Hta 144 (18) Help

Failing to obey a stop sign - Highway Traffic Act section 136(1).
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bkaboom
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Hta 144 (18) Help

Unread post by bkaboom »

Hi,

I'm looking for some advice on a recent ticket I received today,


I got pulled over by an undercover cop car over for failing to stop for a red light (HTA 144 [18]) on a right turn when the green turn arrow was on for the perpendicular oncoming traffic. I noticed that the drivers license was mis-printed on the ticket (albeit by switching two numbers). Do I have any chance of getting the ticket discarded or any reason to fight the ticket? and is there 3 demerit points guaranteed with every offense?


Thank-you.

jsherk
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Unread post by jsherk »

Mispelled names and incorrect drivers license are NOT fatal errors and will not get your ticket dropped. If you mention it at trial, they can just amend and correct it at the trial. This is not a defense.


In order to see if you do have a defense though, you need to get disclosure.


You should plead Not Guilty and request a trial with the officer present. Once you get the Notice of Trial, then you can request disclosure (officers notes). Once you get the notes, post them here and we can give further advice.


Demerit points are not what you should be worried about (unless you already have a bunch of tickets). Insurance increases are the main concern, and your insurance can go up even if the charge is 0 demerit points.


If intereste in demerit points, then read this:

https://www.ontario.ca/page/understandi ... rit-points
+++ This is not legal advice, only my opinion +++
bkaboom
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Unread post by bkaboom »

Thank-you for your response and the helpful link!


I will request for a trial as at this point, and go from there in hopes of lowering the fine and the demerit points, and if possible the offense all together. Your right with the demerit points as this is the first ticket and insurance is the priority. Do you happen to know if the ticket will be

visible for insurance companies from the date of receiving the ticket or the date after you finish a trial?

argyll
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Unread post by argyll »

Only from the date that a conviction is entered, if one is.

Former Ontario Police Officer. Advice will become less relevant as the time goes by !
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