Charged with HTA 136(1)(b)

KWhite
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Charged with HTA 136(1)(b)

by: KWhite on
Sat Jul 09, 2011 10:30 am

Hello All,

I was waiting at an intersection, during a green light, to make a left hand turn.

The light turned amber and I waited to for the usual people who run through the light late, scanned the traffic and saw the other cars were stopping.

As I proceeded through behind the late car and van coming through very late (I feel she charged the amber/ran a red) hit the front passenger side of my car.

The police then later gave me a ticket for Failing to Yield at a Through Highway under 136.1.b.

Is this even correct? Everything I've read about this charge has had to do with stop signs and private driveways...does it apply to the situation of an amber light and having a collision occur?

I'm planning on fighting the ticket in court and wanted some opinions on the situation.

Thank you,
Kyle


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by: Stanton on
Sat Jul 09, 2011 11:07 am

The proper charge would have been under section 141 or 142, both of which cover turning movements. As you've said, section 136 covers stops signs and doesn't even really apply to what happened. I think there's a very good chance the Crown will simply withdraw the charge if you try and fight it.


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by: KWhite on
Sun Jul 10, 2011 9:08 pm

Thanks for the response Stanton.

I heard from a relative that the justice of the peace has the option of changing the charge if they see fit...some change to the rules b/c the cops have regularly made mistakes in handing out charges in traffic cases...

Has anyone heard of this happening before?

I'm hoping that this case isn't worth the effort or time in altering the charge...




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by: KWhite on
Thu Jul 14, 2011 2:41 pm

Under the Provincial Offences Act I did find this section :

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.


The rest is here : http://www.e-laws.gov.on.ca/html/statut ... e.htm#BK59

I would hope that what you are initially charged with cannot be amended under this section...that just doesn't seem right to me


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by: Simon Borys on
Thu Jul 14, 2011 4:55 pm

s. 34 of the POA gives the court the jurisdiction to amend things like spelling mistakes, incorrect numbers, addresses, etc. It's not meant to give them the ability to change the charge on you. That would violate your right under s. 7 of the Charter to make full answer and defence.
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by: Radar Identified on
Fri Jul 15, 2011 12:54 pm

I would add that they have up to six months from the date of the offence to amend your charge BEFORE the proceedings start. Once the proceedings start, the Justice of the Peace and the Prosecutor cannot amend the charge. The only exception is for speeding, where the officer reduced the ticket at the roadside. Because speeding is still speeding, and the only variation is the actual speed, they can amend the speed to the original that the officer recorded - but they cannot replace it with Stunt Driving or something else once the trial starts.

If the Justice of the Peace does amend the charge after the trial begins (or the Prosecutor amends it after six months from the offence date), you can appeal it and the conviction will be quashed.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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