Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 9 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Failure to Stop ..... under HTA 128 ??? - COURT TODAY!
Author Message
PostPosted: Wed Feb 17, 2010 5:42 pm 
Offline
Newbie

Joined: Wed Feb 17, 2010 5:06 pm
Posts: 3
Location: Barrie
Ticket: Disobey Stop sign - Fail to stop
Contrary to Highway Traffic Act 128

When I went to plead to a lesser amount the magistrate refused to let me plead guilty and said that I had to go to court because the face of the ticket is incorrect. I didn't realize the wrong Act was written (oops!)

I looked it up when I got home and realized that he wrote in Sect. 128 which is a speeding violation.

So..... will this ticket be forgiven in court?
What should I expect?


Last edited by Lisa on Wed Sep 15, 2010 11:32 am, edited 1 time in total.

Top
 Profile  
 
PostPosted: Fri Feb 19, 2010 1:06 am 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Well there are a couple of options. If you're comfortable with doing these sorts of things yourself, you can file a motion to quash the certificate of offence. (LOTS of paperwork!) Beyond that, there are a lot of scenarios that could happen.

If you show up unprepared... here's the bad news: With you present for trial, the Justice of the Peace could (theoretically) amend the ticket to the correct HTA section, which is 136 (1)(a) for Disobey Stop Sign, and the trial could then continue. Conversely, the Crown Prosecutor may just decide to withdraw the charge on the basis that the ticket is defective. If you present a reasonable argument, though, the Justice of the Peace may throw out the ticket regardless. A complete conflict between the section and offence description (speeding vs. stop sign) should be sufficient to make the JP toss it, but you never know.

Or, if you wanted to, you could not show up for trial. Seems like a rather dumb idea, but the Provincial Offences Act, which guides these sorts of proceedings, has its quirks. If you fail to appear, the JP would then be required to examine the ticket for any "fatal" errors (conflicting section and offence description should count as a fatal error) and should then quash it. Here's a big, long discussion along those lines...

http://www.ontariohighwaytrafficact.com/topic1598.html

Not exactly the same situation, but I'd say the "default" procedure applies here. Off Camber initially asked the Crown Prosecutor if they would withdraw the charge; they said no, they'd just amend it, so he walked out of court. The Justice of the Peace erred and convicted him, so he appealed, and won. The error on his ticket was both the set fine and total payable amounts were incorrect. If the JP did enter a conviction, you'd have to appeal it, but should win on appeal.

Alternatively, you could consult a paralegal and see if they'd be willing to take it on. Anyone who is reasonably qualified should be able to get this one thrown out.

I guess it all depends on how much time/effort you want to put into fighting this... Hopefully this helps a bit...

_________________
* 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


Top
 Profile  
 
PostPosted: Fri Feb 19, 2010 11:57 am 
Offline
Member

Joined: Tue Dec 30, 2008 12:24 am
Posts: 107
Easiest in my opinion is to request a trial and not show up. The JP will quash it based on the incorrect section (assuming they are not asleep at that time)


Top
 Profile  
 
PostPosted: Fri Feb 19, 2010 4:45 pm 
Offline
Newbie

Joined: Wed Feb 17, 2010 5:06 pm
Posts: 3
Location: Barrie
Thanks for the advice.

After going through this site and the OHTA I had decided to file a motion to quash the certificate of offence. It doesn't bother me to get up by myself and speak, especially when I know what I'm saying and am reasonably sure that I can win. I've got a lot of great information written down already and I'm actually excited to get to trial to see how it all plays out. If nothing else I'll end up paying the fine and loosing my points which is what would have happened anyway. I'm very interested to see how the system works! You probably think I'm nuts because I find this to be an "adventure". I'm just making lemon-aid out of lemons and learning something to boot. :D

Now the hard part is just trying not to misplace my notes and ticket before they get back to me with a date, then another 3 months after that!!


Top
 Profile  
 
PostPosted: Sat Feb 20, 2010 10:10 pm 
Offline
VIP
User avatar

Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
The easiest way to educate yourself on these matters would be to go to Provincial Offences Court on your off day and see some cases there. You will probably want to cry and laugh at the same time though...

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


Top
 Profile  
 
PostPosted: Wed Sep 15, 2010 11:02 am 
Offline
Newbie

Joined: Wed Feb 17, 2010 5:06 pm
Posts: 3
Location: Barrie
Court date is in 2 hours. Getting nervous!


Top
 Profile  
 
PostPosted: Thu Sep 16, 2010 11:07 am 
Offline
Newbie

Joined: Tue Oct 06, 2009 3:20 pm
Posts: 20
I would go to court but not check in with the prosecutor or answer them when they page. At least that way you can see right away if it's quashed or if you'll have to appeal it.


Top
 Profile  
 
PostPosted: Wed Sep 22, 2010 5:33 pm 
Offline
Member
User avatar

Joined: Thu Sep 25, 2008 5:28 pm
Posts: 162
Location: Mississauga
I would not even go to court. If you show up and argue on motion to quash the certificate it SHOULD be amended and section changed to reflect 136(1)a. Provincial Offences Act makes provisions on these arguments.

This mistake IS fatal and winable at the APPEALS.


Top
 Profile  
 
PostPosted: Mon Oct 25, 2010 4:37 pm 
Offline
Jr. Member

Joined: Sun Aug 15, 2010 11:27 am
Posts: 26
Location: kitchener
Hello Lisa,
Let us know what happend at the court. :)


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 9 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Fail to obey a stop sign / charged with violating HTA 128?

gabrielsm

0

914

Mon Nov 07, 2011 1:36 pm

gabrielsm View the latest post

There are no new unread posts for this topic. HTA 136 (1)(a)Failure to Stop at Stop Sign, Arguement valid?

Screwed

7

4134

Wed Oct 20, 2010 10:08 pm

Radar Identified View the latest post

There are no new unread posts for this topic. HTA 136 (1)(9)Failure to Stop at Stop Sign wrong character

edfun

2

1179

Sun May 15, 2011 10:45 am

edfun View the latest post

There are no new unread posts for this topic. NIAGARA COURT- FAILURE TO STOP AT STOP SIGN 136(1)A

Kenj

1

867

Wed Jan 16, 2013 6:21 pm

Stanton View the latest post

There are no new unread posts for this topic. HTA - Red light failure to stop

[ Go to pageGo to page: 1, 2 ]

donovan39

18

3980

Mon Aug 30, 2010 1:33 pm

Radar Identified View the latest post

There are no new unread posts for this topic. HTA Sect. 163 (2) - Failure to stop at railway crossing

Phillip

3

677

Tue Mar 09, 2010 8:52 pm

Phillip View the latest post

There are no new unread posts for this topic. Speeding Ticket: HTA 128 - 103km/h in a posted 80km/h

tamilrmx

3

1672

Fri Jan 06, 2012 1:53 am

tamilrmx View the latest post

There are no new unread posts for this topic. Disobey Sign HTA 182(2) - Convicted Today

bpassand

2

1596

Tue Oct 05, 2010 6:38 pm

bpassand View the latest post

There are no new unread posts for this topic. So this is what happend in court today

preludex

6

1050

Fri Dec 30, 2011 10:25 am

sydavid View the latest post

There are no new unread posts for this topic. Got a Court Summons Today for a ticket I never got!!!

shaqman

2

1332

Thu Mar 11, 2010 4:55 pm

David Chatten View the latest post

There are no new unread posts for this topic. Success Story at the Court Today

enzojr

1

1001

Sat Mar 19, 2011 5:37 pm

admin View the latest post

There are no new unread posts for this topic. Ticket Combat--Went to court today....Update

Off_Camber

9

2683

Sat Aug 22, 2009 3:43 pm

Radar Identified View the latest post

 


Who is online

Users browsing this forum: Yahoo [Bot] and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.