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Ontario Highway Traffic Act

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Speeding 146 in 100
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PostPosted: Tue Jan 18, 2011 12:16 pm 
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I just got a ticket on sunday for 146 in 100. The officer wrote the ticket for 140 in 100. I plan to fight the ticket but the officer did not put an offence date on the ticket. Is this an easy win.


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Re: Speeding 146 in 100
PostPosted: Thu Jan 20, 2011 1:08 am 
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No date is usually considered a fatal error.

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Re: Speeding 146 in 100
PostPosted: Thu Jan 20, 2011 8:34 am 
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Should I talk to the prosecutor when I take the ticket to the courthouse to let them know that I plan to fight the charge and have the charge dropped before I ask for a trial or wait until after I get a trial date and disclosure.


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Re: Speeding 146 in 100
PostPosted: Thu Jan 20, 2011 3:16 pm 
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Wait until at least 6 months after the date of the offence before you talk to the Prosecutor. Otherwise, the Prosecutor can withdraw the original charge, and have the officer show up and issue a summons for you to appear. What I'd do is this: Get the trial date, get disclosure, THEN warn the Prosecutor you plan on following the "London v. Young" ruling and will not appear. If they do not withdraw, tell them you will appeal it and get it quashed, so it's their choice: Easy way or hard way. If you do appear before the JP, they can amend the certificate.

In case you did not know, "London v. Young" was a ruling by the Ontario Court of Appeal that, when a ticket bears a fatal error, if the defendant fails to appear in court on the day of trial, or fails to respond to the ticket, the only option available to the presiding Justice of the Peace is to quash the certificate. If the JP fails to do that, it is to be appealed and then a Justice will quash it. No date should be a fatal error. If you're concerned about the appeal you could also consult a paralegal.

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