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Ontario Highway Traffic Act

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Red Light-Proceed before green HTA 144(18)
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PostPosted: Thu Apr 01, 2010 10:13 pm 
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Joined: Thu Apr 01, 2010 9:59 pm
Posts: 4
I just received a ticket for the above offence with a total payable of $235.00.
After doing some research Schedule 43, item 413 of the HTA indicates a set fine amount of $260.00 with I'm assuming a victim surcharge to be added on top of that.
Is there a chance that the Officer wrote the wrong fine amount and if so, do I have any options that can work in my favour?

Thanks in advance


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PostPosted: Sat Apr 03, 2010 12:06 am 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
For 144 (18 ) Red Light - Proceed Before Green Should be:
$260 set fine
$325 total payable

What set fine did the officer enter on the ticket?

Looks like the ticket bears a fatal error to me. We've actually had some discussion over this... the procedure for dealing with it is quite illogical, for lack of a better expression. See this thread here:

http://www.ontariohighwaytrafficact.com/topic1851.html

Outcome of the above case is pending. However here is one that was resolved. Discussion leading up to the appeal date:

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

And then the resolution in Smith v. City of Toronto

Yeah, I know, the procedure doesn't make any sense... but that's what the law says. YIKES.

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* 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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PostPosted: Sun Apr 04, 2010 8:43 pm 
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Posts: 4
Thanks for the info RADAR.
I did a search and came up with similar cases.
Looks like I'll simply ignore the ticket and deafault.
When the JP inevitably enters the conviction I'll appeal.
Where do I get a hold of all the case law and POA books? Library?


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PostPosted: Mon Apr 05, 2010 3:07 pm 
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Posts: 2881
Location: Toronto
You can just search on-line.

www.canlii.org

Or you can also search for the Provincial Offences Act. There are plenty of case law links in the threads, so you should be able to prepare a factum and your case just by downloading and printing the cases in the links. If not, any library should have them. Or if you're in Toronto, visit the University of Toronto's "Fort Book" library and just photocopy from there. Last time I checked, you didn't have to be a student to do so, only pay the photocopy fees...

Just be ready to get a conviction notice, then go in, pay the fine and appeal. The fine will be returned to you after your appeal.

_________________
* 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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