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Ontario Highway Traffic Act

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Charge of Speeding - Officer wants to file adjornment?
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PostPosted: Sun Nov 24, 2013 3:10 pm 
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Joined: Sun Nov 24, 2013 2:39 pm
Posts: 2
Hi, need some help here:

Early September, got a speeding ticket going 80 in a 60, officer dropped it down to 10 over ($40 ticket). It was steep hill down the escarpment, but I was more upset at myself as I see cops hiding there all the time!

- After getting the ticket, I noticed the officer spelt my last name wrong, he missed a letter. It's clear printing so you can clearly tell the one letter is missing.
- First thing I do is schedule a trial, I'm pretty sure I wrote the correct spelling of my name when filling out the form...
- I get a letter in the mail for the trial date in February. Last name is spelt wrong on letter and notice of trial.
- Fast forward a month I get second letter
- The officer wants adjournment, as he'll be out of country on vacation for the scheduled trial date (February)
- again my last name is spelt wrong on the "notice of motion" and envelope

Has anybody heard of the officer trying to postpone the trail? I've already taken the trial date off of work, I can't keep taking days off! Now I got to take another day off to attend this motion in a couple of weeks. Working at the Corporate office for a retail company near Christmas is never a good idea.

How would I go about fighting this? Sorry never got a ticket before, only warnings...
- Would I mention not being able to take days off work?
- Would it be possible to have this ticket thrown out at the adjournment hearing?
- Already scheduled someone to cover me for the trial date. On call that week.
- Is being on vacation a good excuse to postpone???

Thanks! If this was work related my grammar would be a lot better lol


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Re: Charge of Speeding - Officer wants to file adjornment?
PostPosted: Mon Nov 25, 2013 1:16 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
I would certainly argue against the adjournment. If the Justice of the Peace denies the Crown's request, your ticket will be quashed.

Be honest and bring up the very points you just listed. Do you lose any pay for taking time off? Does someone else need to fill in for you while you're away?

Typically officers book their holidays in advance to prevent these type of conflicts. I'd argue that this wasn't something unforeseen like a last minute illness and you've already adjusted your schedule to attend trial on the set date.


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Re: Charge of Speeding - Officer wants to file adjornment?
PostPosted: Mon Nov 25, 2013 8:08 pm 
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Joined: Sun Nov 24, 2013 2:39 pm
Posts: 2
Sounds good, thanks!


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