Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 4 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Wrong municipality?
Author Message
PostPosted: Fri Mar 02, 2012 12:09 am 
Offline
Newbie

Joined: Thu Mar 01, 2012 12:47 pm
Posts: 4
Got clocked and fully booked 23km/h over by a TPS officer on the north side (westbound) of Steeles Ave E (the border of Markham and Toronto)... I have been living in the area for 15+ years and it's the first time seeing (and unfortunately fell victim to :cry: ) a speed trap set up there.

Does a TPS officer have a juridical power to operate a speed trap in York Region? Technically everything happened in Markham: the location of the speed trap (off an office building's driveway north of the street), my travel path and the subsequent pull-over (north side of the street).

Secondly is the ticket itself. The officer cited the location as the building he operated the speed trap, which bears a Markham address (I've checked Canada Post to verify). Being a ticket issued by the City of Toronto the word Toronto is preprinted as Municipality. The printed word "Toronto" was again pen-circled by the officer. (To be technically correct I guess he could have crossed it and wrote Markham instead).

What is the prospect of having the case dismissed? I know that a mere location error does not make it fatal but it's more about it being handled by an officer and court "out of juridiction" (at least practically, the provincial offence courts (and $) are offloaded to municipals now).


Top
 Profile  
 
Re: Wrong municipality?
PostPosted: Fri Mar 02, 2012 1:00 am 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Police in Ontario can enforce the law anywhere within the Province. So while your situation isn't normal, the officer does have authority to conduct speed enforcement outside the municipal boundaries of Toronto. Was the location right near the Toronto/York border?


Top
 Profile  
 
Re: Wrong municipality?
PostPosted: Fri Mar 02, 2012 1:22 am 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
I was reading through the Provincial Offences Act for clarification on your second question. While normally trials must be held in the jurisdiction in which the offence occurred, there is the following exception:

Quote:
A proceeding in respect of an offence may be heard and determined in a county or district that adjoins that in which the offence occurred if,
(a) the court holds sittings in a place reasonably proximate to the place where the offence occurred; and
(b) the place of sitting referred to in clause (a) is named in the summons or offence notice.


So in short, Toronto Courts likely can deal with an offence that occurred in Markham.


Top
 Profile  
 
Re: Wrong municipality?
PostPosted: Fri Mar 02, 2012 1:54 am 
Offline
Newbie

Joined: Thu Mar 01, 2012 12:47 pm
Posts: 4
Thanks for your response Shanton. Yes it's right near Toronto/York border where TTC runs instead of YRT :wink:

So should I not even bother to raise the address error in court? Or is it possible to motion for an adjournment at the Crown's fault while this error is corrected during the trial? (which is advantageous for being in Toronto court :twisted: )

Also about disclosures... should I request disclosure right after I file my intention to appear in court, or after I received my trial notice? What are the advantages/disadvantages of both?

I don't mind paying the full fine but I want take these procedures as a life learning experience, and who knows when will my next traffic ticket be (it seems any reasonable people could commit minor traffic infractions as easy as committing gramatical mistakes). Haven't had a ticket for the past 6 years - last one was a disobey sign which I took to a paralegal, not sure what he did but I got my conviction notice after 20 months :( - this time decided to fight for myself...


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 4 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. right turn - mistake in municipality - Proctor/Bayview

snipes1974

1

544

Fri Mar 11, 2011 3:39 pm

Stanton View the latest post

There are no new unread posts for this topic. Attachment(s) Disobey Sign 182(2) - Municipality of Markham

n_rider

9

1476

Sat May 14, 2011 6:39 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Disobey Sign HTA 182 (2) - Municipality of Toronto

Morena

7

8090

Wed Jun 22, 2011 3:10 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Wrong name, wrong address, wrong gender, no DL# on ticket

kegman1

8

525

Sat Jan 07, 2017 9:47 pm

ynotp View the latest post

There are no new unread posts for this topic. Wrong Address on Ticket - Resolution/Conviction wrong addres

Fatrick

4

599

Tue Jan 19, 2016 1:30 pm

jsherk View the latest post

There are no new unread posts for this topic. Wrong gender / wrong set fine - 22km over

Romes

11

1434

Sat Mar 05, 2011 6:24 pm

Stanton View the latest post

There are no new unread posts for this topic. Was I wrong?

driver623

1

1056

Tue Jul 16, 2013 11:08 pm

iFly55 View the latest post

There are no new unread posts for this topic. Wrong Date and 40 over

Mr. Freeman

4

661

Tue May 19, 2009 8:30 pm

ticketcombat View the latest post

There are no new unread posts for this topic. Wrong Info?

bob-boy

0

282

Tue Mar 23, 2010 12:39 am

bob-boy View the latest post

There are no new unread posts for this topic. Was this person wrong?

puzzled

1

327

Sat May 28, 2011 9:30 pm

nerd View the latest post

There are no new unread posts for this topic. 53 Over Down To 49 - Wrong Car!

Robar1717

1

539

Sat Jul 09, 2011 2:04 pm

viper1 View the latest post

There are no new unread posts for this topic. Wrong last name on ticket

kayleighicious

4

733

Fri Aug 12, 2011 10:18 am

kayleighicious View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.