Fatal Error on the Ticket

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bob-boy
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by: bob-boy on
Wed Mar 24, 2010 2:50 pm

Reflections wrote:
bob-boy wrote:what if the speed limit is posted at 70km but the ticket said 60km?
would the ticket be wrong?
Yes the ticket is wrong, but you will have to prove it.
how would i prove this with pictures? video?
so who needs to take the pictures? can it be myself?
if i can prove it is wrong do i win the case?


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Radar Identified
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by: Radar Identified on
Wed Mar 24, 2010 3:53 pm

* 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


jules
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by: jules on
Thu Apr 15, 2010 4:26 pm

What about if the Ticket states for eg. Driver failed to properly wear seat belt, HTA 128 - When I looked up HTA 128 it's speeding. Is this considered a fatal error ??




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Keroba
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by: Keroba on
Wed May 05, 2010 2:44 am

bob-boy wrote:
Reflections wrote:
bob-boy wrote:what if the speed limit is posted at 70km but the ticket said 60km?
would the ticket be wrong?
Yes the ticket is wrong, but you will have to prove it.
how would i prove this with pictures? video?
so who needs to take the pictures? can it be myself?
if i can prove it is wrong do i win the case?
The speed limit being 70 kph, it sounds like it would be contained within a municipal by-law. Check your municipality's by-laws online (many of them have often-accessed by-laws online), or go to city hall/administrative centre and ask for the by-law that defines the speed limits in your municipality.

Also ask if there have been any recent amendments to the by-law section where the particular speed limit you're interested in is contained, just to be sure that it wasn't the stated speed limit at the time of your ticket, etc.


pwrsurge
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by: pwrsurge on
Thu May 20, 2010 4:28 pm

Would incorrect court hours of operation on the back of the ticket count as a fatal error? I recently received a traffic ticket handled by the Brampton Provincial Offences Court on Ray Lawson Blvd and the back of the ticket states that the court office is open from 8:30am to 5:00pm. As I don't live or work near Brampton, I can only visit the court office if I take time off work. The first time, I was there at 4:45p and the door was locked. I assumed that they closed the doors 15 minutes early in order to finish serving everyone waiting in line. For the 2nd time, I showed up at 4:30p, and the door was still locked! I then called the phone number on the ticket and found out that the court now closes at 4:30pm instead of 5:00pm as stated on the ticket.

As I had no other opportunity to attend due to work commitments, I am now past the deadline and was convicted. If I try going again first thing in the morning and speak to a JP, do you guys think that I would be able to reopen the ticket and set a court date?


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Reflections
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by: Reflections on
Thu May 20, 2010 5:56 pm

You can probably get it reopened for this. If they tell you that you could have called, ask them if they have ever called.........
"please continue to hold".......
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


pwrsurge
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by: pwrsurge on
Mon May 31, 2010 12:04 pm

Bastards, they would not even allow me to talk to a JP! I had to pay the ticket and have to go to appeals court in October to see if they will even reopen it! Thinking about bringing the police officer to small claims instead because of the time lost off work due to an outdated ticket slip being used which has the wrong court date. At the very least, the officer could have corrected the court hours on the ticket by hand or advised me verbally and all of this would have been avoided!


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