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Ontario Highway Traffic Act

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The Ontario Traffic Ticket Forum!


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PostPosted: Mon Mar 29, 2010 2:50 pm 
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Thanks guys for all your help,
I think I will go to the court to plead NOT guilty.

Best Regards to All.


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PostPosted: Mon Mar 29, 2010 2:57 pm 
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And one last questions to all of your experts?

If I setup a trial and don't show up if i am busy, what happens?????????

New trial is setup or I get convicted???????? And will this conviction be for original ticket or amended one if they do ask for amendment without me being present?

Thanks,


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PostPosted: Mon Mar 29, 2010 3:50 pm 
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And one last question to Fyrestorm, When a cop reduces a ticket at his discretion, should he not write some kind of code on the ticket itself that it was reduced cause the cop never mentioned anything to me about reducing the ticket.


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PostPosted: Mon Mar 29, 2010 4:42 pm 
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If you arrange a trial and do not show up you will be convicted in your absence.

Any plea in my opinion is begging (pleading) !!

A trial is at least a way to stand up for yourself !


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PostPosted: Mon Mar 29, 2010 7:24 pm 
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They can't amend without you present, that's why I say pay it or go, but be prepared for the larger fine and points.

Not sure about writing it on the ticket...the case law was succinct on that point. Did the officer tell you what the speed was at the time of the stop? That may be enough.

As for siriusone's comment, if standing up for yourself is more important that saving yourself money and points...they may be right. You should march on down there, assert your rights, don't take no for an answer....and if found guilty take your increased penalty and extra demerit points, cause lord knows, you wouldn't want to plead...sorry, that's just too funny...

A plea of not guilty isn't begging. It's a statement. Semantics really, but some people can't accept this!

Plea bargain, plea = equals your verbal election / statement. Bargain = to reduce pain, difficulty in exchange for your agreed statement.

We often see people go to court, work out a plea on a first appearance, then when the prosecution presents their evidence the court will ask "Ask the facts substantially correct?" The defendant will state, no sir but I want to get this over with so we agreed to that!"

The plea is struck from the record and the matter is put over to another day.

You lawfully can't plead to something you can't do, it's a manner of lying to the court, which I think way to many drivers do anyway...


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PostPosted: Tue Mar 30, 2010 5:05 pm 
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To Fyrestorm, when he says that if you don't attend trial and they will amend the ticket and convict you in your absense. That is unjust and prejudiced according to the case that you posted earlier. Atleast in that case, the prosecution told the defendant in advance.

I have nothing against the cops, but I believe they sometimes use their authority a little too much. Anyone try driving in 401 at a constant speed of 100km/hr and watch people tail gate you , show you fingers, try to knock you over and then change lanes and take over you with very short distance. Where is cops then? Every single day I go home and see almost all cars driving at 120km/hr or more on 401 and 400, not a single stop, but they will pull one person out and finish their quotas for the day. We all know, this is income coming to city, not really to stop the speeders.

The only reason I wanted to fight this case was because the cop chased me inappropriately and scared me. I changed lanes two times to let him, he changed lanes behind me and kep flashing me in middle of no where and pitch dark. Honest to God, I once thought to race and keep moving but he turned his lights on. Very inappropriate!

Thats my only two cents!


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PostPosted: Tue Mar 30, 2010 5:12 pm 
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But you got caught and got a break. Just because everyone else is doing it doesn;t make it right. Last time I checked the speed limit was 100km/h.


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PostPosted: Tue Mar 30, 2010 5:19 pm 
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Duke wrote:
The only reason I wanted to fight this case was because the cop chased me inappropriately and scared me. I changed lanes two times to let him, he changed lanes behind me and kep flashing me in middle of no where and pitch dark. Honest to God, I once thought to race and keep moving but he turned his lights on. Very inappropriate!


Already posted the reason for a delay in stops very common.

Did you keep moving to the right or back and forth (left/right)?

Obviously you have never been in backroads 6+ hrs out of the GTA and get stopped on a real backroad with trees, rocks, lakes and things. I've been in those spots, a single road in and out too. No street lights, just a moon and when the car was turned off the crickets and frogs could be heard and once I heard a wolf :shock:

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Last edited by hwybear on Tue Mar 30, 2010 7:43 pm, edited 1 time in total.

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PostPosted: Tue Mar 30, 2010 6:04 pm 
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If you don't show up you get convicted under section 9(1) of the provincial offences act, but they cannot amend if you aren't there...so you'll be convicted of what was on the certificate of offence.

As for your comment about over authoritative cops, that's why we have a court system and a professional standards branch and supervisors and a civilian complaints commission.

Like I said, if you get stopped going 30 over ($240 and 4 points) and the officer gives you a 15 over for $52.50 and no points, only a (no offence intended) knucklehead would fight that in court unless you can prove it was someone else...

The whole point of reducing it is keep officers on the road and not tied up in court rooms and speed along trial for people who require them in our already overburdened system. It's a not perfect, but it works in the DRIVER'S FAVOUR.

95% of the people I give a 15 over too, give me a shocked but genuine 'Thank You', after all, if we didn't give a rat's a$$, we'd let ya's all drive like hair on fire fools and just have body removal on standby.


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PostPosted: Tue Mar 30, 2010 7:48 pm 
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Duke wrote:
Anyone try driving in 401 at a constant speed of 100km/hr and watch people tail gate you , show you fingers, try to knock you over and then change lanes and take over you with very short distance. Where is cops then?

Please ask for us to be given true "unmarked cars" to enforce this driving behaviour, people put on their "halo" whenever a marked unit is near

Quote:
Every single day I go home and see almost all cars driving at 120km/hr or more on 401 and 400, not a single stop, but they will pull one person out.

Can only stop one vehicle at a time.
If you would rather more stops, petition the gov't to bring back photo radar.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Tue Mar 30, 2010 10:54 pm 
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FyreStorm wrote:
Like I said, if you get stopped going 30 over ($240 and 4 points) and the officer gives you a 15 over for $52.50 and no points, only a (no offence intended) knucklehead would fight that in court unless you can prove it was someone else...


Or the ticket bears a fatal error, or the evidence disclosed shows the officer made a big mistake.

Personally, if the officer reduces it to 15 km/h over, I'd just pay it and be on my way.

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* 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


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PostPosted: Fri Apr 02, 2010 7:45 pm 
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Folks, I was not driving at 130km/hr. I never drive at that speed. He told me he caught me at $120km/hr and gave me 115km/hr. I may have been driving at 110km/hr and tried to speed up when he was behind me flashing me and i kept changing lanes to let him go.


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PostPosted: Fri Apr 02, 2010 7:49 pm 
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About Fyrestorm comment on "THANK YOU". I did say thank you to the officer and he thanked me and told me "sorry for the rough midnight".


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PostPosted: Sat Apr 03, 2010 12:58 am 
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Duke wrote:
I may have been driving at 110km/hr and tried to speed up when he was behind me flashing me and i kept changing lanes to let him go.

The "changing lanes" was a huge part of your perceived thought that the officer was scaring you. Was probably trying to get you to the right most lane by flashing the highbeams and then once you got to the right lane was going to activate the red/blue for you to stop. (there is no requirement to stop for flashing white light, only red/blue). Once a vehicle is in the right lane it is a whole lot easier to stop the vehicle on the shoulder. The officer is mindful for not only you, but other traffic, therefore if you are in the middle lane, the officer has to also check the right most lane to be able to safely get you to the right. Add in that the middle lane could be overtaking the right lane and then the officer has multiple vehicles in the right lane to try and squeeze both himself and your vehicle into, then onto the shoulder.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Sat Apr 03, 2010 4:42 am 
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Hwybear,
You may be right, but there were only two lanes on that part of highway 400, i was on express lane, he came chasing me and I switch over to right lane thinking that he wanted to cross me , he got behind me on right lane , and flashed high beams, i switched to express lane again, he got behind me again and flashed again, then i switch to right most lane again, The son of a gun again flashed, and i switched to express lane again thinking that he wanted to cross me and now i was about to race and get the hell outta there, cuase i thought he was a drunk messing around cause it was midnight. At that moment he turned his red/blue/white lights on express lane and i gave a right indicator to pull over.

So As I said, the officer was not professional. He looked sleepy to me too. And believe it or not, he stopped me at 12:02 am and came back to hand me the ticket at 12:36 am. It took him 34 minutes to do a check up and write a ticket in which he even made a mistake on my birth day.

I will go to the court and if he shows up, i will tell him to be more professional at night chases and to write the ticket again with proper date of birth and send it to me and maybe then I will PAY the fine.


PS: I thought this forum was to get help in terms of fighting tickets, but looks like majority of the people don't give you any tricks here.


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