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Ontario Highway Traffic Act

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2 Tickets Same Time, Different Courthouses
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PostPosted: Fri Nov 27, 2015 12:21 am 
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Joined: Fri Nov 14, 2014 12:03 pm
Posts: 201
Unlucky Duck's the name, getting tickets is my game.

Unfortuatly, I was driving in Mississauga on Derry Road at Goreway and to my surprise was pulled over by a YORK REGION Officer. Last time I checked, that was Peel. Anyways, I was told my license plate light was out, followed by him asking for my ownership, license and insurance.

After waiting approx. 10 mins (I timed it) the officer comes back with 2 tickets:

DRIVE M/V IMPROPER HEADLIGHTS HTA 62(1)
IMPROPER NUMBER PLATE LIGHT HTA 62(19)

Now here's the fun but;

The improper headlights was issued for the Brampton courthouse, while the number plate for the Mississauga courthouse! Just a question to all officers on the forum: What is the benefit of doing this?

The officer who pulled me was very polite and even told me to plead early resolution and they should drop it, and if not, demand a trial and he won't show up. Now I know I'm not gonna live by that, but it doesn't hurt to keep that in the back of my mind.


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Re: 2 Tickets Same Time, Different Courthouses
PostPosted: Fri Nov 27, 2015 12:48 am 
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Posts: 501
I have not been to court in 7-8 years.
I think one of the charges is not in proper jurisdiction.
not sure if it still works but:
as they start to read charge object!
say there is no jurisdiction.
you have to do it at right time or they amend.

anyway good luck


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Re: 2 Tickets Same Time, Different Courthouses
PostPosted: Fri Nov 27, 2015 8:32 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2100
Location: Ontario
Police in Ontario can enforce the law anywhere within the Province, not just the municipality in which they are employed. Since some of these services patrol large areas that might fall under multiple Court jurisdictions, they carry multiple offence notices for each jurisdiction. I’m guessing it was simply an error on the officer’s part issuing you tickets for different courthouses. Under the POA, Courts have jurisdiction over matters from adjoining jurisdictions as well as their own, so it’s not an error that would nullify the ticket.


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Re: 2 Tickets Same Time, Different Courthouses
PostPosted: Fri Nov 27, 2015 11:57 am 
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Joined: Thu Jul 26, 2012 1:18 pm
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Plead NOT GUILTY to both and request a trial with the officer present for both.

Once you get your notice of trial, then request disclosure (officers notes).

Once you get the disclosure and know what it says, then try to setup an early resolution meeting with prosecutor. If they won't meet with you before the trial, then a lot of times they will meet with you right before trial on the day of your trial.

Now let's look at the charges:
Lamps required on all motor vehicles except motorcycles 62. (1) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor vehicle other than a motorcycle shall carry three lighted lamps in a conspicuous position, one on each side of the front of the vehicle which shall display a white or amber light only, and one on the rear of the vehicle which shall display a red light only.
This one has to do with lights on the front and back of your vehicle (two white/amber ones on the front, and one red one on the back). Did you have another light out on the vehicle besides the license plate one?

Rear lamps to illuminate number plate 62. (19) The lamp on the rear of a motor vehicle or trailer shall be of at least three candela and shall be so placed that it will, at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, illuminate the numbers on the number plate, or, if provision is made on the number plate or on any attachment furnished or required by the Ministry for affixing the lamp, it shall be affixed in the position or space provided, and the lamp shall face to the rear and reflect on the number plate a white light only. R.S.O. 1990, c. H.8, s. 62 (19).
Was it dark out when this occured?

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Re: 2 Tickets Same Time, Different Courthouses
PostPosted: Wed Dec 23, 2015 4:59 pm 
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JSherk,

I actually had a guy in a truck pull up beside me last night to tell me my brake light was out. Got home and got the girlfriend to sit in the car and press the brake for me. Sure enough, the third brake light (one in the middle) was out. I was completely stumped as maybe it was out since October and I'm now noticing it.


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Re: 2 Tickets Same Time, Different Courthouses
PostPosted: Wed Dec 23, 2015 5:11 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
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When I read 62(1), to me it says that you only need 1 red light on the back. So as long as one of your brake lights is still working then you should be good.

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Re: 2 Tickets Same Time, Different Courthouses
PostPosted: Thu Jun 02, 2016 3:06 pm 
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Update: Both Tickets went to trial, Both times, officer did not show up. CHARGES WITHDRAWN!


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Re: 2 Tickets Same Time, Different Courthouses
PostPosted: Thu Jun 02, 2016 3:34 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
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Congratulations!

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Re: 2 Tickets Same Time, Different Courthouses
PostPosted: Fri Jun 03, 2016 9:17 am 
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Joined: Sun Apr 27, 2014 10:21 am
Posts: 485
your supposed to check your lights (and other things) before every trip.
you can't rely on the kindness of strangers, in fact I won't even tell people this anymore due to the nasty comments I get back
so I'll let the LEO's deal with that.

at the end of the day (and we've all been there) it's the drivers responsibility to make sure the car is as is.

I once got stopped (in the uk) for something can't remember now, think it was a random stop/check, wrong place wrong neighbourhood wrong time wrong car wrong face
and as everything was ok, the cop was pi$$ed so he did a full vehicle check,...WHICH>>> by law he was entitled to
checked my battery was correctly fixed, water in the resovoir, the full 9 yards, needs less to say, my car was 100%
he left, but had I forgotten one thing, i'd a got a ticket

How many of us checked the water before every trip, tires, brake lights... nope

been there done that, but it is what it is

UnluckyDuck wrote:
JSherk,

I actually had a guy in a truck pull up beside me last night to tell me my brake light was out. Got home and got the girlfriend to sit in the car and press the brake for me. Sure enough, the third brake light (one in the middle) was out. I was completely stumped as maybe it was out since October and I'm now noticing it.

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* NO you cant touch your phone
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Last edited by bobajob on Fri Jun 03, 2016 9:18 am, edited 1 time in total.

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Re: 2 Tickets Same Time, Different Courthouses
PostPosted: Fri Jun 03, 2016 9:18 am 
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Joined: Sun Apr 27, 2014 10:21 am
Posts: 485
he did say he wasn't going to show up, so this should not be a surprise

UnluckyDuck wrote:
Update: Both Tickets went to trial, Both times, officer did not show up. CHARGES WITHDRAWN!

_________________
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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