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Ontario Highway Traffic Act

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error on ticket
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PostPosted: Sun Dec 09, 2012 10:54 pm 
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Newbie

Joined: Sun Dec 09, 2012 10:41 pm
Posts: 1
last week cop stopped me and gave me ticket FAIL TO STOP AT RED LIGHT 144(12).HTA SUBSECTION SHOULD BE 144(18).ON NOTICE OF TRAIL SAYS "GREEN LIGHT FAIL TO STOP 144(12).IS THIS A GROUND TO QUASH THE TICKET.ANY EXPERT ADVICE.PLEASE HELP.


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Re: error on ticket
PostPosted: Mon Dec 10, 2012 10:22 am 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
the offence notice (ie ticket) is the charging document, NOT the notice of trial

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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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Re: error on ticket
PostPosted: Mon Dec 10, 2012 2:28 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
As stated above, errors on the notice of trial are irrelevant, only errors on the ticket itself are applicable.
In terms of the ticket, I don’t believe an incorrect section is a fatal error, especially if the charge wording is correct. It could certainly be amended if you go to trial.
The only other possibility is to force a fatal error by ignoring the ticket, but I’m really not certain if that would work in your case. Hopefully someone else can advise.


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