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Ontario Highway Traffic Act

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Reduced but not reduced?
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PostPosted: Mon Jun 02, 2014 1:06 pm 
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Newbie

Joined: Mon Jun 02, 2014 12:55 pm
Posts: 1
Hi all,

Have something to run past you.

An officer tagged me saying I was doing 75 in a 50 zone. He wrote up a ticket and I'm positive he said he reduced it to 15 over when he handed it to me. Upon inspection of the ticket I noticed it was issued as 70 in a 50, not matching what he had said.

Would the officer have wrote the reduction he issued in his notes?

If there is a discrepancy between is noted reduction and the ticket, would there be grounds to have the charge dismissed if I took it to trial?

Thanks for any input.

Cheers


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Re: Reduced but not reduced?
PostPosted: Fri Oct 24, 2014 11:12 pm 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
I suggest you choose Option 3 NOT GUILTY and want TRIAL with OFFICER PRESENT.

Once you get trial date, then request DISCLOSURE from the Crown, which will include the Officers notes (there are a few sites that will tell you how to write that).

Then call provincial offences office and ask them what date the officer filed the original Certificate of Offence with their office. He MUST do it within 7 days or it is a fatal error that can get the ticket thrown out.

Once you get disclosure, read it carefully.

If you think there is nothing you can do and you just want to pay it, then send note to Crown and say you want to change plea to Guilty and just pay.

It will cost you the same either way, but this way you get to see the officers notes and make sure he did not mess them up.

If you end up going to trial, the crown will ask Justice to raise charge back to 75 in 50 anyways, but if officer made mistake in his notes that will not be enough by itself to get ticket thrown out.

_________________
+++ This is not legal advice, only my opinion +++


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