I'm curious about speeding tickets that involve community safety zones. Does the Crown have to establish the legitimacy of a community safety zone in order to justify the fine? Because if there is no evidence of a community safety zone (ie. relevant municipal/regional by-law outlining existence and times) then wouldn't that make the fine incorrect, and therefore a fatal flaw on the certifcate? I am obviously not sure whether any of this is true, so I'm seeking opinions from anyone who might be able to help. Also, if the certificate bears an error regarding the location of the offense, but is cited as a designated community safety zone, what impact does that have on the ability to prosecute the charge? Consider the following hypothetical scenario, does this differ from just a regular ticket? Driver pulled over in municipality A, close to the border of muicipality B on Regional road (not municipal road). Section of road in municipality A is designated by the region as community safety zone. On certificate, under location, regional officer lists municipality B, where no community safety zone exists. Therefore, since the alleged offense took place in a legitimate community safety zone, in municipality A, does the error on the certificate have any impact on the proper prosecution of the law? A) Yes B) No Explain! Thanks for your input guys, this issue has been puzzling me for a while. Personally, I think that no, it probably doesn't have an impact, but I'm curious to see if any more experienced members can weigh in on this issue. Thanks slyk
I'm curious about speeding tickets that involve community safety zones.
Does the Crown have to establish the legitimacy of a community safety zone in order to justify the fine? Because if there is no evidence of a community safety zone (ie. relevant municipal/regional by-law outlining existence and times) then wouldn't that make the fine incorrect, and therefore a fatal flaw on the certifcate?
I am obviously not sure whether any of this is true, so I'm seeking opinions from anyone who might be able to help.
Also, if the certificate bears an error regarding the location of the offense, but is cited as a designated community safety zone, what impact does that have on the ability to prosecute the charge?
Consider the following hypothetical scenario, does this differ from just a regular ticket?
Driver pulled over in municipality A, close to the border of muicipality B on Regional road (not municipal road).
Section of road in municipality A is designated by the region as community safety zone.
On certificate, under location, regional officer lists municipality B, where no community safety zone exists.
Therefore, since the alleged offense took place in a legitimate community safety zone, in municipality A, does the error on the certificate have any impact on the proper prosecution of the law?
A) Yes
B) No
Explain!
Thanks for your input guys, this issue has been puzzling me for a while. Personally, I think that no, it probably doesn't have an impact, but I'm curious to see if any more experienced members can weigh in on this issue.
Thanks
slyk
SLYK
-------------
"Bad laws are the worst sort of tyranny." - Edmund Burke"
"Never forget that everything Hitler did in Germany was legal" - MLK Jr.
It used to happen more often before amalgamation. But just the same you must be tried where they say you did it. At least for municipal court. EG: boundries like Steeles Ave. North is a variety of places and south is toronto. A toronto cop may follow you past the boundrie and say you did it in TO But the stop-light is in Vaughn.(north side) Or vise versa.And on the ticket.And it is the wrong place.(opposite) Before you let them say anything object that they have no jurisdiction. (they must have called you to the wrong court for this to work) Most likely they will kick you out before others get ideas. N:1If you let them talk they can re-set the court.(you have to talk first) Imagine the cops problem if he tickets half on each side. I am not sure how the OPP gets around but I suspect it is provincial. Cheers Viper1
It used to happen more often before amalgamation.
But just the same you must be tried where they say you did it.
At least for municipal court.
EG: boundries like Steeles Ave. North is a variety of places and south is toronto.
A toronto cop may follow you past the boundrie and say you did it in TO But the stop-light is in Vaughn.(north side)
Or vise versa.And on the ticket.And it is the wrong place.(opposite)
Before you let them say anything object that they have no jurisdiction.
(they must have called you to the wrong court for this to work)
Most likely they will kick you out before others get ideas.
N:1If you let them talk they can re-set the court.(you have to talk first)
Imagine the cops problem if he tickets half on each side.
I am not sure how the OPP gets around but I suspect it is provincial.
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
Every court area I have dealt with allows a neighbouring municipality's matter to be brought into their court, provided the road connects both and the road name is the same. (ie: Reflections Avenue goes thru Municipality of Bookm and then into Municipality of Borys Ticket wrote on Municipality of Bookm ticket. Location: Reflections Avenue, Borys) The problem after that is just internal municipal stuff. Such as when a ticket in Municipality of Borys is wrote on a Municipality of Bookm ticket. The court is in Bookm. Bookm has all the costs of running the court etc.. But if the court collects a fine from the offence, it gets allocated back to Municipality of Borys. So the answer I will give is both: - ticket is legit as road connects - ticket has minor flaw, with wrong municipality listed as the offence location, but could be ammended in court
Every court area I have dealt with allows a neighbouring municipality's matter to be brought into their court, provided the road connects both and the road name is the same.
(ie: Reflections Avenue goes thru Municipality of Bookm and then into Municipality of Borys
Ticket wrote on Municipality of Bookm ticket.
Location: Reflections Avenue, Borys)
The problem after that is just internal municipal stuff. Such as when a ticket in Municipality of Borys is wrote on a Municipality of Bookm ticket. The court is in Bookm. Bookm has all the costs of running the court etc.. But if the court collects a fine from the offence, it gets allocated back to Municipality of Borys.
So the answer I will give is both:
- ticket is legit as road connects
- ticket has minor flaw, with wrong municipality listed as the offence location, but could be ammended in court
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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