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Ontario Highway Traffic Act

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List of Fatal Errors
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PostPosted: Wed Feb 10, 2010 9:01 pm 
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Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
These are "Fatal Errors" that invalidate traffic tickets (PONs):

- Defendant name missing (misspelled name does not invalidate the ticket)

- Missing offence or an offence not known to law (subsection missing or totally wrong)

- Missing date (wrong date does not invalidate the ticket, HOWEVER, the officer has to file the ticket within 7 days (not workdays) after the date on the ticket, which should, in theory, invalidate the PON)

- Missing offence location (being off by a couple blocks does not matter. Km marker on the 400-series is not required either)

- Missing officer signature (if it is NOT an electronic ticket. Officer has to log into the system to issue an electronic ticket, therefore the fact that he was able to do so is enough to warrant who laid the charge)

- Incorrect set fine and/or total payable. Refer to "Where to find set fines" in "Courts and Procedure" for information about surcharges, court fees, and set fines (external link from above page).

- Missing name of municipality

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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