Failing to obey a stop sign

ihusain
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Failing to obey a stop sign

by: ihusain on
Thu Apr 16, 2009 12:02 am

I am a Quebec Driving License holder owning a Car registered in Ontario. I have my own home in Ontario and my other family members also live in Toronto so did not take the Car to Quebec. However, I drive the Car whenever I visit Toronto. Recently, I recieived a traffic ticket in Toronto for failing to obey a stop sign which was not correct. I had stopped at the stop sign but the only witness I have is my wife who accompanied me. The Officer asked me to show the ownership documents and my driving license and these documents were returned to me with the traffic ticket. However, the Officer made some technical mistakes in writing the ticket:
1. Instead of writing the Qebec Driving License number, the Officer copied my old Ontario Driving License Number from the Ownership document.
2. Section 36(1)(a) was applied which is not correct.
I intend to fight the ticket and take my wife as a witness aginst this ticket and need expert advice to prepare accordingly.








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hwybear
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by: hwybear on
Fri Apr 17, 2009 8:46 am

If I get this correctly you are a QC licence holder and have a MV plated Ontario. The ownership has a driver's licence # associated to you as you previously lived in Ontario and the officer used the Ontario #.

Every person who lives in Ontario OR has lived in Ontario OR has been convicted in Ontario will have their own personal driver's licence number issued/generated by the Province of Ontario that stays for life. It is a tracking mechanism for MTO and courts.

So even IF the officer would put down the QC licence number, when/if a conviction is entered into the sytem, it would still default back to the Ontario drivers licence number.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


ihusain
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by: ihusain on
Mon Apr 20, 2009 2:05 pm

Dear TicketCombat,

Thanks for your interest. Actually, I have only the Quebec Driving License which was also presented to the Officer. He however copied my old Ontario Driving License from the Ownership Documents. I have submitted an application form to appear in the court and intend to bring plead not guilty of the offence. at that time, my wife also accompanied me.


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Reflections
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by: Reflections on
Mon Apr 20, 2009 2:35 pm

ihusain wrote:Section 36(1)(a) was applied which is not correct.
That section is suspended license.....is your license suspended? There is no (1)(a) though.......
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


ihusain
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by: ihusain on
Tue Apr 21, 2009 10:15 am

Dear Reflections

Thanks for your information regarding the error in writing the Ticket. I agree that mistakes in writing the correct license number or section should not be ignored and need guidance how to handle the situation in the court.


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Bookm
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by: Bookm on
Tue Apr 21, 2009 10:35 am

Wow, lucky break! I thought maybe you just wrote a typo in your thread.

The ticket is the charging document. It has to be sufficient on its own to describe the offence. The wrong section number is a fatal error. It can't be amended by the JP.

1) Plead not guilty on back of ticket
2) Deliver to court house (address on back)
3) Wait for trial
4) Crown will meet with you just before court opens and will try to convince you to plead guilty to a lesser charge.
5) Make it clear that you KNOW the ticket has a fatal flaw and insist the charge must be dismissed or you'll stand before the JP and make your argument with him/her.

The officer has 30 days to find his error and send you a new ticket, so don't discuss it with the Crown before this time.

Read over TicketCombats site for a more thorough explanation of the process.

www.ticketcombat.com




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racer
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by: racer on
Sat Apr 25, 2009 8:20 pm

liveontheedge wrote:and request a trial in French and let us know what the court date is.
Haha, that's a good option - the trial will likely be so far away, that the cop won't remember/show up.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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