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Ontario Highway Traffic Act

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Re: Going to Trial Next Month
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PostPosted: Tue Nov 01, 2011 10:20 pm 
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slepy wrote:
Sorry, one more question.

In my case, there were two cops, one who stopped me, took the documents and handed me the tickets. The other one writing tickets on the computer. Is it correct from the legal point or it has to be one cop doing all these actions himself?

Thanks.


No, that's not correct. There's no obligation for one officer to do it all himself.

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Re: Going to Trial Next Month
PostPosted: Fri Nov 11, 2011 11:00 am 
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Thanks, guys. One more silly question. Is it ok from legal perspective that two cops are handling your ticket. The firsts one collects your documents and handles you the ticket. The other one, working in the cruiser, writes the actual ticket?

Thanks.


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Re: Going to Trial Next Month
PostPosted: Fri Nov 11, 2011 12:50 pm 
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Thanks, Simon.

So how does it align with POA RSO 1990. c.P.33, s.3(5)? What is the meaning of that section then?

Thanks.


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Re: Going to Trial Next Month
PostPosted: Sat Nov 12, 2011 9:21 pm 
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There is nothing wrong with two officers being involved with the issuing of a ticket. The real issue is that the correct officer (the one who can offer evidence show up in court). Section 3(5) of the POA just refers to where one officer writes up a ticket and a different officer serves it, then the officer who served it has to swear to the service.

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Re: Going to Trial Next Month
PostPosted: Sun Nov 13, 2011 12:51 pm 
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Thanks, Simon.

But accordingly to the next section, in such case an affidavit is required. If there is no affidavit (the disclosed to me material has the affidavit, which is empty), doesn't it invalidate the ticket? Can I use it in the court to my advantage?


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Re: Going to Trial Next Month
PostPosted: Sun Nov 13, 2011 7:34 pm 
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Which officer’s name is on the top of the ticket? If it’s the officer who handed it to you, it’s irrelevant that the other officer wrote the ticket it out, as long as the officer who gave it to you signed it. Now if it was the officer in the car who put his name on the ticket, then technically he should have handed you the document.

And just to confirm, the affidavit of service should be located on the back of the original ticket.


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