Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 4 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

HTA 144(18) changed to HTA 130, is that allowed?
Author Message
PostPosted: Fri Mar 20, 2009 8:57 pm 
Offline
Newbie

Joined: Fri Mar 20, 2009 8:49 pm
Posts: 2
Hi
On aug 2008, I had an accident and hit another car. and was given a ticket for HTA 144( 18 ). At the time, based on a witness, the cop said I ran a red light. I challenged the ticket (with assistance from a paralegal), and received a letter for the court date (May 25), with the specific charge of HTA 144

Last week, I received a 'NOTICE of MOTION' that changed the court date to April 29, BUT the charge was changed to HTA 130 (careless driving)

Can they do that? I mean, I have the ticket, and it shows 144( 18 )

what is my course of action?


Top
 Profile  
 
PostPosted: Sat Mar 21, 2009 4:37 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Yes, it is allowed, but changing the trial date and amending the charge to something more substantial is somewhat abnormal. Have you spoken with your paralegal regarding this yet? While careless driving is one of the most serious charges that can be issued under the Highway Traffic Act, it is also one of the hardest to prove. Your paralegal should actually have an easier time getting this one dismissed as opposed to running the red light. As for changing the date, it should be fairly easy to get it changed to the original date or pushed back further. Almost seems like unilaterally moving the date up and amending the charge at the same time is acting in bad faith.


Top
 Profile  
 
PostPosted: Sat Mar 21, 2009 9:11 pm 
Offline
Newbie

Joined: Fri Mar 20, 2009 8:49 pm
Posts: 2
I informed him about it. Said he will check/clarify with them first. Hopefully something good will come out of it


Top
 Profile  
 
PostPosted: Sun Mar 22, 2009 11:13 pm 
Offline
Sr. Member
User avatar

Joined: Mon Jun 30, 2008 5:59 pm
Posts: 486
Location: Toronto
Carefully reread your notice of motion.

The charge you have is before the court and it cannot be amended or changed without the court's consent. Likely there is a court date on April 29 to hear a motion to change the charge to careless driving.

There are two issues that are raised. First, the Crown would not seek the more severe charge of careless driving unless they have information that warrants this heavy charge. You should have disclosure by now and would know why they are seeking the greater offence.

Second, as Radar Identified has stated, it is a much harder charge to prove. Why would they make it more difficult for themselves to convict you?

You need to be very strategic about what you are going to do about this. It sounds like either charge will require the witness to show up. At first glance [without knowing any specific details about what happened] you have a much better chance of fighting the careless driving charge.

If your only strategy is to plead guilty to a lesser charge than try to keep the lower red light offence and plead that down. If you plan to fight the charge, then take the careless driving charge.

BUT read this case R. v. Penketh, 2008 ONCJ 596. The important point is that the defendant did not testify and the defence offered no evidence. Don't make this mistake.

Your paralegal should work with you on developing your defence strategy.

_________________
Fight Your Ticket!


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 4 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Red Light and Careless Driving HTA 130

jgboudrias

0

997

Mon Jun 06, 2011 1:45 pm

jgboudrias View the latest post

There are no new unread posts for this topic. E-BIKE CAR ACCIDENT CHARGED WITH SECTION 130 HTA

tk06mx

0

1048

Fri Jan 13, 2012 4:37 pm

tk06mx View the latest post

There are no new unread posts for this topic. HTA 144.18

thephoneguy

13

2127

Mon Oct 20, 2008 8:02 pm

lawmen View the latest post

There are no new unread posts for this topic. HTA 144 (14)

Questionz

13

1466

Mon Jun 02, 2008 10:15 am

Bookm View the latest post

There are no new unread posts for this topic. HTA 144(18)

tiredandjaded

10

4280

Tue Mar 02, 2010 1:06 am

FrankTheRabbit View the latest post

There are no new unread posts for this topic. HTA 144 (18) help

bkaboom

3

624

Thu Mar 03, 2016 3:29 am

argyll View the latest post

There are no new unread posts for this topic. Attachment(s) HTA s. 144(18)

[ Go to pageGo to page: 1, 2 ]

ved23

16

2819

Thu Jan 30, 2014 2:09 am

to_munda View the latest post

There are no new unread posts for this topic. HTA 144 (18)

dsilva100

1

591

Wed Sep 03, 2014 3:56 pm

Stanton View the latest post

There are no new unread posts for this topic. HTA 144(18)

Charmed0102

1

610

Tue May 05, 2015 8:24 pm

iFly55 View the latest post

There are no new unread posts for this topic. HTA 144 (18) - Mississauga

Schnauzer

7

1207

Sun Sep 18, 2011 1:54 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Proceed before green. HTA 144 (18)

jetmech727

13

1813

Tue Apr 08, 2008 3:52 pm

jetmech727 View the latest post

There are no new unread posts for this topic. HTA 144(18) - Red Light

vp

2

1286

Thu Oct 23, 2008 7:15 pm

vp View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.