket

An Ontario speeding ticket stands out unique compared to other Ontario traffic tickets. This is because a speeding offence in Ontario is classified as an “absolute liability offence”. What does this mean? This means all that the prosecution needs to do is prove that you were speeding, and there is no valid defence to the […]

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Different Parts to Every Traffic Ticket Trial

1) Pre-trial – Where you either make any motions (I.e., Motion to exclude witnesses, Motion to Stay, Motion to adjourn, etc.) – Make your Plea (Guilty/not Guilty) – Court Clerk reads out your offence and where it happened 2) Prosecution Presents Case Against you – Prosecutor gets Police officer on witness stand – Prosecutor asks […]

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How To Submit a Traffic Ticket Request for Disclosure

In most municipalities, you will be told that you are not able to request disclosure until you receive your “Notice of Trial” in the mail. Ask the clerk what the location is, in which you must make your request for disclosure. If you do get a “Notice of Trial” you may find out who the […]

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Reopening a Traffic Ticket Conviction

A reopening from conviction is going to be an uphill battle all the way. Once a conviction is registered against you, it’s up to you to attend at the court of jurisdiction and to appropriately request a reopening. The Provincial Offences Act states: when through no fault of the accused, and not more than 15 days […]

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Use the Law to win your Parking Tickets!

Since most people fighting their parking ticket are going to plead guilty or haven’t got a clue what they are doing, over time many justices forget what the law says and why they have to follow it. They are expecting lame excuses, poor defences and complete ignorance. They are not expecting you to raise issues […]

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Challenge 11b of the Charter of Rights for your Traffic Tickets and Speeding Tickets

The Canadian Charter of Rights and Freedoms, section 11b states:   11. Any person charged with an offence has the right (b) to be tried within a reasonable time; Any unusual amount of time that has passed between the date the offence occurred to the date of your trial can be used in your favour […]

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How to Request a Stay to stop your Traffic Tickets and Speeding Tickets Trial [ONTARIO]

There are 2 legally correct ways to submit a request to STAY your trial due to No Disclosure/Improper Disclosure/Unreasonable Delay. The first is a method of going in person, the other is a fax method. The fax method is not well known. Expect the prosecutor/justice to give you a hard time which is why I […]

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How Your Traffic Tickets and Speeding Tickets Fine Are Calculated [ONTARIO]

How much is the fine? How is it calculated? Unfortunately in Ontario very little is straightforward. Not even the math. This can work to your advantage. If the officer can’t do the math, your traffic ticket is dead. But it’s more like the walking dead. The traffic ticket doesn’t know it (yet). An incorrect fine […]

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Traffic Tickets and Speeding Tickets Trial Day Strategy

Quash Proceedings Due To Flaws You say, ” Prior to entering a plea Your Worship, I move that these proceedings be quashed on the grounds that …” There are a couple of grounds you can argue: the charge is insufficient the information (your ticket) bears a fatal flaw on its face Your strategy here is […]

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Errors On Your Traffic Tickets and Speeding Tickets [ONTARIO]

Fatal Errors A fatal error is an error on your traffic ticket that is sufficient to get your case thrown out. It is quite common for people to receive a traffic ticket with errors on it. Unfortunately not all errors are fatal. If the right person is standing in court and the police officer can […]

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