25 Over! Plus Non Moving Violation At Dufferin And Finch !!!

A speeding traffic ticket is subject to section 128 of the Highway Traffic Act.
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sabaka
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25 Over! Plus Non Moving Violation At Dufferin And Finch !!!

Unread post by sabaka »

Hi all,


If you're from Toronto, you probably all know about the cop always sitting at the church southbound on Dufferin past Finch Ave W.


So on Tuesday I get a ticket for 25KM over (85 in a 60). PLUS a failure to provide ownership, where the cop did not like my photocopy of my ownership (FU), and issued a ticket for it.


Then he told me to go to court saying that I can 1000% get the ownership (non moving violation) off by showing my real ownership. My question is why give the ticket in the first place?


But here's the scam, according to Brent Bauer, a paralegal, it's better to have 2 tickets than 1 because they can quash 1 if you plead guilty to the non moving violation (which does not affect insurance). The cop was trying to make me quash the ownership ticket, but instead Brent claims you can choose which to Quash.


Have you guys heard of this? Does it work?

Stanton
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Unread post by Stanton »

The Crown decides which (if any) ticket will be withdrawn in exchange for a plea. They're much more likely to withdraw the ownership charge, simply because it's seen as the less serious offence of the two. Some jurisdictions will withdraw the ownership ticket upon showing proof of proper documentation, even if it's the only charge, simply because it isn't worth their time to proceed with it. You could certainly request to plead to the ownership charge in exchange for the speeding being withdrawn, but I don't think your request would be granted.


Just be aware that ANY ticket can effect insurance rates, regardless of demerit points.

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hwybear
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Unread post by hwybear »

sabaka wrote:PLUS a failure to provide ownership, where the cop did not like my photocopy of my ownership (FU), and issued a ticket for it.

A photocopy of the ownership must be a true copy thereof....this the complete front (permit and plate portion) and the complete back (permit and plate portion). The back side copy of the permit will also have proof of the validation of the permit.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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Simon Borys
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Unread post by Simon Borys »

Just to clarify what Stanton said, it is ONLY the crown who has the authority/power to decide which charges will be pursued or dropped. The officer can make recommendations to the prosecutor, but they can't promise you anything (at the roadside or in court) because it's simply not their call.

NOTHING I SAY ON HERE IS LEGAL ADVICE.
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