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Ontario Highway Traffic Act

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Re: 66 in a permanently-posted 40 kph zone/CSZ
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PostPosted: Fri Nov 23, 2012 6:32 pm 
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The only trial I've seen was a disaster for the defendant but she had completely no clue what she was doing and instead of cross examining the officer she kept on repeating she wasn't going 'that fast'. It was a short trial. I was prepared but the officer didn't show so I didn't have a chance to test my defence strategy. Hopefully if you decide to go to trial you will be prepared. Ticketcombat has a mention of community safety zone here http://www.ticketcombat.com/step3/findact.php and mentions municipal by-laws. Is it possible the rsz is mentioned there? Also, maybe you can find something here http://canlii.ca/en/on/laws/stat/rso-19 ... -c-h8.html . Just scroll down to Community safety zones.


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Re: 66 in a permanently-posted 40 kph zone/CSZ
PostPosted: Mon Dec 03, 2012 10:21 pm 
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Thanks Pepsi,

Seems your colleague at TicketCombat was right about nothing to lose and everything to gain by requesting a trial, regardless of one's final intentions. I checked option 3 but, instead of receiving a trial date, got a form letter from the court stating that the ticket was being dismissed because the police did not file in-time!

The last sentence however was somewhat of a kill-joy: "The officer has the option to relay this charge". What exactly does this mean and can it affect me? Thanks again to you & other helpful posters for the insight & guidance.

Cheers

rayinbarrie


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Re: 66 in a permanently-posted 40 kph zone/CSZ
PostPosted: Wed Dec 05, 2012 6:05 pm 
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rayinbarrie, I don't know what the relay note means but my guess would be that the officer might go back to the court/judge and request that the ticket not be dismissed. Ticketcombat says ' A police officer has seven days to file all the traffic tickets he wrote.' Maybe the officer was sick or had some other issue that prevented him from filing on time. Imho. unless the officer really has it in for you he'll just let it go. So, cautiously optimistic congrats to you. Maybe some other members will be able to clarify it for you.


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Re: 66 in a permanently-posted 40 kph zone/CSZ
PostPosted: Wed Dec 05, 2012 6:36 pm 
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While the cop has to submit a regular ticket issued under part 1 of the Provincial Offences Act within 7 days, he has up to 6 months from the date of the offence to serve you with a summons issued under part 3 of the Provincial Offences Act. So theoretically you still could be served with a summons, however in practice that seems like a lot of effort for a minor speeding ticket so I think he probably won't bother.


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Re: 66 in a permanently-posted 40 kph zone/CSZ
PostPosted: Thu Dec 06, 2012 10:11 am 
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daggx, isn't part 3 of the POA only for serious violations? raybarrie's offence seems to fall into category 1. http://fightyourtickets.ca/law/ontario- ... ences-act/


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Re: 66 in a permanently-posted 40 kph zone/CSZ
PostPosted: Thu Dec 06, 2012 12:40 pm 
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Location: Ontario
The wording on that link is a little confusing. You can actually proceed by way of Part III summons for any offence. Common reasons why that I can think of:
1) Too much time has passed to serve regular ticket.
2) A mix of minor and more serious offences (i.e. 15 over and no insurance). In such a case all offences should be on Part III’s so they’re dealt with together.
3) A more serious punishment is being sought then the typical set fine.


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Re: 66 in a permanently-posted 40 kph zone/CSZ
PostPosted: Thu Dec 06, 2012 8:50 pm 
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Agree with Stanton. I issue a Part III for someone with multiple convictions for cel phone use.


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Re: 66 in a permanently-posted 40 kph zone/CSZ
PostPosted: Fri Dec 07, 2012 9:10 am 
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So, part 3 would be issued immediately for serious offences but can be issued later for a ticket that was originally issued under part 1 or 2? in other words, i could be summoned to court for speeding 5km if the officer failed to file the ticket within 7 days?


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Re: 66 in a permanently-posted 40 kph zone/CSZ
PostPosted: Fri Dec 07, 2012 8:44 pm 
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The simple answer is yes. But not likely to happen in that scenario. Even a Part I issued for the offence would probably incur the wrath of most court offices, prosectors and Justices.


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Re: 66 in a permanently-posted 40 kph zone/CSZ
PostPosted: Sat Dec 08, 2012 2:06 am 
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Technically I believe a Part 3 summons could be issued for any offence under the Provincial Offences Act, even minor stuff. However Part 1 tickets are preferred for most minor offences because if officers issued Part 3 summonses for everything the courts would not be able to handle the backlog.


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