I got a ticket for invalid permit. Ticket read "DRIVE MOTOR VECHILE- NO CURRENTLY VALIDATE PERMIT" Then contrary to "HTA" with the section blank. It should be HTA 7(1)(a). Permit requirements 7. (1) No person shall drive a motor vehicle on a highway unless, (a) there exists a currently validated permit for the vehicle; Image attached. According to list this is a fatal error that invalidates the ticket. Is it correct that this ticket is invalidated? What do I do now to get the ticket cancelled? Do I still have to go to court? I requested a trial and request disclosure. It's been more than 45 days since disclosure request and I have not received any notice. Also this was 2 days after my so plate had OCT sticker... But I guess this doesn't matter...
I got a ticket for invalid permit. Ticket read "DRIVE MOTOR VECHILE- NO CURRENTLY VALIDATE PERMIT" Then contrary to "HTA" with the section blank.
It should be HTA 7(1)(a).
Permit requirements
7. (1) No person shall drive a motor vehicle on a highway unless,
(a) there exists a currently validated permit for the vehicle;
Image attached.
According to list this is a fatal error that invalidates the ticket.
Is it correct that this ticket is invalidated?
What do I do now to get the ticket cancelled?
Do I still have to go to court?
I requested a trial and request disclosure. It's been more than 45 days since disclosure request and I have not received any notice.
Also this was 2 days after my so plate had OCT sticker... But I guess this doesn't matter...
You do not have the required permissions to view the files attached to this post. Register to view.
Doing some research specifically on Missing HTA Section and found this. http://canlii.ca/t/22nkc R. v. Hargan, 2009 ONCJ 65 in which an appeal based on missing section code was dismissed. Has there been decisions since that affect this It goes into analysis of previous decisions but of specific importance section 11,12,13 below. [11] Livingstone J. concluded that not every box and space on the certificate need be filled with the relevant information. She accepted the position of Libman J. in R. v Koshael (supra) that the certificate need only set out the elements required to enter a conviction. She made reference to R. v Baldasare (supra) as an example of information not required. She postulated that other irregularities on the certificate dealing with "whether a motor vehicle was involved", "plate number", "drivers license number", and "drivers birthdate" would not lead to a quashing of the certificate under s. 9.1(3). [12] Clark J., in R. v Sivaguru, [2004] O.J No. 2927 (Ont. C.J.) approved of and relied on R. v Wilson (supra) and R. v Kashael (supra). He found that the absence of a section number on the certificate was fatal. [13] It appears that neither Livingstone J. nor Clark J. was made aware by counsel of the decision of Libman J. in R. v Goodman, [2001] O.J. No. 2111. This case was argued together with Kashael and the judgments were released at the same time. The endorsement in Goodman is as follows: "This appeal was argued together with R. v Khoshael, [2001] O.J. No.2110. For the reasons given in that decision, the certificate of offence in this case was complete and regular on its face, as required by s. 9.1(2) of the Provincial Offences Act, notwithstanding the manner in which the certificate particularized the offence as "amber light fail to stop", contrary to the Highway Traffic Act, without reference to the section number, or having regard to the legibility of the signature of the issuing provincial offences officer. The appeal is dismissed."
Doing some research specifically on Missing HTA Section and found this.
R. v. Hargan, 2009 ONCJ 65 in which an appeal based on missing section code was dismissed.
Has there been decisions since that affect this
It goes into analysis of previous decisions but of specific importance section 11,12,13 below.
[11] Livingstone J. concluded that not every box and space on the certificate need be filled with the relevant information. She accepted the position of Libman J. in R. v Koshael (supra) that the certificate need only set out the elements required to enter a conviction. She made reference to R. v Baldasare (supra) as an example of information not required. She postulated that other irregularities on the certificate dealing with "whether a motor vehicle was involved", "plate number", "drivers license number", and "drivers birthdate" would not lead to a quashing of the certificate under s. 9.1(3).
[12] Clark J., in R. v Sivaguru, [2004] O.J No. 2927 (Ont. C.J.) approved of and relied on R. v Wilson (supra) and R. v Kashael (supra). He found that the absence of a section number on the certificate was fatal.
[13] It appears that neither Livingstone J. nor Clark J. was made aware by counsel of the decision of Libman J. in R. v Goodman, [2001] O.J. No. 2111. This case was argued together with Kashael and the judgments were released at the same time. The endorsement in Goodman is as follows:
"This appeal was argued together with R. v Khoshael, [2001] O.J. No.2110. For the reasons given in that decision, the certificate of offence in this case was complete and regular on its face, as required by s. 9.1(2) of the Provincial Offences Act, notwithstanding the manner in which the certificate particularized the offence as "amber light fail to stop", contrary to the Highway Traffic Act, without reference to the section number, or having regard to the legibility of the signature of the issuing provincial offences officer.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
This happened in last year (2015) April. I was going to pick up my son from Queen's University (Kingston) after his exams, and I guess I was too excited and was caught speeding 36km. The cop didn't say anything to me, just asked for my registration etc. Came back and handed me the ticket and…
Asking for input on whether I should hire someone or go to court myself.
Situation:
Was on a 60 road with a bit of traffic. Construction on the two right lanes leaving just a left turn lane and the centre lane. It was a green light so I accelerated (also writing down on my statement that I…
I got ticketed for a 72 in a 50 zone that I actually thought was a 60 zone as it was less than a km before.
I had an aggressive driver on my bumper so after tapping my brakes a few time I accelerated to merge into a different lane which was when I got caught in a speed trap.
I'm laughing my a$$ off at the scales of injustice in this town... This is a crazy story!
I'm cycling from home to work on Oct. 3 & get struck while traveling through my green light by a jeep turning right at his red light at the corner of Hwy101 & Brunette Road (Hollinger Park)!…
I was in court last week and the crown and judge agreed on a joint submittion that I plea guilty to dangerious driving. The judge commended me on the work I have done to improve myself and stated that there would be no prohibition on my drivers licence. He gave me a fine and one years probation…
Got a ticket for failure to obey sign. Essentially went straight on a right turn lane when there was a traffic blitz going south from Markham Main st past Hwy 7 east.
I received my notice of trial for July 17th but I assumed this was going to be a first appearance or is this the actual trial…
I've posted at this forum before under a different username a while back, which I unfortunately can't remember, and at that time the people who replied back were extremely helpful and for that I'm grateful.
Last night I was leaving Toronto driving north on University just north of Queens…
In early March I was driving in the Yonge & Churchil area. An officer said I failed to stop at a stop sign and ticketed me 110+3 demerits. While getting my license etc. I have multiple photocopy of my car ownership in my car, and that I thought I handed him the copy with the validation…
Hi, I am from Ontraio, Canada. I was using my friends car for moving some stuff around and was stopped by police and could not produce insurance slip. Got $65 ticket and paid it thinking not to make fuss about it. I know I made a mistake by not contesting it more so given that it was my first…