Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 58 posts ]  Go to page Previous  1, 2, 3, 4
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Re: Appeal Red light conviction
Author Message
PostPosted: Thu Dec 08, 2016 4:53 pm 
Offline
Jr. Member

Joined: Tue Nov 22, 2016 5:35 pm
Posts: 29
argyll wrote:
The issue is the date that the notes were made. The error from disclosure is that the date wasn't included, but there would have been a date. What sometimes happens is an officer writes the date at the start of the shift and then makes pages of notes. My best practice was to photocopy the date page and then attach it to the actual incident notes. It appears as if this did not happen. That would have been your line of questioning at the trial, asking when the notes were made. The fact that you didn't get them through FOI is a complaint against that process, not the disclosure which you DID receive and had an opportunity to cross-examine and ask the officer when they were made.

No officer is going to perjure themselves and say they made their notes at the time when they actually made them 20 days later as it would be so easy to find out - that's why notebook pages are numbered. Why would they risk a $100k a year job for a traffic ticket ? You had the opportunity to question what date the notes were made when the officer was on the stand ? Did you ask him when they were made ? Did you ask him to show you the date entry ? If not then that is a poor presentation of evidence to support your case, not a ground for a successful appeal.



The crown asked him and he said he wrote it right away. I am not sure if the ticket is same for RCMP and other force but it appears he wrote it in the back of the ticket.


Top
 Profile  
 
Re: Appeal Red light conviction
PostPosted: Thu Dec 08, 2016 8:55 pm 
Offline
Jr. Member

Joined: Thu Nov 24, 2016 6:32 pm
Posts: 30
Did you cross examine the officer? If not why not? If you failed to do so, that is not grounds for an appeal.


Top
 Profile  
 
Re: Appeal Red light conviction
PostPosted: Fri Dec 09, 2016 8:05 pm 
Offline
Jr. Member

Joined: Tue Nov 22, 2016 5:35 pm
Posts: 29
lolwut wrote:
Did you cross examine the officer? If not why not? If you failed to do so, that is not grounds for an appeal.

I did cross examine him.


Top
 Profile  
 
Re: Appeal Red light conviction
PostPosted: Mon Dec 12, 2016 5:08 pm 
Offline
Jr. Member

Joined: Tue Nov 22, 2016 5:35 pm
Posts: 29
jsherk wrote:
You can file your appeal immediately after your trial finishes so you do not need to wait for any notices.

You only have so many days (30 I think) to file the appeal from the date of your trial.

You should call the provincial offences office and ask them how to file the appeal (whether in person or by mail).


The reason is in not sure if the judge added 5$ court cost to the original ticket set fine.? Do they usually add it?


Top
 Profile  
 
Re: Appeal Red light conviction
PostPosted: Mon Dec 12, 2016 8:25 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Your original ticket wil have a SET FINE and a TOTAL PAYABLE.

The TOTAL PAYBLE usually is the SET FINE + Court Costs + Victim Surcharge.

When convicted at trial, for some offences the JP can use a Statuatory Fine instead of the Set Fine. Anyways you would have ask the Provincial Offences Office for the final breakdown of whatever they say you owe, and they will be able to tell you the Fine amount, the Court Cost amount and the Victim Surcharge amount.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Appeal Red light conviction
PostPosted: Tue Dec 13, 2016 9:55 pm 
Offline
Jr. Member

Joined: Tue Nov 22, 2016 5:35 pm
Posts: 29
I want to serve the transcript to prosecutor but because RCMP issued the ticket I don't know should I give it to Federal persecutor?


Top
 Profile  
 
Re: Appeal Red light conviction
PostPosted: Thu Dec 15, 2016 2:58 pm 
Offline
Jr. Member

Joined: Tue Nov 22, 2016 5:35 pm
Posts: 29
jsherk wrote:
Your original ticket wil have a SET FINE and a TOTAL PAYABLE.

The TOTAL PAYBLE usually is the SET FINE + Court Costs + Victim Surcharge.

When convicted at trial, for some offences the JP can use a Statuatory Fine instead of the Set Fine. Anyways you would have ask the Provincial Offences Office for the final breakdown of whatever they say you owe, and they will be able to tell you the Fine amount, the Court Cost amount and the Victim Surcharge amount.



So I got my transcript. RCMP officer was enforcing the traffic in Federal Roadway, but he charged me with Ontario Highway traffic act.


Top
 Profile  
 
Re: Appeal Red light conviction
PostPosted: Thu Dec 15, 2016 3:23 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
What is a "Federal Roadway"? Where is this defined?

The Ontario Highway Traffic Act says that to be found guilty of speeding, one of the things that must be proven is that you were on a "highway".

In the HTA, Highway is defined as:
- includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof

So most likely a federal roadway would qualify as a highway.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Appeal Red light conviction
PostPosted: Thu Dec 15, 2016 9:45 pm 
Offline
Jr. Member

Joined: Tue Nov 22, 2016 5:35 pm
Posts: 29
jsherk wrote:
What is a "Federal Roadway"? Where is this defined?

The Ontario Highway Traffic Act says that to be found guilty of speeding, one of the things that must be proven is that you were on a "highway".

In the HTA, Highway is defined as:
- includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof

So most likely a federal roadway would qualify as a highway.


In Ottawa we have places like National research consul this are excluded from Ontario law because these are under Federal jurisdiction.


Top
 Profile  
 
Re: Appeal Red light conviction
PostPosted: Thu Dec 15, 2016 10:11 pm 
Offline
Moderator
User avatar

Joined: Mon Mar 14, 2011 11:31 am
Posts: 665
They actually aren't "excluded form Ontario law"
The GPTR simply allows the issuing of Provinal Offence notices on federal property in any Province and says that the provinicial laws where that property is located are in effect.
A common example are the offence notices issued on Canadian Forces Bases.

http://laws-lois.justice.gc.ca/eng/regu ... .,_c._887/


Top
 Profile  
 
Re: Appeal Red light conviction
PostPosted: Mon Oct 02, 2017 11:10 am 
Offline
Jr. Member

Joined: Tue Nov 22, 2016 5:35 pm
Posts: 29
If I ask the crown to change it from 144(18) to Red light camera and she accepts,
Is it going to my driving license record? I am not the owner of the car but I am the driver.


Top
 Profile  
 
Re: Appeal Red light conviction
PostPosted: Wed Oct 04, 2017 10:29 pm 
Offline
Jr. Member

Joined: Tue Nov 22, 2016 5:35 pm
Posts: 29
What would be the best deal I can get from the crown?


Top
 Profile  
 
Paying ticket after appeal dismissed.
PostPosted: Tue Oct 10, 2017 2:02 pm 
Offline
Jr. Member

Joined: Tue Nov 22, 2016 5:35 pm
Posts: 29
I got a ticket and went to trial and court ruled against me, I filed a motion to appeal. Also, the court extended the due date to pay the ticket to 30 Nov 2017
Today I went to appeal court and the court dismissed my appeal. Do I still have time to pay the ticket until 30 Nov 2017?


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 58 posts ]  Go to page Previous  1, 2, 3, 4

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Appeal Conviction - Red Light

mayday

6

873

Tue Jan 10, 2012 1:18 pm

mayday View the latest post

There are no new unread posts for this topic. Red light conviction question

[ Go to pageGo to page: 1, 2 ]

hatetickets

18

1353

Wed Mar 20, 2013 6:49 am

hatetickets View the latest post

There are no new unread posts for this topic. Red Light - Fail to stop 144(18) minor or major conviction?

apu

1

986

Tue Jan 08, 2013 2:20 pm

Stanton View the latest post

There are no new unread posts for this topic. Speeding conviction appeal

[ Go to pageGo to page: 1, 2 ]

Speedtaxed

27

1135

Wed Aug 31, 2016 12:57 am

rank View the latest post

There are no new unread posts for this topic. Careless Driving Conviction and Appeal

killerpm

2

1566

Mon Nov 21, 2011 11:20 am

Simon Borys View the latest post

There are no new unread posts for this topic. Advice on how to appeal a Driving While Suspended Conviction

takesallday

1

1627

Mon Oct 01, 2012 11:46 am

takesallday View the latest post

There are no new unread posts for this topic. Motion for Appeal granted, conviction overturned!!!!! I WON!

Off_Camber

7

3586

Thu Feb 11, 2010 6:59 pm

Keroba View the latest post

There are no new unread posts for this topic. False testimony by officer resulting in conviction - appeal?

diabolis

2

794

Wed Jun 22, 2011 3:19 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Red Light - Fail to Stop & Red Light Camera ticket

goldhead124

7

1700

Thu Mar 17, 2016 6:56 am

t3ch9 View the latest post

There are no new unread posts for this topic. Red Light Fail to Stop - Light changed to red half-way thru

s.knight

4

2369

Fri Sep 30, 2011 12:17 am

Omega_Gin View the latest post

There are no new unread posts for this topic. Red Light- Fail to stop Pedestrian controled Light

2xTurbo

4

1113

Wed Aug 20, 2008 10:02 am

2xTurbo View the latest post

There are no new unread posts for this topic. Attachment(s) Red light camera ticket - broken down truck on the light

blueboy

5

3858

Tue Jan 08, 2013 6:01 am

bend View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.