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Ontario Highway Traffic Act

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Officer forgot to give me my ticket
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PostPosted: Mon Oct 15, 2012 5:06 pm 
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Joined: Mon Oct 15, 2012 4:52 pm
Posts: 1
This is a long story and very interesting case.

I was driving in Mississauga going north on Mavis road two blocks from highway 403. There is a light right before the highway and I needed to get into the right lane to take the exit. So I signalled my lane change and as I was turning into the lane I switched my turn signal off. So I was about half way through when I switched it off. I stopped at the lights. Then when lights are green I started driving. There were cars at the lights ahead of me so I couldnt have driven that fast. Anyways the car I changed lane infront of was an undercover cop. He pulled me over.

I gave him my license and insurance but could not find my registration. He went back to his car and came back 20 mins later with 3 tickets.
1- failure to signal lane change
2- failure to carry vehicle registration
3- speeding 95 in a 50 zone

Now while I was waiting for him I found my registration. So he wanted to keep the ticket for the registration but ended up keeping the ticket for the speeding. I noticed this but didnt say anything as I thought this is a gift from the heavens. So I drove off with a failure to give turn signal and failure to provide vehicle registration. He did not hand me my speeding ticket. The only reason I know I have a speeding ticket with 95 in a 50 is because he verbally said so.

Theres no way I could have gone that fast. There was a car infront of me and he stopped me less than 150 yards from the lights. I usually speed and I believe in karma but it makes me sick that he lied and said I was doing 95 in a 50 zone. This is in heartland area on a saturday at noon, theres a costco there and many many stores around. Theres no way I could have gone faster than 60 with a car infront of me within 150 yards. Just makes me sick that he would lie/exagerate.

So question is:

Is a speeding ticket valid if the police officer does not hand it to you?
Will I be receiving the ticket in the mail?
If I dont receive the ticket in the mail can I assume he threw it out or just decided not to bother since he didnt hand it to me?
If I do receive it in the mail can I go fight it with the argument that the ticket is null and void since he did not hand it to me?
What about the registration ticket. I have him recorded on my iphone (I turned on voice recording) saying "Oh you do have your registration". Will I be able to use that in court or does recording someone without them knowing not allowed?
Also, I did signal the lane change but turned it off halfway, I dont really care about this ticket but it would be nice to fight it as well.

As you can see this is kinda weird situation. I would appreciate your feedback. Does anyone know where I can find the Ontario Traffic Act section that describes the validity of a ticket? For example, the office has to put his name on it, it has to have certain info, officer has to witness the infraction, officer has to give the ticket to the driver... etc.


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Re: Officer forgot to give me my ticket
PostPosted: Mon Oct 15, 2012 8:35 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
1) Speeding tickets can't be served by mail. There is an exception for photo radar tickets, but that doesn't apply in your case.
2) Possibly. The officer has 30 days to serve the offence notice on you, or up to six months to proceed by way of summons. Typically though if you're not served at the side of the road they probably won't bother unless it's a serious offence.
3 & 4) You won't receive it in the mail.
5) The section requires you provide your registration "upon demand" so the fact that you eventually found it doesn't make the charge null and void. Did you initially tell the officer you didn't have it? How long did it take you to find it? Did the officer provide you with any opportunity to find the document? It would basically be an argument for Court about whether you had a reasonable opportunity to comply with the officer's demand.


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Re: Officer forgot to give me my ticket
PostPosted: Thu Oct 18, 2012 6:03 pm 
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Joined: Sat Oct 13, 2012 12:49 pm
Posts: 7
Location: Toronto, Canada
lol. That's hilarious.

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