Here is a snapshot of what happened I was pulled over in January 2010 in Niagara region going 110 in an 80. The officer is not overly friendly and asks if I've been drinking. I say no. The officer issues me a ticket for 100 in an 80km. This ticket is handed to me. I tell the officer I don't think I was going that fast and plan on challenging the evidence in court. He TAKES the ticket back from me and issues a second ticket for 110 in an 80. The first ticket is never filed. I attend court in December 2010. I explain the situation but the JP says he does not care about the first ticket and is focusing on the one I've plead not guilty to. I have a short trial and all parties ignore the first ticket. I am convicted for going 110 in an 80. I appeal the conviction and have appeal court on May 30. I will again try to explain the chain of events that resulted in the second ticket being issued. Thoughts?
Here is a snapshot of what happened
I was pulled over in January 2010 in Niagara region going 110 in an 80.
The officer is not overly friendly and asks if I've been drinking. I say no.
The officer issues me a ticket for 100 in an 80km. This ticket is handed to me.
I tell the officer I don't think I was going that fast and plan on challenging the evidence in court.
He TAKES the ticket back from me and issues a second ticket for 110 in an 80. The first ticket is never filed.
I attend court in December 2010. I explain the situation but the JP says he does not care about the first ticket and is focusing on the one I've plead not guilty to.
I have a short trial and all parties ignore the first ticket. I am convicted for going 110 in an 80.
I appeal the conviction and have appeal court on May 30. I will again try to explain the chain of events that resulted in the second ticket being issued.
Not really sure about the rescinding of one ticket and issuing another in its place... If you go to trial, the Prosecutor can simply advise the JP that they are seeking the original speed that you were alleged to have been doing. I think the best answer is probably found under the Provincial Offences Act and case law related to it. (Simon Borys feel free to chime in here...) Truth be told, I'm not sure that the officer did something completely improper. Trying to explain the officer issuing one ticket, then giving you another with the original speed you were alleged to have been doing, does not provide a defence to the charge of speeding.
Not really sure about the rescinding of one ticket and issuing another in its place... If you go to trial, the Prosecutor can simply advise the JP that they are seeking the original speed that you were alleged to have been doing. I think the best answer is probably found under the Provincial Offences Act and case law related to it. (Simon Borys feel free to chime in here...)
Truth be told, I'm not sure that the officer did something completely improper.
Trying to explain the officer issuing one ticket, then giving you another with the original speed you were alleged to have been doing, does not provide a defence to the charge of speeding.
* 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
It's not a malicious prosecution. The one argument which you could possibly make (and I haven't researched any case law on this) is that, under s. 3(2) and 3(3) of the POA, the officer must fill out a ticket and serve it personally on the defendant within 30 days. This initiates a proceeding. Once this is done (which one could argue it was in your case if the officer wrote the ticket up and handed it to you), I don't think the officer has any authority (at least not that I can find in the POA) to retract that ticket in order to change it. If he wants to do so for some reason, the correct approach would be to issue a corrective summons on you at a later date. So the 1st ticket was issued, but not filed within 7 days as required by POA s. 4, so it was not before the courts for you to answer to and the second ticket issued moments later could be considered void for duplicity, as it's essentially the same charge, arising out of the same circumstances, as the first one. If ticket 1 was not properly before the courts for you to answer to and ticket 2 should have been quashed for being a duplicate of #1, then your argument could essentially be that the JP erred in proceeding with a trial since there should have been nothing for you to respond to. The argument would be something to that effect anyway...I haven't really thought it out fully.
It's not a malicious prosecution.
The one argument which you could possibly make (and I haven't researched any case law on this) is that, under s. 3(2) and 3(3) of the POA, the officer must fill out a ticket and serve it personally on the defendant within 30 days. This initiates a proceeding. Once this is done (which one could argue it was in your case if the officer wrote the ticket up and handed it to you), I don't think the officer has any authority (at least not that I can find in the POA) to retract that ticket in order to change it. If he wants to do so for some reason, the correct approach would be to issue a corrective summons on you at a later date.
So the 1st ticket was issued, but not filed within 7 days as required by POA s. 4, so it was not before the courts for you to answer to and the second ticket issued moments later could be considered void for duplicity, as it's essentially the same charge, arising out of the same circumstances, as the first one.
If ticket 1 was not properly before the courts for you to answer to and ticket 2 should have been quashed for being a duplicate of #1, then your argument could essentially be that the JP erred in proceeding with a trial since there should have been nothing for you to respond to.
The argument would be something to that effect anyway...I haven't really thought it out fully.
I appreciate the advice. I'm handling this matter unrep'ed. I will review this with the JP and present these points to the judge. Hopefully it's a) thrown out on the spot or b) a second trial date is set. I'll post the results next week. Thanks.
I appreciate the advice. I'm handling this matter unrep'ed. I will review this with the JP and present these points to the judge. Hopefully it's a) thrown out on the spot or b) a second trial date is set. I'll post the results next week. Thanks.
A reduced ticket is completely officers discretion. If someone is an ass why should I exercise that discretion. I have done the same and will do the same in the future. But since everyone fights every speeding ticket I pretty much do not reduce them anymore. ( when I do reduce it is to disobey sign by-law). If someone wants a ticket with no points I let the Crown or JP make that decision not me. GS
A reduced ticket is completely officers discretion. If someone is an ass why should I exercise that discretion. I have done the same and will do the same in the future.
But since everyone fights every speeding ticket I pretty much do not reduce them anymore. ( when I do reduce it is to disobey sign by-law). If someone wants a ticket with no points I let the Crown or JP make that decision not me.
You were driving 110 in an 80. The officer likely reduced it to 100 in an 80 to save you the 4th demerit point and having a major infraction on your record. You complained, so he wrote you a ticket for the full infraction, which he can do if you dispute the reduced infraction. If you dispute a reduced charge, they will seek the full charge. The judge won't accept your complaint because you have recourse. It's really that straight-forward.
You were driving 110 in an 80. The officer likely reduced it to 100 in an 80 to save you the 4th demerit point and having a major infraction on your record. You complained, so he wrote you a ticket for the full infraction, which he can do if you dispute the reduced infraction. If you dispute a reduced charge, they will seek the full charge. The judge won't accept your complaint because you have recourse. It's really that straight-forward.
*Edited by forum*. If I feel I wasn't speeding and choose to tell the officer issuing me the ticket I plan to challenge his evidence in a court of law I will. Its my right. Also edited by forum.
*Edited by forum*. If I feel I wasn't speeding and choose to tell the officer issuing me the ticket I plan to challenge his evidence in a court of law I will. Its my right. Also edited by forum.
You were driving 110 in an 80. The officer likely reduced it to 100 in an 80 to save you the 4th demerit point and having a major infraction on your record. You complained, so he wrote you a ticket for the full infraction, which he can do if you dispute the reduced infraction. If you dispute a reduced charge, they will seek the full charge. The judge won't accept your complaint because you have recourse. It's really that straight-forward.
I would appreciate ANY help I can get for my daughter. She was just involved in a 1 car crash. It was this past Thursday on Richmond St. by Western Road. Roads were VERY bad. It was 6:20am and she was driving to work. We live out in Lucan and when she got into London (as usual) the roads were horrible. She pretty much slowed down to…
I was ticketed for following to close by aircraft and pulled over by a cruiser. So here goes the story, travelling on the #138hwy which is a one lane hwy going south and another lane going north(posted speed of 80 km). I was tavelling north, when I came upon 3 other vehicles following each other. So I would be the fourth vehicle, I then proceeded to pass the vehicles (I had the dotted line and…
I am new to this forum, and have a couple of questions.
I have noticed in speeding trials that police officers always testify that they visually observed the vehicle traveling at a high rate of speed (sometimes they state what their estimate was) and then they turned on the radar and confirmed this high rate of speed...(funny, its almost always the same as the radar speed - but I digresss)
i am 25 with a G2 Drivers license. had a lot to drink saturday night. woke up the next morning and drove home around 1pm sunday. got pulled over for speeding, police officer smelled booze had me blow a breathalyzer. i blew 0.035 . he aloud my passenger to drive my truck home. he gave me 2 tickets . 1 for speeding infractions and the other for Novice driver b.a.c over 0%. now the…
Its been around 32 days I had a horrific accident on the highway in Ontario. Luckily I survived in one piece. Just after the accident Officer told me he is gonna charge me and he will talk to me in the hospital but its been over a month no one contacted me. The story that I told the officer on the scene of accident - I was trying to change the lane and someone honked at me, I remained in my lane…
I got a ticket the other day for following too close and have scheduled a meeting with the prosecutor and am wondering if there is a possibility of a lighter charge that they could knock it down to because I really don't feel this is worth 4 demerit points.
Here's the situation:
It was in a known speed trap area in town and I had actually consciously thought that the police might be out at this…
Ok so my brother in law was caught the other day after he drove into a ditch for driving while having a suspended license. His license was suspended due to a seizure he suffered months ago. So not only was his license suspended but he was found to have a BAC of 3x the legal limit. He is scheduled to appear in court on January 17 2017. I have done research and I can find info about driving…
Is that true that you cannot make a verbal motion to stay the process at the trail anymore? I did not receive a disclosure, so I was trying to go this way, but it looks like the only option I have is to ask fo adjournment. Could anyone confirm? My trial is on Tuesday.
So I received a letter today saying that I need to meet with the Ministry to discuss my driving record. The standard 9 points interview letter. Currently, I have 4 points on my record, but I hit 9 in September (5 points expired that end of that month, and I got convicted of a 49 over which put me at 9). So what I'm trying to figure out is what happens at this meeting usually? Any info would be…
Last week I was driving though downtown and because of the slippery / wet conditions could not stop when the light was turning yellow to red and slid in to the intersection. I was hit by another car (near the headlamp). None of us were injured, there was significat damge to the cars. The air bags did not deploy.
I was given a ticket that reads : Red Light - fail to stop - H.T.A sect 144 (18) Fine…
If you ask, at the time of the offence, does the officer have to provide the offender with proof that they were going 50km/h over the posted speed limit? (I think I know the answer to this already)
Is it possible for an officer to pull over someone doing 49km/h, in a 50km/h zone, and charge them with speeding 50km/h over the posted the speed limit?
A few recent posts had me confused about the options you can pick on the back of tickets. Looks like there have been some changes made as of March 31st, 2012.
Option 1 - Plea of Guilty
Option 2 â Early Resolution (Meeting with Prosecutor)
Option 3 â Trial Option
So it looks like Option 2 no longer locks you into a guilty plea and allows for the pre trial resolution.
Hi my son was in a fender bender this morning. He has been charged with Following Too Close. He is 17 - got his G2 only 1 month ago although he has been driving for over a year. Would it be worth fighting this ticket to get it reduced? Will reducing the points help with his record and insurance? Would like some advice. Thank you.
I got ticketed for a slight bump and its a funny story.
In one of my university courses, there was this girl I had a crush on and she was just so cute and seemed so nice, like literally so kind and fun. I have barely spoken to her before and I'm kind of shy and don't have many friends and find it hard to socialize but I'm a nice person. I've only had one girlfriend before for a short time years…
Hi everyone! I hope someone may have some knowledge on my situation. Thanks in advance for taking the time to read this.
So I went in to court to fight my ticket but by the time they got to me, they simply rescheduled me for another date. I made it clear that I wanted to have my trial today and not on another day. At a standstill, and with no other options presented to me, I accepted a new…
I received a speeding ticket today (73km in a 50km zone). The ticket has all the correct information, the only missing information is the SET FINE and the TOTAL PAYABLE, both of these items have nothing written in the boxes.... Any advice on how to proceed with a ticket with this issue?
Ticket Scenario:
I was going down a hill with a car in front of me (2 lane street). The police officer was in…
Hi there. Back in October 2019, I received a ticket for driving while holding my cellphone (ticket states "drive, handheld device"). I was using voice to text while my phone was in the centre console but when I approached the red light, it wasn't capturing my voice so I lifted my phone so the speaker could hear my voice.
Anyway, I opted for an early resolution meeting because I honestly cannot…
having a leisurely afternoon drive with the family (wife, 5 & 3 year old sons) to the library. coming up the intersection I went into the right hand turn lane began slowing down as the vehicle in front of me slowed down. All of a sudden he stopped, I said (Oh, s&*t, wife heard it) and slammed my brakes and we collided. His car then rolled a good…
I've been reading this forum for the past few weeks and have taken some actions that seemed like the right thing to do - yet i'm still scared
What happened was the following:
Fathers day, i took the car (I rarely drive as I'm from Guelph - only reason i drove that day was to get my dad a gift...) i was doing around 70 and the light was about to turn yellow so i sped up a bit...
Hello, wasn't exactly sure where to post this. Got pulled over yesterday, I'm a G2 class driver(23 years old) and I blew a warning and received a ticket for $110 for B.A.C. over zero - novice driver. The officer suspended my licence for 3 days. Had a couple of questions:
1. I'm right in understanding that I'll have my license suspended again by the MTO for 30 days?
Last week, around 9:30 at the Britannia water purification plant (Ottawa), undercover cops put on their lights. I was outside of my mom's vehicle (van) about to go for a simple #1 in the bushes (even had a bunch of tissues in my hands) when one officer asked me what I was doing (my bf was also in the passenger seat). I told him I was going in the bush and was waiting for friends. He then…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Alright, so i had gotten a ticket and had my license suspended for driving with a BAC above zero, with a G2. I got a 3 day suspension, and a $110 fine.
So i have already paid both the $110 fine, and have gotten a letter from the mto saying my license was reinstated once i paid the $150 reinstatement fee. and now a month later, i get a letter saying as of Aug 30, 2010 my license is suspended for 30…
