fatal errors?

fortec_man
Newbie
Newbie
Posts: 20
Joined: Tue Oct 06, 2009 3:20 pm

fatal errors?

by: fortec_man on
Tue Jan 11, 2011 2:16 pm

Hi there, quick question......

Got a ticket for 24 over, but I've noticed a few things with the ticket and am wondering if they're fatal errors...

1) It was in a community safety zone, but the charge just says speeding 74km/h in a posted 50km/h zone.... nothing about the community safety zone, and it's the regular fine, not the csz one

2) The location only says Hurontario St..... no cross streets or direction of travel....

are either of these enough to get the ticket quashed?


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Moderator

by: hwybear on
Tue Jan 11, 2011 4:41 pm

To me the missing of the community safety zone on the offence could be like using discretion and lowering the ticket to a regualr speed as the fine is a lot less??

2 - there is no cross road req'd for a non-intersection offence....and unless the road name requires a direction to distinquish it from the other end of a city (ie: David Street South), does not matter if a direction is missing......then would get into my gps says this, the map says that, my car says this direction, true north is here, well it is NE not north....etc...
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


CAROL
Newbie
Newbie
Posts: 22
Joined: Fri Apr 09, 2010 4:00 pm

by: CAROL on
Tue Jan 11, 2011 9:45 pm

hwybear wrote:2 - there is no cross road req'd for a non-intersection offence....and unless the road name requires a direction to distinquish it from the other end of a city (ie: David Street South), does not matter if a direction is missing......then would get into my gps says this, the map says that, my car says this direction, true north is here, well it is NE not north....etc...
Just Curious. If it said "Hurontario Street, Dufferin County" would it be fatal? There are two separate unconnected streets that fit this description.


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Moderator

by: hwybear on
Tue Jan 11, 2011 10:07 pm

CAROL wrote:
hwybear wrote:2 - there is no cross road req'd for a non-intersection offence....and unless the road name requires a direction to distinquish it from the other end of a city (ie: David Street South), does not matter if a direction is missing......then would get into my gps says this, the map says that, my car says this direction, true north is here, well it is NE not north....etc...
Just Curious. If it said "Hurontario Street, Dufferin County" would it be fatal? There are two separate unconnected streets that fit this description.
ha...come to think of it...I have a Highway in my area that has 3 different sections of it, going thru 2 different towns, but has same highway name in all sections, all going thru one municipality. Just use the Highway 00 for anywhere on it. Only difference for me is a different cross road in my notes, not on offence notice.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


viper1
Sr. Member
Sr. Member
Posts: 502
Joined: Mon Oct 20, 2008 11:31 pm

by: viper1 on
Wed Jan 12, 2011 12:38 am

CAROL wrote:
hwybear wrote:2 - there is no cross road req'd for a non-intersection offence....and unless the road name requires a direction to distinquish it from the other end of a city (ie: David Street South), does not matter if a direction is missing......then would get into my gps says this, the map says that, my car says this direction, true north is here, well it is NE not north....etc...
Just Curious. If it said "Hurontario Street, Dufferin County" would it be fatal? There are two separate unconnected streets that fit this description.
If the street is in the wrong jurisdiction maybe the court does not cover it.

Good luck
Cheers

Viper1
"hang onto your chair when reading my posts
use at your own risk"


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Wed Jan 12, 2011 1:49 pm

Enough to get it quashed... probably not. It does specify a valid location. You could argue that you've been misled by the ticket and it is not specific enough, but I'm not really sure that will work.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Post Reply
  • Similar Topics

Return to “Exceeding the speed limit by 16 to 29 km/h”

Who is online

Users browsing this forum: No registered users and 1 guest