Red Light Camera Offence in the mail. Is it Valid?

michaelVW
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Red Light Camera Offence in the mail. Is it Valid?

by: michaelVW on
Wed Sep 01, 2010 2:43 pm

I just received a red light camera offence notice in the mail. I read some of the posts about some notices not being valid because its an old form. I looked at the form that someone posted of an offence they received in PEEL. It looks like the same identical offence form sent to me. Can anyone help me figure out wether my offence notice is valid or not.

Also, the car belongs to my brother, but I was the one driving, he's going to literally kill me if it goes on his drivers licence is there a way to make sure it doesn't affect him in any way. The ticket was for over $300.

Thanks


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Simon Borys
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by: Simon Borys on
Wed Sep 01, 2010 11:56 pm

As far as I know, tickets received in the mail are all valid.

See O/Reg. 277/99 for info about red light camera evidence.
http://www.canlii.org/en/on/laws/regu/o ... 77-99.html

It should be possible to have the charge amended to red light camera for driver - HTA 144 (18.2) as opposed to red light camera for owner - HTA 144 (18.1) which is probably what will come in the mail.

Consider section 18.5

No amendment

(18.5) A certificate of offence that specifies subsection (18), (18.1) or (18.2) as the provision that was contravened shall not be amended to specify another of those subsections without the consent of the prosecutor and the defendant. 1998, c. 38, s. 3 (1).

This indicates that it is possible. I suggest you speak to the prosecutor about it at a resolution meeting.

Red light camera tickets carry no points for the owner and should not affect insurance, if that's any consolation to the owner.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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