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Ontario Highway Traffic Act

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Question regarding a representative in court?
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PostPosted: Tue Oct 20, 2009 6:00 pm 
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Joined: Tue Oct 20, 2009 5:48 pm
Posts: 23
I got a failing to stop at a stop sign, 136(1)(a).
I am going to request a trial in a couple of days, but want to know that do I need to inform the courts now that I might have a representative to fight for me instead or I can bring in a representative to fight for me at the time of the trial? If I do not fill out anything under "Representative's Name and Address" on my "Notice of Intention to Appear" form, can I still bring in a representative later on?

The reason I ask is, as of now I plan to fight the trial myself but since its my first time I might get overwhelmed or nervous. I might need someone else to represent me. Also, does this person has to be a paralegal or I can ask any citizen to do so? Reason being that I know someone who used to fight tickets on the side.
Btw, I will be fighting my case in York Region as the offense happened in Markham, Ontario.

Yes, I have read ticketcombat's site and will be following the steps. But would like some clarification on the above question.

Thank you


Last edited by diehardfan on Wed Oct 21, 2009 12:45 am, edited 1 time in total.

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PostPosted: Wed Oct 21, 2009 12:48 am 
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Joined: Tue Oct 20, 2009 5:48 pm
Posts: 23
Greatest Canadian wrote:

You can always represent yourself in court. A friend can help you but you cannot pay them or give them ANYTHING for the help.

The ticket you were issued is invalid. Read the ticket, option 1. It tells you that in order to settle out of court you must pay the total payable.

Section 8 of the POA only requires you to pay the set fine amount.

Quote:
Payment out of court

8. (1) Where an offence notice is served on a defendant who does not wish to dispute the charge, the defendant may sign the plea of guilty on the offence notice and deliver the offence notice and amount of the set fine to the office of the court specified in the notice.




The ticket forms the government are using are invalid. You have not been charges, though you and the cop think you have.

Your ticket is a nullity.


You lost me on the "The ticket you were issued is invalid"??
And, how will the courts know if I paid my friend to help me out?

Yes, I just got my ticket on the Sunday.
Yes, Markham is part of York region and falls under Regional Municipality of York.


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PostPosted: Wed Oct 21, 2009 3:49 am 
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Joined: Tue Nov 13, 2007 5:04 pm
Posts: 1048
Location: Ontario, Canada
diehardfan wrote:
You lost me on the "The ticket you were issued is invalid"??
And, how will the courts know if I paid my friend to help me out?

Yes, I just got my ticket on the Sunday.
Yes, Markham is part of York region and falls under Regional Municipality of York.


Diehardfan, please disregard this members' posts. Your ticket is most likely "valid" as are all the rest of the tickets issued in Ontario, Canada.


diehardfan wrote:
And, how will the courts know if I paid my friend to help me out?


As per new guidelines, you can not pay any representative that is not licensed under the LSUC.

A family member, or relative may represent you or anyone else that is not charging you a fee. If your friend is charging you a fee then that would not be a legal resource.

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Visit us at: Ontario Ticket OR OHTA OR Ontario Traffic Act OR Highway Traffic Act


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York Region - Stop Sign Tickets
PostPosted: Wed Oct 21, 2009 7:49 am 
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Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
The York Region Proscutors have a policy now that all stop sign tickets are trials, they do not reduce these charges.

I suggest that if you havent conducted a trial before that you consider getting some help, or start reading about how a trial goes.

Remember your going against a police officer that goes to traffic court all the time and a prosecutor who may be a lawyer, and who runs trials everyday,

You need to read the "Ontario Regulations" about signs...

_________________
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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PostPosted: Wed Oct 21, 2009 11:17 am 
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Joined: Tue Oct 20, 2009 5:48 pm
Posts: 23
thanks for pointing that out admin and OTTLegal.

Back to my original question in my first post, help with that?

Thanks


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stop sign
PostPosted: Wed Oct 21, 2009 12:46 pm 
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Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
You dont need to notify them, just bring the trial notice in when you are ready

_________________
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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Re: stop sign
PostPosted: Wed Oct 21, 2009 1:27 pm 
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Joined: Tue Oct 20, 2009 5:48 pm
Posts: 23
OTTLegal wrote:
You dont need to notify them, just bring the trial notice in when you are ready


OTTLegal, please read my private message.

Thank you


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