49 over code R advice | Page 3 | GTAMotorcycle.com

49 over code R advice

sauga_rider said:
Seeing these replies makes me think I interpreted what he said wrong. He did say that it didn't take long, so it's possible that the cop didn't show up, but hard for me to believe on such a big charge. I'll ask him for further details when I see him again, then report back. But to be clear, he did get off the charge completely.
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Most of us want to know why as court rulings are normally universalized. If there is something that wasn't a technicality that resulted in the charges being dropped (ie. not a no show) than we need to know so we can use it when we go 49 ov...I mean to protect ourselves.
 
油井緋色;1978214 said:
Most of us want to know why as court rulings are normally universalized. If there is something that wasn't a technicality that resulted in the charges being dropped (ie. not a no show) than we need to know so we can use it when we go 49 ov...I mean to protect ourselves.
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This is not exactly true, traffic court is a bit funny this way.

You've got to keep in mind that there is no judge presiding over your case, but a JP. In Toronto at least, somebody can become a JP with no legal background whatsoever. It's ten years of "work experience", plus a university degree or equivalent. Equivalent in this case can be a four semester college diploma, or "training in the justice system", or "life experience". It is largely a political appointment. http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90j04_f.htm#s2p1s15

A bad JP will heavily rely on the prosecutor to understand what's going on, but they may even not do that. JPs can (and do) make decisions that are not exactly supported by law. It is indeed possible to sell a JP a crock of ****, and they may believe it. However! This is definitely gambling, because the prosecutor will definitely notice, and will probably complain (or just silently burn with seething hatred for the JP).

So to specifically address what the guy above me said ... a JP doesn't have to care about what another JP decided. A <i>judge</i> doesn't have to care about what a JP decided. I can believe this guy got off a 49 over charge by making puppy-dog eyes, because of the fact that a JP sees the case and not a judge. It could also have been something like the cop wasn't there and the prosecutor knew it (but maybe your friend didn't) and decided to drop it to just get on with the other cases.
 
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