How important is the location of the offence

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davec
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How important is the location of the offence

by: davec on
Mon Dec 07, 2009 3:00 pm

If the offense (failure to wear seatbelt) occurred 1km away from where the ticket says it did. Is that relevant ?

The officer observed me without my seatbelt at an intersection, I then put it on and he followed me to my house (1km away) and wrote the ticket with the offense occurring on my street.

Dave


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by: Reflections on
Mon Dec 07, 2009 4:24 pm

davec wrote:If the offense (failure to wear seatbelt) occurred 1km away from where the ticket says it did. Is that relevant ?

The officer observed me without my seatbelt at an intersection, I then put it on and he followed me to my house (1km away) and wrote the ticket with the offense occurring on my street.

Dave
Not a big one, it won't get the charge tossed.....
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


viper1
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by: viper1 on
Mon Dec 07, 2009 10:11 pm

davec wrote:If the offense (failure to wear seatbelt) occurred 1km away from where the ticket says it did. Is that relevant ?

The officer observed me without my seatbelt at an intersection, I then put it on and he followed me to my house (1km away) and wrote the ticket with the offense occurring on my street.

Dave
Only it means anything is if it happened in a different jurisdiction.

Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"


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hwybear
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by: hwybear on
Mon Dec 07, 2009 10:22 pm

viper1 wrote:
davec wrote:If the offense (failure to wear seatbelt) occurred 1km away from where the ticket says it did. Is that relevant ?

The officer observed me without my seatbelt at an intersection, I then put it on and he followed me to my house (1km away) and wrote the ticket with the offense occurring on my street.

Dave
Only it means anything is if it happened in a different jurisdiction.

Cheers
Viper1
not necessarily true...our court accepts neighbouring jurisdictions wrote on the offence notice, provided the road touches both jurisdictions. All neighbouring "counties" around us have same agreement with our county, only stipulation in their agreement is that the revenue/expense of trial go back to the jurisdiction.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


viper1
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by: viper1 on
Mon Dec 07, 2009 11:47 pm

hwybear wrote:
viper1 wrote:
davec wrote:If the offense (failure to wear seatbelt) occurred 1km away from where the ticket says it did. Is that relevant ?

The officer observed me without my seatbelt at an intersection, I then put it on and he followed me to my house (1km away) and wrote the ticket with the offense occurring on my street.

Dave
Only it means anything is if it happened in a different jurisdiction.

Cheers
Viper1
not necessarily true...our court accepts neighbouring jurisdictions wrote on the offence notice, provided the road touches both jurisdictions. All neighbouring "counties" around us have same agreement with our county, only stipulation in their agreement is that the revenue/expense of trial go back to the jurisdiction.

agreed

BUT

The court may not have jurisdiction .

When you challenge these things you must make sure the honor is really in charge here.

That byelaw thing is king.

Cheers Viper1
"hang onto your chair when reading my posts
use at your own risk"


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