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Ontario Highway Traffic Act

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Can they AMEND the offence?!
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PostPosted: Wed Jul 14, 2010 9:43 am 
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Hi, I'm new here. I just needed a bit of help.

I was charged under section 32(1), on the LLA.

32. (1) No person shall drive or have the care or control of a motor vehicle as defined in the Highway Traffic Act or a motorized snow vehicle, whether it is in motion or not, while there is contained in the vehicle any liquor, except under the authority of a licence or permit. R.S.O. 1990, c. L.19, s. 32 (1).

I was not driving the vehicle.

I set a court date, but now I've been reading that they can AMEND my ticket if they want, since I set the date before 15 days was up..

Can they change my fine? Put it under a different section? If they can't do that (change the fine entirely), where do I find the information to support this?

I'll also add that I corrected the officer 3 times for 3 separate errors on my ticket (sex, name, and address). I also told the officer that the offence was wrong and he didn't change it...


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PostPosted: Wed Jul 14, 2010 3:09 pm 
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They can amend the offence. However, driving isn't the issue. You do not have to be driving the vehicle to be charged with this offence. The issue is "care or control." If you were so much as sitting in the vehicle (among other things), for example, you could be charged with this offence.

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PostPosted: Wed Jul 14, 2010 9:12 pm 
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What are you concerned that they are going to amend it to?

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