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  [ 8 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Case law regarding a justice or prosecutor changing a charge
Author Message
PostPosted: Tue Jun 22, 2010 10:26 am 
Offline
Newbie

Joined: Wed Jun 16, 2010 2:46 pm
Posts: 8
Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?


Top
 Profile  
 
PostPosted: Tue Jun 22, 2010 11:56 am 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
I'm not sure if you question is purely academic or not, but if you are concerned that this might happen, don't be. It doesn't work that way. If you are being tried on a specific charge you can suddenly start to be tried on a different charge when you're already in the trial. If they want they can drop a charge altogether and lay a new charge against you, or just add a new charge.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
you might be surprised
PostPosted: Tue Jun 29, 2010 12:39 pm 
Offline
Newbie

Joined: Wed Jun 16, 2010 2:46 pm
Posts: 8
Thanks for responding Simon.
Actually it's more than academic. I received a ticket (red light) where the officer said I should have been able to stop my car in 10 to 15' (from 50 km/h) when the light went from green to amber. Since that's impossible, the only way they could get a conviction would be to change the charge on the ticket. Hence my query.
Anecdotally: You might be surprised with what goes on in Traffic Court in some "small town" Ontario courtrooms. In our locale there is a JP who allows officers to rewrite tickets right in court during trial. Not always, but often enough that the local attorneys all know about it. Lets face it most lay people defending a ticket don't know whether to fart or wind their watches when it comes to something like this.
Quote:
Common sense is not a defense.


Top
 Profile  
 
PostPosted: Wed Jun 30, 2010 9:35 am 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
I am kind of surprised to hear that since a conviction under a rewritten ticket like that would be quashed with prejudice on appeal. But you are correct, most people who are getting the ticket have no idea what is going on. This is why I'm a big fan of educating people and why I take the time to share my knowledge and experience on this forum, because justice suffers when people aren't educated about the law and their rights.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
Re: you might be surprised
PostPosted: Wed Jun 30, 2010 11:15 am 
Offline
Jr. Member

Joined: Sat May 29, 2010 7:19 pm
Posts: 91
Location: Hamilton, ON
.
..
Hi Mr. Peabody:

Mr. Peabody wrote:
...a JP who allows officers to rewrite tickets right in court during trial.

Simon Borys wrote:
...a conviction under a rewritten ticket like that would be quashed with prejudice on appeal.


The key words are 'rewrite tickets'. If it is an amendment under s. 34 of the HTA, it can lawfully done under certain circumstances. In the case of an amber/red light situation, the certificate can not be lawfully amended.

If the officer writes a new ticket, the certificate should be quashed on appeal as Simon says. Although, I think that with or without prejudice does not apply because the decision of the appellate court is final and reviewable by a higher court. The Crown can not later on re-initiate proceedings for the same offence without a successful apeal.


BTW Mr. Peabody, I was wondering if you could provide us with the four-digit number located on top-left of your ticket. It's called Icon Location Number, which identifies the provincial offences court.

Personally, I am interested in comparing procedural differences between jurisdictions.

Cheers.
..
.


Top
 Profile  
 
Icon Location Number and small town Ontario
PostPosted: Fri Jul 02, 2010 9:50 pm 
Offline
Newbie

Joined: Wed Jun 16, 2010 2:46 pm
Posts: 8
Thanks Biron, for your insights.
We live in too small a town to give out that info. I do think that people who live in larger centres have no idea what goes on in these smaller areas.
I posted my "results" in the post titled "officer's narrative style in disclosure".
If you feel inclined, tell me what you think.


Top
 Profile  
 
PostPosted: Sun Jul 04, 2010 9:45 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Simon Borys wrote:
This is why I'm a big fan of educating people and why I take the time to share my knowledge and experience on this forum, because justice suffers when people aren't educated about the law and their rights.


Education is the pillar of democracy. Without it, the system is doomed to fail.

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
PostPosted: Mon Jul 05, 2010 8:46 am 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
Well said!

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 8 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Careless Driving Charge - Case Law Presentation

Johnny b

9

1618

Thu Jan 22, 2015 11:13 am

Johnny b View the latest post

There are no new unread posts for this topic. HTA charge modified to By-Law charge (advice?)

GTAcommuter17

3

144

Sat Nov 18, 2017 3:10 pm

Zatota View the latest post

There are no new unread posts for this topic. Case law?

Otto

1

515

Wed Sep 25, 2013 4:39 pm

iFly55 View the latest post

There are no new unread posts for this topic. Case law conversion

hwybear

10

842

Thu Dec 04, 2008 8:38 pm

ticketcombat View the latest post

There are no new unread posts for this topic. Case Law Update

[ Go to pageGo to page: 1, 2 ]

ticketcombat

24

6960

Tue Aug 11, 2009 9:12 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Case Law submission...

Bookm

2

460

Sun Aug 30, 2009 7:49 pm

Bookm View the latest post

There are no new unread posts for this topic. What cases become case law?

PbFoot

3

799

Wed Jan 06, 2010 10:18 pm

amcamx View the latest post

There are no new unread posts for this topic. How to find case law?

jsherk

2

527

Wed Feb 27, 2013 3:26 pm

jsherk View the latest post

There are no new unread posts for this topic. Couple of case law examples I am looking for...

PaulinCanada

2

435

Thu Sep 02, 2010 9:15 am

Radar Identified View the latest post

There are no new unread posts for this topic. New cell phone case law

Stanton

0

1088

Fri Sep 27, 2013 3:30 pm

Stanton View the latest post

There are no new unread posts for this topic. New Case Law - Game Changer - Speeding

FyreStorm

7

3390

Wed Feb 23, 2011 12:00 am

LAWguy View the latest post

There are no new unread posts for this topic. ATV With Tracks - Status and Case Law

RileyP

5

937

Sat Dec 22, 2012 9:43 pm

Rusty97 View the latest post

 


Who is online

Users browsing this forum: Bing [Bot], Google [Bot] 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.