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Ontario Highway Traffic Act

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Doh - My trial is tomorrow - 4 points 80 in a 50
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PostPosted: Mon Jul 12, 2010 2:12 pm 
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Hey all, so I completely forgot my court date is tomorrow and am really hoping someone can help me out.

I have requested further disclosure to request typed notes and a copy or viewing of the manual and have not received this - what should I do?

The offense is sec 128 it appears to read 11.7.A...

I have the officers notes which I can make out bits and pieces of but not see clearly... what should I do?? My trial is at 9am :(

If you want to see a scan of the tix / notes I can send them over!

Thanks a mill guys - really need your help on this one!

PS anyone know where I can get a laser atlanta manual from?


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PostPosted: Mon Jul 12, 2010 2:29 pm 
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I actually just noticed that my set fine is $180 when the act says "is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit; and" which should be $210!! This is off of the e-laws website for the highway traffic act section 128, -- I read online the fine should be $6 under the Ontario Court of Justice... which is accurate, and what is the difference?


Do I show and argue with the prosecutor, take it to the judge or not show for the trial - there are very mixed views on this!

Pleaseeeeeeeeeee help :)

JJ


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PostPosted: Mon Jul 12, 2010 9:16 pm 
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The fine table found in the Act is what they can use at a trial to calculate your fine based on the speed you are convicted of. The other is the fine table for out of court settlements (tickets).

With regards to your court date tomorrow, you will have an opportunity to speak with the prosecutor in the morning before your trial - tell them about your issue and see what they say. If they can't or won't help you out then you can ask the JP for an adjournment based on the fact that the crown hasn't provided disclosure items requested. Be prepared to explain why you are unable to proceed without those items.

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http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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PostPosted: Mon Jul 12, 2010 9:22 pm 
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Simon,

Thanks for the quick answer... I am unclear of what you are telling me, if I have a fine of $180 for 30km/h over the limit, is that correct?

So when the officer gives a ticket its based on the out of court amount ($6.00), but when sentenced in court it will be the HTA fine ($7.50)?

Thanks,
JJ


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