Tfraffic ticket: using charter of rights, but guilty or not guilty?
I am going to court next week in Mississauga as I chose to fight ticket over going through a stop sign, and also I did not have the current insurance registration on my person.
Main reason for this going to court was to use the Charter of Rights to defend myself within a reasonable time as I expected my court date to be over a year of the offense, and it was.
I have requested and received disclosure of the officer's notes and sent the Form F Notice of Constitutional Question to the Prosecutor's Office, Attorney Generals' Office of Ontario and Canada, advising of relief under the Charter of Rights Section 24(1) that my rights again to present a reasonable defense in reasonable time manner.
The question is proceeding with the defense. Do I plead guilty or not guilty?
Doing searchs on internet I have seen cases where the judge would dismiss the excessive period so its not open and shut.
Anyone have any insight as to proceeding furtehr on a defense?
Your choosing to fight it because you can? Did you or did you not run the stop sign? If you doing this because you can, I can only presume that you are guilty and just being a drain on the tax payer and wasting the courts time. If you are not guilty, then plead so, if you're quilty pay the fine and stop wasting resourses that could be put to better use. That's only my opionion.
I don't think your going to get a lawyer to dispense free advise on this forum, as I'm sure you know they want $$$.
Wasting taxpayers' resources? Yes when you have a cop sitting on his ass with the engine idling, at a deserted intersection in an industrial area, perhaps this money can be better spent chasing road racers on the freeway? Huh?
I'm not going to argue with you on what the the cop was or was not doing. Only he knows why he was there. It would come down to being accountable for YOUR own actions.
I am not wasting police forces by getting them to courts. Police forces are already wasted by running speed traps in the middle of a highway, unable to respond to emergency dispatch quickly enough. Imagine if your house is being robbed, or your car is being stolen, or your daughter is being raped, and all police officers are too tied up running speedtraps hidden behind a bush, with a radar gun and a cup of coffee in his hands and a donut in his mouth, unable to assist you. By abolishing the ridiculous speed limits and other marginal infractions, such as mine, police forces can then be restored to do more useful tasks, such as... you guess it... catching real criminals.
I did not say you are wasting the cops time, it's the court time I am referring to.
Lets look at it a different way-If the courts weren't full of people fighting speeding tickets, drunk driving charges and the "marginal infractions", to which they know they are quilty of, (when was the last time you wondered if the F&%k rooring up to the stop sign on your right was going to stop or run out in front of you) they could be working on getting the theives, rapist and other low life off the street (and yes they could do a better job than they are!). If people would slow down and follow the other traffic laws, to begin with, then the cops could work on the things you speak of. These "ridicolous" speed limits and other rules of the road are there for a reason, to keep all on the road safe.
I'm not saying that I'm perfect: I drive a bit too fast at times, go through the odd yellow. If I get caught I'll pay up, becouse I was wrong. Last time I checked STOP meant to come to a COMPLETE stop (not to mention that funny thick white line people are supposed to stop behind)-not roll on through-that's called a yield. If police forces would get back to a traffic detail, they could damn near pay for themselves with the way people are abusing their PRIVILEGE to drive.
Well they would have been prudent to use more roundabouts, to use discretion when no one is around, rather than some fat cop sitting in a bush with the "Highway Act" in his pocket.
Fight every single ticket you get. I do. Though I usually pay a para legal here in Edmonton to do the work for me. Why? To have a record with nothing on it.
Pretty sure you just show up to court and explain to the crown that you are going to ask the judge to dismiss the case based on the fact that your case took too long to come to court. I don't remember the exact wording for that though. Then the judge will decide whether or not to proceed with the case or not. If the judge agrees with you , you will walk away, if not you may be forced to enter a plea and get on with your case.
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