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Ontario Highway Traffic Act

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Fail To Ebey Lane Sign
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PostPosted: Thu Nov 27, 2008 12:28 am 
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Joined: Thu Nov 27, 2008 12:19 am
Posts: 3
Hi

I recently received a ticket with the offence:
"Fail to Obey Lane Sign"

However, it was stating it was contrary to: "H.T.A" Sect./Art. 154(1)(c)

But when I was driving, I was on the local streets and not on a highway. (Steeles Ave).

1) Are there demerit points associated with this ticket? (because I don't see it labelled)

2) Should I seek professional help regarding this type of case? (Paralegal, C.O.P.S etc)


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PostPosted: Thu Nov 27, 2008 1:52 am 
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Joined: Thu Oct 16, 2008 4:57 pm
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Location: Planet X
The term highway applies to all roadways. There are two demerit 2 points. Because of the dermerit points it means this is a provincial issue. Because it's a provincial matter, the French Language Services Act is triggered. This requires all communications to be in both languages even if you don't speak both languages.

Because the cop never spoke to you in both languages, French and English, and because the text he added to the ticket are not in both Frenh and English, the ticket is not complete and regular on its face. Therefore, the ticket cannot be enforced.

Therefore, do not respond to the ticket. If you don't respond the court cannot fix theerrors and must quash the proceeding and ticket against you. If they do not and they convict you, you can appeal it and will win.

If you send in the notice that you intend to defend yourself at a trial, the court can then fix the errors on the ticket and convict you.

Use your own judgment, but my advice is to not respond to the ticket at all.

_________________
Without Justice there's JUST US


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PostPosted: Thu Nov 27, 2008 12:34 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Demerit points for the offence won't be on the ticket. If you do not respond to the ticket, you will be deemed not to dispute it, and a conviction will automatically be entered against you. If you choose to fight it, use advice from the following website:

www.ticketcombat.com

If you're seeking a paralegal, shop around for help. Some will go all the way to get the ticket quashed, others will just get it reduced. If the paralegal will go the distance with it, it makes your workload lower, but also costs more.


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PostPosted: Fri Nov 28, 2008 10:35 am 
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Joined: Fri Nov 28, 2008 10:18 am
Posts: 4
So wait a minute....

I just got this ticket too. Is the advice to ignore it, seeing as the cop didn't speak french and there isn't any french written on the ticket by the cop? I've never heard of this... is this legit?


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PostPosted: Fri Nov 28, 2008 12:29 pm 
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Joined: Tue Apr 22, 2008 7:21 am
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Location: In YOUR rearview mirror!
Radar Identified wrote:
Demerit points for the offence won't be on the ticket. If you do not respond to the ticket, you will be deemed not to dispute it, and a conviction will automatically be entered against you.
Not to mention your licence will get suspended for failing to tpay the ticket, then you will have $150 reinstatement fee, your insurance won't cover you in a collision as you are suspended.

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Fri Nov 28, 2008 1:06 pm 
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Quote:
I've never heard of this... is this legit?


Here's a link to the French Language Services Act website.

http://www.ofa.gov.on.ca/english/FLSA.html

And here is the actual law itself. Long read, but you can decide for yourself if it applies or not.

http://www.e-laws.gov.on.ca/html/statut ... 0f32_e.htm

Don't ignore a ticket. The consequences could be disastrous for you. Fight it, plead guilty or plead guilty with an explanation, but do something.


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