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Ontario Highway Traffic Act

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UNBELIEVABLE,, 4 TICKETS TOGETHER!!!
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PostPosted: Tue Sep 15, 2009 1:58 am 
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I was pulled over after making a U-TURN. and being charged for 4 tickets "1. DRIVE MOTOR VEHICLE, NO PERMIT CONTRARY TO THE HIGHWAY TRAFFIC ACT SECTION 7(1)(A); 2. UNSAFE TURNING LANE CHN-FL TO SIGNAL CONTRARY TO THE HWY TRAFFIC ACT SECTION 142(1); 3. RED LIGHT TRAFFIC ACT SECTION 144(18); 4.FAIL TO HAVE INS CARD CONTRARY TO THE COMPULSORY AUTO INS ACT SECTION 3(1)

The officer's car turned left from the cross street and I was waiting for the green signal to make a U-TURN. As soon as the police car turned into the road completely, the light changed to amber and I released my brake slowly. I made a U-TURN once the cross street light changed to red. But I didn't pay attention to the cross road that there was a VAN turning against the late amber light. And the van beeped me for blocking his way but it's my green light now. However, the officer which just turned to the road was ahead of us and slowly pulled over. And I passed it normally but he pulled me over right after it. Since I drove my wife's car that day, I didn't realize she kept the permit and car ins. since 2008. Since I tried to explain my situation, I just gave it to the officer and didn't pay much attention at the same time. The officer took a look and went back to his car and prepared about 10 minutes. Handed me four tickets and explained to me, I was shock and took my bag out and tried to show him the right one and he said that you didn't have to show me now and you could tell the judge if you wanted to go to trial. I knew he realized that I gave him the expired permit and insurance. He didn't even want to ask me if I have the right one or not. I felt he was not acting like a policy officer, it's a rob off.

I doubt, First, the office was ahead of my car and he didn't pull it over himself until he heard the beep from behind. How can he judge that I failed to obey red light. Second, his car just turned to the road which I was going to make a U-TURN. How can he see the signal behind? Third, I had the valid permit and car insurance in the car but just took the wrong one, he didn't even ask me for the valid permit. Even I handed it to him right after, he didn't want to see. Forth, I really made a U-TURN at my green light. But the VAN was rushing the late amber light or even a red light but the officer didn't see it what happen at all.

I was really in a bad mode that I didn't failed to obey anything but really get to these four charges. But the VAN behind me can get away from it.

Please help me to fight these tickets since it's the first time in my 6 years driving record. I have no ideas what to prepare and I am just going to say the situation.

Any advice is welcome and equip me to fight this. My trial date is this Thursday, Sept. 17th. Is it enough time to prepare?


Last edited by FANKYZ on Tue Sep 15, 2009 9:51 pm, edited 1 time in total.

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PostPosted: Tue Sep 15, 2009 8:24 am 
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Joined: Tue Jan 22, 2008 9:38 pm
Posts: 632
Location: Stratford, Ontario
Attend on your court date and ask the JP for a Continuance (extension of time) so you can file a Disclosure Request (all evidence against you) and so you can seek legal council.

You may also choose to request separate trial dates for each and every charge against you (so you can focus on one charge at a time). I did this and was later able to negotiate (plea bargain) three tickets down to just one with the prosecutor, as he had no interest in risking the cops failure to appear each and every time.

For an introduction to the whole process, be sure to read:
www.ticketcombat.com


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PostPosted: Tue Sep 15, 2009 8:46 pm 
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Joined: Tue Sep 15, 2009 12:58 am
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Thanks for your advice.

My trial is in Brampton and I am living in Markham. Since I was late for my first trial two months ago, the prosecutor was so rough telling me that I was convicted and followed the line and paid the fine. Fortunately, the cashier told me that I can request to re-open the file and the judge accepted my excuse so my trial re-scheduled to this Thursday. Will the JP grand the continuance?
If rejected, what should I say after?


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PostPosted: Wed Sep 16, 2009 8:16 am 
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Joined: Tue Jan 22, 2008 9:38 pm
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Location: Stratford, Ontario
So, in a sense, you've already received ONE continuance already. There's a good chance you won't be granted another. Others on this board have much more experience in court than I and may offer a more qualified opinion on that.

If it were me, I'd spend an entire day sitting at my computer writing out dozens of questions and writing a good closing argument. I would go in as if it's definitely going to trial.

But when the JP asks if you're ready, I would still ask for a continuance to seek legal advice. (You've been very busy at work, you've been ill,... that kind of thing)

If denied, the trial will proceed. Be prepared.


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PostPosted: Wed Sep 16, 2009 4:22 pm 
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Joined: Tue Sep 15, 2009 12:58 am
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I just get to know this forum two days ago, and I checked the web site for preparing, it takes at least 15 days to prepare it. I don't think I could do it good in just one day.

Could senior members advise about how to make a successful second continuance request in the court? Thanks you in advance. My court date is tomorrow.


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PostPosted: Tue Sep 22, 2009 11:54 am 
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Thank you for your good advice. The officer didn't show up, all four tickets dropped.


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PostPosted: Tue Sep 22, 2009 12:03 pm 
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Location: GTA
Congrats! You're one of the lucky 30% :twisted:

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