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Ontario Highway Traffic Act

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How important is the location of the offence
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PostPosted: Mon Dec 07, 2009 4:00 pm 
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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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Re: How important is the location of the offence
PostPosted: Mon Dec 07, 2009 5:24 pm 
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Location: somewhere in traffic
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.....

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Re: How important is the location of the offence
PostPosted: Mon Dec 07, 2009 11:11 pm 
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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

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Re: How important is the location of the offence
PostPosted: Mon Dec 07, 2009 11:22 pm 
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Location: In YOUR rearview mirror!
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.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: How important is the location of the offence
PostPosted: Tue Dec 08, 2009 12:47 am 
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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

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use at your own risk"


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