Charged With Hta 136 1 9 Disobey Stop Sign, Failed To Stop

Failing to obey a stop sign - Highway Traffic Act section 136(1).
Post Reply
mel
Newbie
Newbie
Posts: 8
Joined: Fri Aug 26, 2011 11:49 am

Unread post by mel »

There are no other A's on this ticket to look like a nine, there are nines that look exactly like HTA 136 1 9. Do I not have the right to receive a ticket with accurate information on it that I can search on the Internet to find out about the charge?

User avatar
Decatur
Moderator
Moderator
Posts: 752
Joined: Mon Mar 14, 2011 11:31 am

Posting Awards

Moderator

Unread post by Decatur »

The short wording used will tell help you with the section number, What is the exact wording on the ticket?

mel
Newbie
Newbie
Posts: 8
Joined: Fri Aug 26, 2011 11:49 am

Unread post by mel »

disobey stop sign- fail to stop hta 136 1 9 is exactly how it reads. Should not an error of this type make the ticket invalid, is it not an unofficial document that should have accurate information on it? I should deal to search on the Internet the section number to find out about the charge, I have 15 days to enter my plea to decide to fight the ticket. I do intend to fight the ticket on the fact that I did stop, but that is impossible to prove my word against his. I feel the ticket should be tossed just by the fact it is inaccurate misleading information. I have heard that tickets have been tossed for that fact of wrong information and misspellings.

Stanton
High Authority
High Authority
Posts: 2111
Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

Posting Awards

Unread post by Stanton »

I don't know how much luck you'd have simply getting the ticket tossed. If you do go to trial, the Crown can easily amend the section number, thereby nullifying any possible error.


To force an error, you have to simply ignore the ticket. A Justice of the Peace will eventually examine your ticket, and if they notice an error, the ticket will be quashed (charge withdrawn). However the JP could easily overlook the mistake or simply believe it's a misshaped "A" and not even consider it an error.

mel
Newbie
Newbie
Posts: 8
Joined: Fri Aug 26, 2011 11:49 am

Unread post by mel »

Are there trial cases on canlii.org that I could look up and read about, if so who versus who on what date?

mel
Newbie
Newbie
Posts: 8
Joined: Fri Aug 26, 2011 11:49 am

Unread post by mel »

errors on tickets, I'm sure I'm not the first one that has had an error on a ticket. I would like to read of other such cases. I would like to read about trial cases on canlii.org not sure how to search for the cases that I want to read about. I'm interested on reading about errors on tickets.

daggx
Sr. Member
Sr. Member
Posts: 396
Joined: Sun Jun 22, 2008 3:21 am

Posting Awards

Unread post by daggx »

I found a case while researching my own traffic ticket that might be of use to you. The main focus of the case is about a ticket where the section number is missing, however the Judge also talks about what should happen if a section number is wrong on the ticket and he also lists a number of cases that deal specifically with the issue of incorrect section numbers on tickets. There is probably more stuff out there on this topic but this should hopefully give you a good start on your research.

R. v. Hargan http://www.canlii.org/en/on/oncj/doc/20 ... ncj65.html

mel
Newbie
Newbie
Posts: 8
Joined: Fri Aug 26, 2011 11:49 am

Unread post by mel »

:?: I requested the transcripts to appeal my charge of failing to stop, my estimate is approximately $400.00. Can I shop around for a better price? Is there a list of transcript writers somewhere. Below are the prices quoted to me.



Transcript rates are charge at the rate set out in the Ontario regulations 587/91 as follows

original transcript 3.20 per page

additional copies .55 per page


If the transcript is for an appeal, an original and two copies are required i.e. 4.30 per page

Post Reply
  • Similar Topics

Return to “Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal”

Who is online

Users browsing this forum: No registered users and 1 guest