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Ontario Highway Traffic Act

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Right to know location of Traffic Citation
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PostPosted: Thu Feb 25, 2010 11:03 am 
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I was hit by a radar doing 111 in a posted 80 km/h zone (highway had a passing lane on my side).

I note that my ticket states Hwy 7 - Asphondel - Norwood Twp, Peterborough County.

The cross road in which the cruiser was well marked with a road sign and on the ticket the location reference covers a 7 km. stretch of hwy. I would think that in a modern age of GPS I should have the right to know precisely the location of my infraction.

Can I get the ticket dismissed on this? FYI I have a 25 year clean driving record. The officer was a jerk


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PostPosted: Thu Feb 25, 2010 2:27 pm 
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Joined: Thu May 28, 2009 10:55 am
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Location: Toronto, Ontario
I'm not sure what the level of detail is required in terms of location on the ticket. Usually, the nearest intersection is indicated, but I don't think it's a fatal flaw.

It's likely written in his notes that you can obtain through disclosure. Fight the ticket and request disclosure. Also ask for copy of the radar manual and testing time of the radar unit that day.

Read up on this site and ticketcombat.ca

Your driving record and jerk factor have no bearing on the case.


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PostPosted: Thu Feb 25, 2010 3:20 pm 
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Location: In YOUR rearview mirror!
neo333 wrote:
I'm not sure what the level of detail is required in terms of location on the ticket. Usually, the nearest intersection is indicated, but I don't think it's a fatal flaw..


A "cross road" is not required on the offence notice it did not happen on another road. Only time I ever see a 2nd road is an intersection offence (ie stop sign, traffic light, turn etc..) but the 2nd road is still not mandatory as it happened on road "x"

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Fri Feb 26, 2010 1:34 pm 
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Location: Toronto
neo333 wrote:
I'm not sure what the level of detail is required in terms of location on the ticket. Usually, the nearest intersection is indicated, but I don't think it's a fatal flaw.


The road itself (e.g. Hwy 7) is good enough. You're absolutely right, not including the exact position/nearest intersection/etc is not a fatal error and will not get the charge tossed.

neo333 wrote:
Your driving record and jerk factor have no bearing on the case.


Very true. The only time a driving record would be a factor is in sentencing.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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