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Ontario Highway Traffic Act

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Re: Officer said he would cancel ticket..but didn't..Help pl
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PostPosted: Sat Apr 30, 2016 7:23 pm 
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Joined: Tue Sep 15, 2015 10:20 am
Posts: 281
That is correct: Highway Traffic Act: Regulation 628, Section 6(2) "Evidence of validation for a permit SHALL be affixed to a number plate for the vehicle in accordance with this Regulation, and the portion of the evidence of validation not intended for the number plate MAY be affixed in the appropriate space provided on the permit for the vehicle".


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Re: Officer said he would cancel ticket..but didn't..Help pl
PostPosted: Sat Apr 30, 2016 7:25 pm 
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I"m not sure how much I'll get my friend involved if I don't have to as I feel bad for him to miss time from work. I have trial date for my stop sign ticket in December and now that I have the notice with the other ticket/offense number, I'm requesting disclosure for both tickets at the same time (on same form). I'm asking for copy of the tickets, typed notes, and video/audio recorded of infarction because officer said I'm being recorded when he stopped me. I think if the officer video/audio records him saying he drops the ticket then I'll just use his evidence against him. In terms of the stop sign, if it comes down to his word vs mine+video, I may see if my friend can come to add as further evidence as cop's word i'm sure has strength regardless.

Had few questions - do you think I can put both offenses on the disclosure request, or I have to wait until the case is re-opened/sent to trial?
- do you think it's beneficial to have friend testify regardless?

Thanks Screech for looking that up..wish this officer knew his traffic acts properly, but we're at their mercy unfortunately.


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Re: Officer said he would cancel ticket..but didn't..Help pl
PostPosted: Sat Apr 30, 2016 8:27 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1654
Just an FYI that once the ticket is entered into the system, the officer can not withdraw it. Only the prosecutor has the decision to either withdraw or pursue the charge. And even it went to trial and you had video of the officer saying he was not going to charge you, this itself would not be enough to get the charge dropped. The officer saying he was not going to charge you, is not a defense. But anyways back to the point that he did not serve you... that is a reason to get ticket dropped.

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+++ This is not legal advice, only my opinion +++


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Re: Officer said he would cancel ticket..but didn't..Help pl
PostPosted: Sat Apr 30, 2016 8:47 pm 
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Oh interesting, thanks jsherk, I appreciate all of your input!


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Re: Officer said he would cancel ticket..but didn't..Help pl
PostPosted: Sun May 01, 2016 10:55 am 
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Joined: Sun Dec 19, 2010 12:33 pm
Posts: 126
For the permit, you have a good case...
One, the officer is not going to purger himself/herself, most likely something went wrong and ticket did not get canceled, I doubt you will need to do much on this one.
For the stop sign however, you might have some fighting to do.
Back to permit, having stickers on the back of permit to validate it is not mandatory, it used to be as I understand it but not any more.
Not sure why this has not made it into officer's training manual yet, but people get tickets for this all the time and if you know the details, you "should" be able to get it tossed.
http://www.canlii.org/en/on/oncj/doc/20 ... cj161.html


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Re: Officer said he would cancel ticket..but didn't..Help pl
PostPosted: Sun May 01, 2016 8:21 pm 
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Joined: Mon Mar 14, 2011 11:31 am
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I believe that court decision is not binding.


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Re: Officer said he would cancel ticket..but didn't..Help pl
PostPosted: Sun May 01, 2016 8:23 pm 
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Decatur - what do you mean by that


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Re: Officer said he would cancel ticket..but didn't..Help pl
PostPosted: Sun May 01, 2016 8:32 pm 
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Joined: Mon Mar 14, 2011 11:31 am
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I believe that the decepision regarding a validation no longer being necessary on the back of a permit was made by a Justice of the Peace. That decision is not binding on any other court.


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Re: Officer said he would cancel ticket..but didn't..Help pl
PostPosted: Sun May 01, 2016 9:07 pm 
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Do any of you know if I have to write something when I go to the court house to re-open the ticket he said he would cancel? I imagine they would want info as to why i'm re-opening this case? I was wondering if I should mention at the bottom something along the lines of - if this ticket can ideally be dropped as it would save taxpayer money, and neither myself or my passenger/witness have to unnecessarily miss work (or does this stuff come later on?)

"Dear Court of Justice,

On the night of March XX I was pulled over by Officer XXX for disobeying a stop sign. Once pulled over, I gave my driver license, car insurance, and ownership. Once Officer XXX came back he said he will give me two tickets – one for disobeying a stop sign and one for not having the license sticker on the back of my ownership paper (although a valid one is on the license plate). I then informed the officer I must have given him the wrong photocopy and promptly found the proper ownership photocopy with valid stickers and handed that to him. He then informed me to take it to court and the judge will cancel that ticket. I then informed him that it’s very difficult for me to go to court as I often work 80 or more hours per week at XXXX and cannot easily take time off and I had all of the documentation he required so it is not fair to be ticketed. The officer said he would cancel that ticket and went back to his police car and returned. The only ticket I was formally served or given directly in my hand was the disobeying stop sign ticket.

However, one month later I received a notice in the mail stating that I failed to pay the “no permit” ticket offense #XXXX

I would like to re-open this ticket as instructed by the provincial offenses office information line.
"


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