Folks, My alleged offence is rather simple - speeding 134km/h in a 100km/h zone (quoted from the ticket). After reading all the vast troves of info here. I still have 2 pressing questions, in advance of my upcoming trial (where I may ask for an adjournment, to prepare my defence, as unexpectedly, I've received partial disclosure, a couple of weeks prior to the trial): 1. The ticket states "Highway Traffic Act" in the "contrary to" section - doesn't it have to list a specific subsection of the HTA to be valid? If I'm correct, then its invalid? 2. In the notes, the officer is claiming to have pulled over a different colour and make vehicle, than what I was driving. Only the model and license plate are correct. Am I correct in believing that this could be used to establish a lack of credibility, i.e. if you can't tell one make and colour from another, then how do you know it was me you wanted to pull over? All thoughts are highly appreciated.

Topic

34 over, subsection question and notes discrepancy

by: avialaw on

16 Replies

argyll
VIP
VIP
Posts: 888
Joined: Fri Jun 25, 2010 3:30 am

Posting Awards

Re: 34 over, subsection question and notes discrepancy

It all seems a bit arbitrary. I filed a ticket with 50 written in the "set fine of" box, you know, the one with the dollar sign in it and the JP quashed it because I hadn't written 50.00 and so my 50 could have meant 50 cents.......apparently. Different judge, different day, different outcome.

It all seems a bit arbitrary. I filed a ticket with 50 written in the "set fine of" box, you know, the one with the dollar sign in it and the JP quashed it because I hadn't written 50.00 and so my 50 could have meant 50 cents.......apparently. Different judge, different day, different outcome.

Former Ontario Police Officer. Advice will become less relevant as the time goes by !
avialaw
Newbie
Newbie
Posts: 13
Joined: Sun May 22, 2016 11:51 pm

Re: 34 over, subsection question and notes discrepancy

I've decided not to risk it, given what I've seen and heard the JP do for the first little while today, so I've gone the route of getting an adjournment charged to the prosecution, based on the so called disclosure I've received 2 weeks before the trial. The JP said I shouldn't expect to ever see an entire radar operating manual, but that my other points are valid. With this in mind, they've given me a trial date which falls short of a year (1 week less than 11 months after the original offence date), so I'm not sure how much I can play the 11b game...

I've decided not to risk it, given what I've seen and heard the JP do for the first little while today, so I've gone the route of getting an adjournment charged to the prosecution, based on the so called disclosure I've received 2 weeks before the trial.

The JP said I shouldn't expect to ever see an entire radar operating manual, but that my other points are valid. With this in mind, they've given me a trial date which falls short of a year (1 week less than 11 months after the original offence date), so I'm not sure how much I can play the 11b game...

Similar Topics