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Ontario Highway Traffic Act

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96 km/h on 60 km/h zone
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PostPosted: Sat Jul 14, 2012 1:28 am 
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Joined: Fri Jul 13, 2012 6:27 pm
Posts: 7
Greetings,

On june 28, 2012 I was pulled over for exceeding the speed limit by 36 on a 60 km/h zone, and it was my first speeding ticket, driving on a downhill road and I must have lose track of my speed but no excuse I was the one behind the wheel so I obviously neglect my responsibility and I was not a safe driver at that time.

I went to the court house on 09/07/2012 to make a payment of $271.00 and understood that my record will have 4 points added and will stay for 2yrs (Mto) and will stay for 3 yrs on my insurance record at that time I felt like I only have 15 days to make a decision, luckily while I was in a line up waiting for my turn to be serviced by the administrative clerk I had a chance to observe around and discovered that most of the people that are being serviced dont know or forget the basic behaviour to be more human in front of a fellow human being.

Anyways when it was my turn I treated her (clerk) politely and respectfully and ask if where I could go to possibly lower the fine, and she told me about the points and insurance rate increase that I already know except when she mention that I have 30 days as suppose to 15 days time to think it through lol after she said the due date I almost wanna ask her out for a coffee or something, so I went home and did some kind of research of my own.

On 13/07/2012 Friday I went back but the nice clerk was not working, I filled out the Notice of Intent to Appear form for option #3 while I was driving home I realized that I did not get my ticket back the clerk did not gave them back to me, instead she only give me the sheet with the phone # to call back to if I dont receive my court date.

Well to make these long story short my speeding ticket don`t have the officers signature (handwritten depiction of his name) instead only a computer printed last name ex: Lastname, M.., I am hoping that the prosecutor will not discover the error... I am thinking Fatal Error? Can the JP Quash my speeding ticket? Can I be so lucky this way? I am not sure but hoping to hear or read some feedback from members with experience on this matter.

Thak you in advance to all


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Re: 96 km/h on 60 km/h zone
PostPosted: Sat Jul 14, 2012 8:56 am 
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Joined: Thu Aug 27, 2009 10:06 pm
Posts: 354
That is the official signature on a electronic ticket. It does not have to be signed again.

Therefore that is not a fatal error

Ops copper


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Re: 96 km/h on 60 km/h zone
PostPosted: Sat Jul 14, 2012 8:06 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
how exactly are electronic tickets are issued?

1) officer logs into a police software in his mobile cruiser computer
2) enters drivers license info?
3) checks to see if it's 10-60 (clear?)
4) punches the dl number in P.O.N. form, it autofills the info for the ticket?
5) ?

Questions
is there space for him to write his notes on the computer? tracking history... test times? or is that all written on a separate notebook?
does he print his own copy of the ticket? and his notes?
how exactly does the mobile computer info get transferred to the courts?


i know everyone is different, and i guess this information can be requested during x-examination


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Re: 96 km/h on 60 km/h zone
PostPosted: Sun Jul 15, 2012 12:37 am 
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Joined: Fri Jul 13, 2012 6:27 pm
Posts: 7
OPS Copper wrote:
That is the official signature on a electronic ticket. It does not have to be signed again.

Therefore that is not a fatal error

Ops copper



Oh well I was hoping that it was an fatal error, but how could it be official signature if there is no handwritten signature to officially prove that he was there himself that pulled me over not a robot no phun intended. But if he printed out 2 tickets 1 for me and 1 for him and he added his own handwritten signature on his own copy that would be fine because it will become a positive statement, but he will be issuing 2 tickets for every car that he pulled over because there were 4 cars that were lined up on the street they were using on that day who knows maybe more before I got pulled over.

iFly55`s post raise great questions though ty for the feedback gentlemen..


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Re: 96 km/h on 60 km/h zone
PostPosted: Sun Jul 15, 2012 12:44 pm 
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Joined: Thu Aug 27, 2009 10:06 pm
Posts: 354
Notes are depend and on officer. Some use the electronic part and others use the notebook. Yes there is a spot for test times. The rather of the description is how it is done.

There is a section in the hta that deals with the electronic signature.
I
With e ticketing a specific officer is the only one logged on. That gives the " ensure the officer served it". Plus we will testify we served it. Plus my last statement is pon served on driver/charged person.

So far e tickets without signatures have stood Up.


Ops

Note we do not print a second copy to sign and turn in. Ours are transferred electronically immediately from the cruiser


Note we do not print a second copy and sign f


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Re: 96 km/h on 60 km/h zone
PostPosted: Sun Jul 15, 2012 6:23 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
@trytobeydlimit, you might want to read this

City of London v. Caza, 2010 ONSC 1548 (CanLII): http://canlii.ca/t/28kt5


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Re: 96 km/h on 60 km/h zone
PostPosted: Mon Jul 16, 2012 12:23 am 
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Joined: Fri Jul 13, 2012 6:27 pm
Posts: 7
iFly55 wrote:
@trytobeydlimit, you might want to read this

City of London v. Caza, 2010 ONSC 1548 (CanLII): http://canlii.ca/t/28kt5



TY for the link iFly55, that was very informative I guess my only option is to wait for my court date and first attendance with the prosecutor if I ever get one and accept the best deal he/she will offer.


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Re: 96 km/h on 60 km/h zone
PostPosted: Mon Nov 12, 2012 2:54 am 
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Joined: Fri Jul 13, 2012 6:27 pm
Posts: 7
Greetings everyone,

I just wonder if an Malfunction Indicator Light (MIL) on my dashboard can be used as a defence of necessity because that was the reason I lose track of my speed in the first place..just remembered it trial will be on Dec. 3 but I requested a disclosure request on Nov. 3 well see what happens, maybe I will apply for a stay if I don`t get the disclosure request before Dec. 3.

Thank you.


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Re: 96 km/h on 60 km/h zone
PostPosted: Mon Nov 12, 2012 2:03 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
A defence of necessity would be something where your life is in danger and you had no choice but to break the law. Being distracted by a warning light would not fit that definition.


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Re: 96 km/h on 60 km/h zone
PostPosted: Mon Nov 12, 2012 6:01 pm 
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Joined: Fri Jul 13, 2012 6:27 pm
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Thank you for clarifying that thought Stanton I will scratch that from my list.


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Re: 96 km/h on 60 km/h zone
PostPosted: Mon Dec 03, 2012 11:40 am 
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Joined: Fri Jul 13, 2012 6:27 pm
Posts: 7
Just got back from my scheduled trial date but the courthouse building is closed and I was told by the security guard to leave, I don`t see the cop that charge me of speeding or any prosecutor and justice of peace. The security guard told me the building is closed could I be this lucky and not get convicted because I showed up but nobody was there?

Pls. advice, ty.


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Re: 96 km/h on 60 km/h zone
PostPosted: Mon Dec 03, 2012 11:59 am 
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Joined: Fri Jul 13, 2012 6:27 pm
Posts: 7
Called my City Provincial offences office and was told that they will reschedule the trial date could I use this as unneccessary delay I was not told of any reason why the building is closed though.


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