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HELP. Need advise on appeal Drive Motor Vehicle, No Permit
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PostPosted: Sun Apr 26, 2015 11:13 pm 
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Circumstance:

1. Had photocopy of registration in car but was one sided (My dad had only photocopied the front and we keep the original at home) so cop gave me ticket but told me to simply check early resolution on back and meet with prosecutor to show my proper registration as I had the real copy at home.

2. Immediately mailed ticket for early resolution, I even enclosed a copy of my registration with it, but instead got conviction letter a few weeks later.

3. When I called they told me they never received anything and I had no proof I mailed it.. not sure how you prove you mail something...

4. Immediately went to court and filled out forms to reopen so I could show my registration but was denied.

5. Now I'm told I need to pay then appeal.. but it seems so silly to waste so many resources as all I want to do is show someone I have my registration for a ticket that says Drive Motor Vehicle, No Permit.. Isn't there a more sane way of resolving this? Am I just screwed? Or if I appealed most likely it'd be okay.

The way I see it the ticket is for Drive Motor Vehicle, No Permit, and I've been trying my best to prove that I HAVE A PERMIT and I HAD ONE. But I haven't been able to meet show anyone and I don't want it on my record... Can I appeal? In my head it's perfectly truthful. But I gotta drive to New Market twice to fight it and if I lose it'd be a waste... so although morally I should fight it, is it valid?

They say to appeal I need to pay the fine, Fill out forms, drive to the courthouse, hand in forms, wait for a date, then go back to court to do the appeal.

ADVISE Please? I need to resolve this fast, it's been really stressful. Great forum!


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Re: HELP. Need advise on appeal Drive Motor Vehicle, No Pe
PostPosted: Tue Apr 28, 2015 5:01 pm 
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Location: Toronto
Just want to clarify, which section were you charged under? Was it section 7 (5) of the HTA?

The one thing I can tell you for certain is that yes, unfortunately, you must pay your fine first before you appeal. If your appeal is successful, then the money gets returned to you. The appeal is not heard by a Justice of the Peace; it is heard by a full-on Justice.

Sreaberac wrote:
1. Had photocopy of registration in car but was one sided (My dad had only photocopied the front and we keep the original at home) so cop gave me ticket but told me to simply check early resolution on back and meet with prosecutor to show my proper registration as I had the real copy at home.


The "true copy" of your registration also has to have the latest sticker for your license plate to show that it has been validated - even with the validation sticker attached to your license plate. Often in cases like this the Prosecutors have bigger fish to fry so they drop the charge if you show proper documentation. Since the "back side" of the actual permit wasn't photocopied, that might be what the officer was charging you with. The true copy has to have the whole thing.

Sreaberac wrote:
3. When I called they told me they never received anything and I had no proof I mailed it.. not sure how you prove you mail something...


Registered mail, courier.. or serve it in person and get them to stamp a photocopy...

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* 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


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Re: HELP. Need advise on appeal Drive Motor Vehicle, No Pe
PostPosted: Wed May 06, 2015 6:56 pm 
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Yep was 7A1 of the HTA

I went to appeal and got a court date for July.

I'm planning on meeting the prosecutor right before as I have my original permit with stickers on the back from up to date from 2001. And I also have a Service Ontario receipt for my license plate stickers that show I had renewed them 5 months before the ticket so it wasn't like I renewed them after the fact.

Hopefully when I talk to the prosecutor before the appeal hearing he'll drop the charges since I have evidence to show that I do indeed have my permit and it was valid. Also I can explain how I never had a chance to a trial or early resolution because of the mailing issue. (Although it's possible they also misfiled it).

That should do it right? Hoping I have a strong case because this has been a huge resource drain... like 10 hours of driving back and forth. And if I end up guilty I'm going to be very sad.


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Re: HELP. Need advise on appeal Drive Motor Vehicle, No Pe
PostPosted: Wed May 06, 2015 9:57 pm 
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I would hope so, obviously no guarantees. However, HTA 7 (1)(a) refers to validated permit, which you had. He charged you under the wrong section. If he charged you under section 7 (5), then you'd have no recourse because a full true copy wasn't carried.

_________________
* 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


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