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Ontario Highway Traffic Act

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OOps! The police officer forgot to return my documents...
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PostPosted: Tue Nov 17, 2009 11:01 pm 
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Joined: Tue Nov 17, 2009 10:21 pm
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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?


Last edited by justfred123 on Thu Nov 19, 2009 11:11 am, edited 1 time in total.

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Re: OOps! The police officer forgot to return my documents..
PostPosted: Wed Nov 18, 2009 12:22 am 
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Posts: 2933
Location: In YOUR rearview mirror!
justfred123 wrote:
Because it didn't happened in my jurisdiction can I ask to change courts?


Court is in the area that it happened.

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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: Wed Nov 18, 2009 5:25 am 
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Location: Guelph, Ontario
What were you charged with again? Were you charged with "Fail to stop at a stop sign" or "Disobey signs"? Look at the subsection you were charged under, ie 182 (2), and look it up in our "Demerit Points System Table"
Use "Ctrl+F" (inline search function on most browsers) to save time.

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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Thanks for the reply feel good to find a little bit support
PostPosted: Wed Nov 18, 2009 6:34 am 
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What were you charged with again? Were you charged with "Fail to stop at a stop sign" or "Disobey signs"?

It was "Fail to stop at a stop sign" - 3 points. No, I wasn't charged the second time they stopped me - they stopped me to return all my documents they took in the first stop.


Last edited by justfred123 on Thu Nov 19, 2009 11:12 am, edited 1 time in total.

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PostPosted: Wed Nov 18, 2009 6:43 am 
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Location: Guelph, Ontario
There is always a chance that you win the ticket. If you have a just cause, your chances are higher. If you know what to do, they are higher still.

You can always start by checking the ticket for obvious errors. Some errors are fatal, some not. Then you can send in the ticket with "Option 3 - trial" checked off ("Officer present" too). After that, once you receive a court date, you can file for disclosure (evidence against you). Make sure to visit www.ticketcombat.ca for a no-nonsense detailed approach on how to fight tickets, and about the whole process. Read up more cases here, especially in your category, and use search for other keywords you might have.

Between now and court there will be a delay of a few months. Once you receive the disclosure, make sure to post back here with your court date. There is a chance of stay application if court date is too far off.

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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Delay of a few months ?
PostPosted: Wed Nov 18, 2009 9:37 am 
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Sorry but I am familiar with that info from Ticket combat, the post was regarding the fact he forget to return my documents. For a while I was driving without the documents... if another cop was going to stop me without documents it could result in another charge. Anyway it was a mistake that was causing a lot of stress since I thought he found something else wrong.
Can I use his mistake to underline that he goofed again? I thought his actions has to be perfect from writing the ticket until he'll let you go.
Please help.


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Stop Sign Ticket,
PostPosted: Sun Nov 22, 2009 9:53 am 
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Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
Not returning your documents has nothing to do with whether the ticket is valid or not. Call the officer and get your documents back.

_________________
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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