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Ontario Highway Traffic Act

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Re: Just got a speeding ticket - Question Regarding Fighting
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PostPosted: Mon Jun 30, 2008 7:12 am 
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momoney wrote:
I could got to court and the judge would!?!?!?

Judge is actually a JP (Justice of the Peace) who can not lower the ticket or demerit points. Having said that, you could always speak with the Prosecutor and see if you can have it reduced. If the prosecutor and you agree on a resolution, that will be brought before the JP. Just remember points are issued by MTO, nothing to do with courts.
momoney wrote:
1) If I fight the ticket and lose, do I get charged court costs or anything additional?
Yes, court charges are added onto the fine. Inquire with the court involved to see how much the court costs are.
momoney wrote:
2) On the ticket there is only one officer's name at the top (I'm assumeing last name) Do both officers names need to be on the ticket? and will both officers need to come to court?

Only the issuing officer's name would be on the offence notice. If in fact it was an "intercept program" both officers will be required for court. Sometimes the witness box (used for civilian witnesses) will be checked off in this scenario with the 2nd officers badge # , but this is not mandatory to do.

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PostPosted: Mon Jun 30, 2008 1:53 pm 
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I had the understanding that the court fees are added to the ticket whether you fight it or not, no??


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PostPosted: Tue Jul 01, 2008 9:41 am 
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Bookm wrote:
I had the understanding that the court fees are added to the ticket whether you fight it or not, no??


The ticket already includes the set fine, victim surcharge and court costs. Going to court doesn't cost any more (except your time).


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Re: Just got a speeding ticket - Question Regarding Fighting
PostPosted: Sat Nov 01, 2008 7:26 am 
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momoney wrote:
Just got a ticket - 120km in a 90 km -- that one KM extra doubles my fine and give an extra point.

This was a speed trap - going from 100 down to 90 - with one officer on the bridge and several cruisers waiting to pull people over. I'm not sure if they were using radar or laser as the officer came to my passanger side to avoid traffic and I could barely hear anything she was saying.

The officer said that it was against her policy to reduce roadside but I could got to court and the judge would!?!?!?



Agianst her policy? It’s against the law. Period.

If they reduce the speed how can you be convicted?

You cannot be convicted for something you didn’t do.

If they enter false evidence in court saying you were only doing 90 when you were doing 120 they are committing a criminal offence.

Fabricating evidence

137. Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

MISLEADING JUSTICE

Perjury

131. (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.



Application

(3) Subsections (1) and (1.1) do not apply to a statement referred to in either of those subsections that is made by a person who is not specially permitted, authorized or required by law to make that statement.

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PostPosted: Mon Nov 03, 2008 10:47 am 
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Wouldn't this mean that both parties of plea deal should be found guilty of an indictable offence?


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PostPosted: Mon Nov 03, 2008 11:43 am 
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No.

A plead deal prior to trial prevents the evidence from be heard by a Justice in a judicial proceeding.

Evidence that is used in a proceeding must be real evidence, not fabricated.

If the Crown were to even orally misreprent to justice in a proceeding that the driver was doing 90 when he or she knew they were doing 120 the Crown can be charged with perjury.

Perjury does not only occur under oath or in court proceedings, either.

If you lie to a cop during his or her investigation, you can be charged with perjury, as a cop is a person who is authorized by law to permit the statement to be made to him or her in the execution of their duties.

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PostPosted: Mon Nov 03, 2008 10:35 pm 
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ticketcombat wrote:
Bookm wrote:
I had the understanding that the court fees are added to the ticket whether you fight it or not, no??


The ticket already includes the set fine, victim surcharge and court costs. Going to court doesn't cost any more (except your time).


My fine went up when I lost. Two sets of fines....

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PostPosted: Fri Nov 07, 2008 4:09 pm 
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PART V of POA

GENERAL PROVISIONS

Interpretation

76 (3) In this section,

"document" includes a certificate of offence, certificate of parking infraction, a certificate requesting a conviction, an offence notice and a parking infraction notice.


Penalty for false statements

86. Every person who makes an assertion of fact in a statement or entry in a document or form for use under this Act knowing that the assertion is false is guilty of an offence and on conviction is liable to a fine of not more than $2,000.

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PostPosted: Fri Nov 07, 2008 10:51 pm 
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Reflections wrote:
ticketcombat wrote:
Bookm wrote:
I had the understanding that the court fees are added to the ticket whether you fight it or not, no??


The ticket already includes the set fine, victim surcharge and court costs. Going to court doesn't cost any more (except your time).


My fine went up when I lost. Two sets of fines....
I updated my site several times this week as I became aware of more information (Thanks lawmen for R. v. O'Neill, 2008). Set fines apply for out of court settlements. That's pretty clear. What isn't clear is whether the they can apply after the trial. R. v. O'Neill says Yes on the discretion of the justice. On my site (Step 5-->Sentencing) I list some of the points a defendant should cover to reduce the statutory fine and get the set fine or less!

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