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Ontario Highway Traffic Act

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Ripped Ticket
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PostPosted: Sun Oct 31, 2010 1:48 pm 
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The police officer ripped my ticket (79 in a 50) through his name when writing it. Does that qualify for a fatal error? Both copies would reflect this damage as it is a puncture with a pen.
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Dailydriver


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PostPosted: Sun Oct 31, 2010 10:07 pm 
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In my experience, the question the courts usually ask is, "Does the error negatively affect your ability to make a full defence to the charge?" If the answer is yes, the errors are usually considered fatal.

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PostPosted: Mon Nov 01, 2010 5:54 pm 
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Ripped ticket is probably not a fatal error.

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One more thing...
PostPosted: Thu Nov 11, 2010 11:18 pm 
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Thanks.
One more question.
I was rounding a corner and there were two large signs, and a cluster of about 4 trees blocking the officer's line of sight to the roadway, yet he used his speed measuring device through them anyways. The officer was already walking out on the roadway when I rounded the sign. I am just trying to round up some case law where the defence was won based on an obstruction to the device created reasonable doubt.
82 in a 50 zone, will lose my licence for 30 days due to the four points as I am a hybrid driver (GM2).
Thanks again,
Dailydriver


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PostPosted: Fri Nov 12, 2010 8:18 pm 
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Location: In YOUR rearview mirror!
You are classed as a full G licence, with addition of the M2

HTA OREG 340/94
9. (1) The Registrar shall, after giving notice, suspend or cancel the driver’s licence of a novice driver as provided in subsection (2) in the following circumstance:
(3) An offence under the Act set out in Column 1 of the Table to the Demerit Point Regulation for which the number of demerit points set out opposite thereto in Column 2 is four or more, regardless of whether or not demerit points have been recorded
10 (3) Subsection 9 (1) does not apply with respect to a conviction for an offence described in paragraph 3 or 4 of subsection 9 (3), if at the time of the offence,
(b) the holder of a Class M1 or M2 driver’s licence also holds a Class A, B, C, D, E, F or G driver’s licence

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PostPosted: Fri Nov 12, 2010 11:13 pm 
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Thanks for the reply Hwybear.
So basically... that means I won't lose my license? The MTO website implied otherwise.


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PostPosted: Sat Nov 13, 2010 12:26 am 
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dailydriver wrote:
I am just trying to round up some case law where the defence was won based on an obstruction to the device created reasonable doubt.


Not too sure of case law. Have you filed for disclosure yet? If so, one of the key components that they need to give you is access to the radar/lidar manual. If it says an absolutely clear line of sight is required, you may be in luck.

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PostPosted: Sat Nov 13, 2010 10:21 am 
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Thanks Radar,
Can I file for and receive disclosure before my first summons? Or do I have to wait until after that?


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Re: Ripped Ticket
PostPosted: Mon Nov 15, 2010 11:50 am 
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Location: somewhere in traffic
Request it now.............

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Re: Ripped Ticket
PostPosted: Mon Nov 15, 2010 4:54 pm 
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Agree with Reflections. If you have a court date and/or First Attendance date, go ahead and request it now.

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