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Ontario Highway Traffic Act

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Britannia Rd - Disobey Red Light - Fail to stop
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PostPosted: Sat Jan 15, 2011 9:16 pm 
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Joined: Sat Jan 15, 2011 8:11 pm
Posts: 1
On Saturday around 01/14/2011 I got a traffic ticket for RED LIGHT- FAIL TO STOP
144(18).

I was driving on credit view passing Britannia road the light was amber before I passed
The stop line and before I was able to finish crossing the street it turned red
The set fine is $150 total $180.

*First the intersection was clear and there was NO car waiting to turn and the pavement was
Wet too so I proceeded cautiously.

I don’t know where the cops were, but they lit me up after 800 meter from the corner
*Second the officer reversed my name on the ticket he put my first name as last and last as first
*She told me not to fight the ticket and just go with option 2 plea to a lesser fine

Some traffic people told that’s a wrong fine it should have $350 that’s another reason to fight
Some friends told me to request a trial in French

I don’t have money to pay a lawyer it seems like all of them are crooks they say free consultation
On their website and when you call them they want you to come in with $350


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Re: Britannia Rd - Disobey Red Light - Fail to stop
PostPosted: Sun Jan 16, 2011 7:28 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
The correct set fine is $260 with a total payable of $325. The Ontario Court of Appeal has ruled that this is a fatal error (London v Young). However, you must go through a rather obscure process to get it quashed. This is done by not showing up on the day of trial. The Justice of the Peace must examine the ticket and quash it if there are no fatal errors. If the JP fails to do this, you appeal it, cite London v. Young and the appeals court will overturn it. This is due to the way the Provincial Offences Act is written. If you do show up for your initial trial, they will simply amend the ticket and go to trial.

Option 2 does not work, except in very limited circumstances. This is not one of them. You will still get the conviction, demerit points and same insurance increase, and the Justice of the Peace is highly unlikely to lower the fine. Fighting it is your only way to get this reduced or quashed.

Trial in French has been rumoured to help. It doesn't. Don't waste your time requesting a trial in French unless you are fluent in the language. If you request a trial in French and it becomes obvious that your first language is English, the JP will become very irate and is not too likely to rule in your favour.

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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