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Re: HTA - Red light failure to stop
Posted: Fri Jul 30, 2010 10:30 pm
by Off_Camber
do not appear. what you need to do is call the court a few days after your trial and find out if a conviction was entered---DONT wait for them to send you your conviction notice as you have 15 days to file your appeal.
IF (and most likely) you get convicted, go to the court and pay the fine, and tell them you need the neccessary forum to file the appeal, and you need two copies of the receipt and a icon inquiry (they know what you need). then fill out your appeal based on the Justice erred by convicting based on section 9.1 of the Provincial Offences Act. "the justice erred and failed to examine the certificate of offence, as it is not complete and regular on its face.
Make sure you keep everything-the offence notice, EVERYTHING.
Then, you need to do some homework.
you need to bring copies of case law to your hearing. you need to make 3 copies of each decision
Cases such as London V Young, Liekermoser v Sudbury, Barrie v Porter.
Re: HTA - Red light failure to stop
Posted: Tue Aug 03, 2010 1:24 pm
by donovan39
Thanks Off_Camber.
I found the private message you sent to me back in January about my situation. It was, and still is very very helpful. I searched and searched everywhere for the post where I had found out what I needed to do, but couldn't find it. Turns out it was in a private message, a place I didn't think of looking.
I will keep you guys posted.
Ticket quashed :)
Posted: Mon Aug 30, 2010 12:08 pm
by donovan39
Thanks for the advice here everyone...
I failed to appear, and my ticket was quashed without me even needing to make an appeal for a wrong set-fine amount.
Maybe the Justice of the Peace had already seen this before...
Never the less, my driving record remains clean.
Re: HTA - Red light failure to stop
Posted: Mon Aug 30, 2010 1:33 pm
by Radar Identified
Nice! 
Good to see that the trend among JPs these days is to thoroughly examine the ticket for fatal errors and quash as necessary.