The officer wrote the wrong section number on my offence notice and certificate of offence.
How do I file a motion to quash the Certificate of Offence?
Motion to quash the Certificate of Offence
The officer wrote the wrong section number on my offence notice and certificate of offence.
How do I file a motion to quash the Certificate of Offence?
Re: Motion to quash the Certificate of Offence
Look up fatal errors.
Re: Motion to quash the Certificate of Offence
I looked that up already on Ticketcombat.com.
What forms do I need?
Who do I serve the motion too?
Do you serve it the same way as you serve an 11b)?
Re: Motion to quash the Certificate of Offence
There are no forms nor any motions that are required to initiate a forced fatal error; you simply ignore the ticket or choose trial and don't show up. When you ignore (POA S.9) or fail to show (POA S.9.1) the JP has to examine the face of the ticket, and if he notices a fatal error he has to quash the ticket
http://www.e-laws.gov.on.ca/html/statut ... ote]Deemed not to dispute charge
9. (1) A defendant is deemed to not wish to dispute the charge where,
(a) at least 15 days have elapsed after the defendant was served with the offence notice and the defendant did not give notice of intention to appear under section 5, did not request a meeting with the prosecutor in accordance with section 5.1 and did not plead guilty under section 7 or 8;
(b) the defendant requested a meeting with the prosecutor in accordance with section 5.1 but did not attend the scheduled meeting with the prosecutor; or
(c) the defendant reached an agreement with the prosecutor under subsection 5.1 (7) but did not appear at a sentencing hearing with a justice under subsection 5.1 (8). 2009, c. 33, Sched. 4, s. 1 (13).
Action by justice
(2) Where a defendant is deemed to not wish to dispute the charge, a justice shall examine the certificate of offence and shall,
(a) where the certificate of offence is complete and regular on its face, enter a conviction in the defendants absence and without a hearing and impose the set fine for the offence; or
(b) where the certificate of offence is not complete and regular on its face, quash the proceeding. 2009, c. 33, Sched. 4, s. 1 (13).
Failure to appear at trial
9.1 (1) A defendant is deemed to not wish to dispute the charge where the defendant has been issued a notice of the time and place of trial and fails to appear at the time and place appointed for the trial. 2009, c. 33, Sched. 4, s. 1 (14).
Examination by justice
(2) If subsection (1) applies, section 54 does not apply, and a justice shall examine the certificate of offence and shall without a hearing enter a conviction in the defendants absence and impose the set fine for the offence if the certificate is complete and regular on its face. 1993, c. 31, s. 1 (3).
Quashing proceeding
(3) The justice shall quash the proceeding if he or she is not able to enter a conviction. 1993, c. 31, s. 1 (3).[/quote]If you bring the fatal error to the attention of the prosecutor at Trial... they will amend the face of the P.O.N. to read the correct section # and proceed to trial. (POA S.34)
http://www.e-laws.gov.on.ca/html/statut ... ]Amendment of information or certificate
34. (1) The court may, at any stage of the proceeding, amend the information or certificate as may be necessary if it appears that the information or certificate,
(a) fails to state or states defectively anything that is requisite to charge the offence;
(b) does not negative an exception that should be negatived; or
(c) is in any way defective in substance or in form.[/quote]
Re: Motion to quash the Certificate of Offence
Motion to quash information or certificate
36. (1) An objection to an information or certificate for a defect apparent on its face shall be taken by motion to quash the information or certificate before the defendant has pleaded, and thereafter only by leave of the court.
what about this legislation?
Re: Motion to quash the Certificate of Offence
I believe the motion to quash is done by the JP, and is simply an oral statement where they identify the defect and quash it. POA S.36 is discussed in a completely different light in London (City) v. Young, 2008 ONCA 429 (CanLII): http://canlii.ca/t/1x2n3
It would be in your best interest to read that ruling in full to better understand how the forced fatal error works.
[17] The appellant makes three arguments in support of the proposition that the certificates at issue should not have been quashed. The first is that the proper approach to be taken by a justice when reviewing a certificate of offence under s. 9(1) to determine whether it is "complete and regular on its face" is to correct any defect in substance or form, particularly technical deficiencies such as an error in the set fine amount, rather than quash the proceeding. The appellant points to sections of the Act that favour amendment of deficiencies rather than quashing of proceedings. For example, s. 34(1) allows the court "at any stage of a proceeding" to amend the information [page223] or certificate that is defective in substance or form in any way. The appellant also points to s. 36(2), which states that the court shall not quash an information or certificate unless an amendment "would fail to satisfy the ends of justice".
[18] In my view, it is clear that these sections were not intended to apply when a justice is exercising the special powers and procedure conferred by s. 9(1) of the Act. The provisions cited by the appellant, ss. 34(1) and 36(2), are found in Part IV of the Act, titled "Trial and Sentencing". Although the opening words of s. 34(1) state that "the court may at any stage of the proceeding amend . . ." (emphasis added), it is clear from reading the entire section that it is intended to apply in the context of a proceeding on an information or certificate that has moved forward to the hearing stage. Furthermore, s. 36(2) must be read together with s. 36(1), which requires that an objection to an information or certificate for a defect on its face must be made by motion to quash, either before the defendant has entered a plea or after with leave of the court. Subsection (2) directs the court that it is in responding to such a motion that the court is to amend the information or certificate if possible rather than quash. This section does not apply to the s. 9(1) in-office default procedure, where there are no motions to quash made and no plea is taken.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
Any help would be appreciated
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
I'm having a big issue right now.
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
The…
I was reading the other topic in this fourm.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Do I have a case where I could win?
Hello, hoping here someone can help.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.

The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)

I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
Thanks!
Hey,
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
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Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I have a trial scheduled for Monday and finally went to pick up the notes and DVD. Would love some advice.
This is a ticketed 70 in a 60, reduced from an alleged 84.
xxxx car with PC <officer>
Sunny Clear Morning Roads Dry and Bare
Rds in good condition with clearly marked lanes.
Bee III tested at 0725 hrs
Police are W/B Observe a blk <my car> weaving through traffic…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
I…
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
so I wonder if the OPP going to be out Monday morning handing out tickets for talking on the cell phone tommorow ![]()
wonder how much this is going to backlog the courts now--because im thinking, alot of people just arent going to get it..
Hi,
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
but this information says differently..
www.canlii.org/en/on/laws/reâ¦latest/rro-1990-reg-200.html
11. (1) The clerk…
I got a ticket for doing 145km/hr in a 100km/hr posted on hwy 401 East Region near Napanee at 11:15pm on Oct 24 2014.
I am fighting the ticket myself and just received the disclosure.
The officer used the Genesis II Select Directional Radar and in her notes she wrote:
"Radar - G2S25705"
"test before - 1100"
"test after - 0410"
Can anyone tell me what the two numbers for test before and test after mean?
I…
Dear friends,
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
My…
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…