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Ontario Highway Traffic Act

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Handwritten speeding ticket, errors, officer retiring
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PostPosted: Tue Aug 30, 2011 10:35 am 
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Joined: Tue Aug 30, 2011 10:23 am
Posts: 3
Good Day,

Just got a speeding ticket, with some items on it raising questions. Hope you can help.

1. Handwritten ticket, stated 89 km/h in 50 km/h zone, then the officer hand-wrote on the yellow copy that it was 89 in a 60. The fine is correct for 89 in a 60 though

Does this help at all? Not sure if his white copy was corrected, but possibly not (still says 89 in 50)

2. He just wrote "W/B Steeles Ave W", without indicating the intersection (he caught me in a strip mall approaching an intersection. In that spot, it is indeed 60, but Steeles has areas of 80 further west, still within Toronto.

Can I argue about incomplete info here?

3. He did not request ownership and insurance, just the license. He did not even go back to his car to check anything, just hand-wrote the ticket right there

Any ground here at all?

4. He mentioned that I should choose option 3, since by the time this reaches court, he will likely retire.

What happens in this case? Don't the tickets / notes get handed over to a successor?

Thanks for all help!


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Re: Handwritten speeding ticket, errors, officer retiring
PostPosted: Tue Aug 30, 2011 10:38 am 
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Joined: Tue Aug 30, 2011 10:23 am
Posts: 3
Oh yes, one more thing - getting this reduced to 10 over and no demerit point will not help, since the insurance co considers a "minor" to be anything less than 50 over, and for any minor the premium hit is still the same. I am looking to get this one thrown out.

Thanks


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Re: Handwritten speeding ticket, errors, officer retiring
PostPosted: Tue Aug 30, 2011 5:28 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
1) If the charge wording has been corrected on both copies, I don't think it's an issue.
2) Intersection is not required unless it's an intersection related offence (i.e. red light, stop sign).
3) As long as he obtained your licence and can confirm your identify, there is no need for the other documents or to check your name on the computer.
4) He would still need to attend Court to give evidence, he can't pass his notes on to someone else. In my experience retired officers typically DO show up for Court. If he's summoned he's still legally required to attend, even if retired. You've got nothing to lose by going to trial and seeing if he makes it though, sounds like your best shot unless his notes lack any key evidence.


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Re: Handwritten speeding ticket, errors, officer retiring
PostPosted: Wed Aug 31, 2011 10:59 am 
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Joined: Tue Aug 30, 2011 10:23 am
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Thanks for the response, Stanton!
I went to OTT Legal today.... Will keep my fingers crossed.


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