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Ontario Highway Traffic Act

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Speeding Ticket Without Speed nor Zone Limit on Offence
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PostPosted: Tue Dec 17, 2013 1:35 pm 
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Newbie

Joined: Tue Dec 17, 2013 1:12 pm
Posts: 1
Hello Forum,

I have a couple of questions/concerns regarding a speeding ticket I hope I can get some guidance for as follows:

1 - I was given a speeding ticket for speeding in a Community Safety Zone ($180 set fine) without listing any information regarding the speed I was travelling nor the speed limit in the zone where I was stopped (ex. 50km/hr in a 30km/hr zone - no such information is written on the ticket). The notice only states "Speeding" and refers to HTA section 128. I was planning to argue that this is a fatal error (unknown offence) and try to get it thrown out. Is there anything you see wrong with this strategy? Note that I have not asked for a discovery.

2 - I requested a trial date to fight this ticket which was scheduled for today, but I failed to show up on time (lady shut the door in my face and said the court time is over). I am now thinking of requesting to have the case re-opened by saying that I did not receive the notice. Is it possible that the ticket was dismissed by the JP based on the lack of speed and speed zone information on the offence notice? and are there any better options available?

Thanks for your help!


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Re: Speeding Ticket Without Speed nor Zone Limit on Offence
PostPosted: Tue Dec 17, 2013 1:43 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Search the forum for threads dealing with fatal errors. You DONT want a trial, since then your ticket can be amended. Hopefully the JP noticed the missing information and quashed your ticket.


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Re: Speeding Ticket Without Speed nor Zone Limit on Offence
PostPosted: Tue Dec 17, 2013 4:06 pm 
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Sr. Member

Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
Some angels were definitely looking out for you, this is the one time that not showing up to trial is in your favour. Sit tight and don't do anything, if you get a notice in the mail that you've been convicted and found guilty, you can then appeal with London v. Young that the Justice of Peace missed a fatal error.


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