My summons notice for "Drive while under suspension" seems like everything is correct. However, the "AT" portion of the ticket is completed incorrectly, The intersection noted is correct, but the municipality is not. Is this immediate grounds for a dismissal (ie: a fatal error), or will the prosecution simply amend the ticket and carry on?
Wrong City on Summons
Re: Wrong City on Ticket
You didn't receive a "ticket". That would be a Part III Summons with a court appearance. Details on the Summons will be amended if needed.
Re: Wrong City on Summons
If it makes a difference- the actual municipality where the infraction occurred is in a different court division/district. In other words, I am to appear (as per the summons) at a courthouse which does not oversee the jurisdiction where the offence occurred. Can they still amend the summons and move the court appearances to the right court house? Or what is the likely outcome of this? what if I don;t mention the error and they don't notice and I wait for trail to bring it up?
Re: Wrong City on Summons
It's not going to matter because under the Provncial Offences Act if the offence happens in a jusrisdiction adjacent to the court actually listed for the appearance , they can hold the trial there.
Territorial jurisdiction
29. (1) Subject to subsection (2), a proceeding in respect of an offence shall be heard and determined by the Ontario Court of Justice sitting in the county or district in which the offence occurred or in the area specified in the transfer agreement made under Part X. 2009, c. 33, Sched. 4, s. 1 (35).
Idem
(2) A proceeding in respect of an offence may be heard and determined in a county or district that adjoins that in which the offence occurred if,
(a) the court holds sittings in a place reasonably proximate to the place where the offence occurred; and
(b) the place of sitting referred to in clause (a) is named in the summons or offence notice. R.S.O. 1990, c. P.33, s. 29 (2).
Transfer to proper county
(3) Where a proceeding is taken in a county or district other than one referred to in subsection (1) or (2), the court shall order that the proceeding be transferred to the proper county or district and may where the defendant appears award costs under section 60. R.S.O. 1990, c. P.33, s. 29 (3).
Re: Wrong City on Summons
Decatur
I used to have a very fast car and an even faster bike.(with a lead foot/wrist)
One time (on the bike) I was going so fast that they only caught me because I stopped at a yellow light.
They didn't catch up, to me, until, just as the light changed to green.
I stopped and the cop said he was going 120 mph and that I was pulling away.
I got a speeding ticket.
I had started in ++++++ city and he wrote +++++ city.
I went to court.
I said nothing and watched all the other cases.
At the end of they day they had to call out the names not dealt with.
They got to my name I put up my hand.
I paid attention to everything.
By the time I got up I knew a lot more then when I entered.
I knew that I had to object before the charge was read that the court to have no jurisdiction.
So i did object.
Result judge agreed and case dismissed.
You have to object before they get to much into their talk.(reading charge).
I am curious if you have any comment on this?
Cheers
Viper1
use at your own risk"
Re: Wrong City on Summons
The court did have jusrisdiction and could have heard they charge or had it moved to the other jurisdiction. Maybe the JP was being lazy?
Re: Wrong City on Summons
Looks like a spam monkey had hit. Admin., please make it go away!!
Similar Topics
-
-
- Wrong name, wrong address, wrong gender, no DL# on ticket
- Posted in General Talk
- By kegman1 on
- Replies: 8
-
-
-
-
- City cop stopped me on Federal Highway
- Posted in Courts and Procedure
- By slowneasy on
- Replies: 17
-
-
-
- Hitting a city sign pole
- Posted in Failing to remain at the scene of a collision
- By oppositeset on
- Replies: 7
-
-
-
- Disobey Official Sign- Ottawa City Bylaw 2003-530-advise
- Posted in Bylaws Pertaining to Traffic
- By skate4fun on
- Replies: 3
-
-
-
-
Highway 407 41km over. City of Burlington
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By joepenoso on
- Replies: 9
-
-
-
-
- Old City Hall - 11 months 8 days - 11b
- Posted in Courts and Procedure
- By w3ss on
- Replies: 1
-
-
-
-
City Transit Buses
- Posted in General Talk
- By bigtdawg1966 on
- Replies: 2
-
-
-
-
- Help with Old City Hall Prosecutor's Office Fax number
- Posted in Courts and Procedure
- By mnstrcck on
- Replies: 4
-
-
-
- Disclosure - City of Toronto Police ICCS Video Evidence
- Posted in Courts and Procedure
- By mnstrcck on
- Replies: 5
-
-
-
-
City of Toronto - Speeding ticket not signed - Fatal error?
- Posted in General Talk
- By iconfat on
- Replies: 6
-
-
-
-
- Can I sue the city for license suspension? Lawyer gurus?
- Posted in General Talk
- By turningfish on
- Replies: 5
-
-
-
- Misspelled city, fatal error?
- Posted in Careless Driving
- By fortec_man on
- Replies: 1
-
-
-
- Disobey Sign 182(2) City of Toronto
- Posted in Failing to obey signs
- By LuvCamry on
- Replies: 3
-
-
-
- Old City Hall trial scheduling
- Posted in Courts and Procedure
- By ynotp on
- Replies: 1
-
-
-
- out-of-city parking ticket appeal
- Posted in General Talk
- By buddy64 on
- Replies: 1
-
-
-
- 60 km/h in a 50 km/h zone in Hamilton City, NEED YOUR HELP!
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By TimoC on
- Replies: 13
-
-
-
- Private company had my car towed from city property
- Posted in General Talk
- By ABM on
-
-
-
- Can City of Markham CONVICT Me When I NEVER Got Notice?
- Posted in Parking Tickets
- By joland on
- Replies: 1
-
-
-
- City of Hamilton trial adjournment request
- Posted in General Talk
- By bandito on
- Replies: 2
-
Featured Topics
149km/h on 401 WB Disclosure Notes
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or…
Speed Trapped
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS unit I had to rely on the printable poorman's version from Mapquest. I followed Huron Church Rd.,…
Fatal error: Speeding 75km/hr in posted 60km/hr zone.
Hi everyone,
Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
Does…
DON'T HAVE A CLUE WHAT TO DO!
My name is Brian. I am in my late 20s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)
I have never drunk and drive but I face a problem and Im wondering if anyone can tell me what to do. Several months ago I was at a weekend party and had quit a bit to consume. When I stopped…
HTA s. 144(18)
Traffic stop in scarborough, ontario
I was travelling east bound on ellesmere road and approached markham road attempting to make a right turn. All signal lights were red and cars traveling down markham road south were given the green arrow. I slowed down and attempted to make the right turn. I got ticketed by a cop who was parked in a gas station facing the intersection in a (no parking zone). I…
123km/h in a 70km/h
Just got this last night on my way to guelph.
Crested a hill, officer coming at me, pulled a u turn and pulled me over.
I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
It was around 7pm, already dark, nobody on the road but myself,…
Case Law- Disclosure of only testing pages of radar manual
I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.
I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.
The most recent that I can find is:
Thunder Bay (City) v. Millar, 2009 ONCJ 485 canlii.ca/t/264d2
This case is…
Drive While Under Suspension "Force Fatal Error"
So I was pulled over early in the AM. I was picked off in a line of cars for speeding. Lucky me!
Anyways I got 3 summons for Drive Under Suspension and 1 summons for speeding.
I didn'e have my wallet on me so was unable to present any photo id. Also, the car I was driving was a friend of mine.
The officer has incorrectly misspelled my first and last name. Also my address is wrong, I haven't lived at…
misspelled offence for failing to stop at a stop sign
Hello,
I was pulled over two nights ago and charged with failing to stop a stop sign. On the ticket, it says 'disobey stop sign - foil to stop' and does not say 'fail' -- something I think may be a fatal flaw? I have been driving for 12 years with no tickets, yet I live in Brampton where insurance prices are high so I do not want to be convicted as my insurance rates will spike significantly and…
3 Tickets
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
189km in 100 posted zone. Stunt driving and having cannabis readily available in vehicle
I understand the severity of my offences, and I can't stress how much I regret it. I know I endangered the lives of myself and more importantly others. I usually do not speed and I know running late for work is an unacceptable excuse. I will be a man and accept the consequences of my actions although I would appreciate any advice for my situation.
Bottom line, 1 pound of cannabis was found in my…
49 over in dvp
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
Improper Mudguards?
Good evening everyone,
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
FTC ticket: rear-ended the lady but no damage
Hi,
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
On December 4, 2014 I was preparing to turn right at a very busy intersection.…
Someone took a photo of my license plate
Hi,
I have question, today I was going to work in my normal route there is a triangle intersection with my side being the only one with a stop sign.
There's a car in front me who stopped at the stop sign, and the third-side there's a incoming car with their hazard-light flashing but they don't have stop sign, yet coming in at a slow speed.
Right after the car in front me went through the stop sign,…
Disobey Sign 182(2)
On my way to work this morning I received a ticket for disobey sign. I was on Hwy 10 Mississauga in the right lane. The right lane leads to the 401 and there is a sign saying Right Lane Exits. I Tried to merge left before the on ramp as did 3 other people. We all got a ticket for doing that. Is there anything I can do? I did not realize I was breaking any law it was a dotted line where I tried to…
Disobey Sign HTA 182(2) - No Straight Through Intersection
Hello OHTA Forum,
This is my first post, before I jump right in I would like to thank the forum, members, posters and moderators for all the information posted. I feel like I have been able to learn a lot from others experiences, so thank you all.
This will be a lengthy post. But if you are dealing with a Disobey Sign HTA 182(2) - No Straight Through Intersection you may find this extremely…
Discussion - Front license plate
Let me start this with saying that this isn't in regards to a ticket, more a discussion surrounding front license plates and learning about the rules behind them. (Most of the quote stuff is using colloquial terms, mostly because I couldn't really find a better way to describe it; it's not meant to be offensive.)
I know Ontario law/HTA mandates having a front license plate unlike some States in…
It is hopeless to fight a ticket at Ontario Traffic court
Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Newcomer Needs Advice
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
I was unfortunate in July 2010 in that I ended up rolling my 2009 Ranger three times, through a fence and landing on the roof on a rained-out road that was/is in need of proper repair in Eastern Ontario.
I was assisted out of the vehicle by the driver who was behind me.
I was not charged with any…
licensed in another province at time of suspension
I have an unusual situation.
I was traveling down the 401, noticed a speed trap, and started flashing my lights -- in order to warn oncoming drivers.
Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
The officer pulled me over, and while he was polite, clearly his motivation was to…
What the rules are for Pedestrians, Roller Bladers and Cyclists at a 4-way stop?
I'm wondering what the rules are for Pedestrians, Roller Bladers and Cyclists at a 4-way stop?
I know it sounds like a simple question. But I'm seeing things that are making me wonder what the exact rules are.
Case law regarding a justice or prosecutor changing a charge
Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?
Legality of Mohawks on helmets
I've seen a few younger riders with those mohawks on their helmets and was wondering if that's in some sort of violation of the HTA.
As for me, it's bad enough that I ride a supersport with blown muffler packing. I don't need any more attention ![]()
FAIL STOP FOR SCHOOL BUS-OWNER
I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…
