HTA 78.1 (Distracted Driving)

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Robert4432
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HTA 78.1 (Distracted Driving)

by: Robert4432 on
Mon Jan 19, 2015 10:55 am

Hi all, I can't seem to post anywhere but here. So here goes:

I received a ticket the other day for Driving w/ handheld communication device (HTA 78.1 (1))

Under the "Contrary to" section, the officer wrote: HTA 781.1 (1)

There is an extra "1" in the section. Would that help the ticket get thrown out in court?

I also have a dashcam in the car and it recorded the officer telling me that the offence carries 2 demerit points. However, I cannot find anywhere that this is actually true. I know there was talk to add demerit points, but it hasn't passed yet.

Thanks for opinions and comments!


ynotp
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by: ynotp on
Mon Jan 19, 2015 9:19 pm

Yes, that would be a fatal error but you would have to force it. I'd request a trial to get the officer's copy of the ticket in the disclosure just to make sure. If it is for sure the wrong section then don't attend trial to force the fatal error.


Robert4432
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by: Robert4432 on
Tue Jan 20, 2015 10:44 am

ynotp wrote:Yes, that would be a fatal error but you would have to force it. I'd request a trial to get the officer's copy of the ticket in the disclosure just to make sure. If it is for sure the wrong section then don't attend trial to force the fatal error.
Thanks, I will request a trial and ask for disclosure as well. I also discovered that the officer wrote an incorrect fine amount as well.

I guess he was being "nice". 8)




Robert4432
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by: Robert4432 on
Thu Jan 22, 2015 4:08 pm

Stanton wrote:An incorrect fine should help simplify forcing a fatal error.

Just to be sure, what is the fine shown on your ticket? It should be $225/$280
$260/$325...unfortunately, I have already requested a trial, so I won't be able to force the fatal error. Assuming this is what you were referring to:

http://www.ticketcombat.com/offences/fi ... forceerror


ynotp
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by: ynotp on
Thu Jan 22, 2015 5:35 pm

As I already stated: requesting the trial gives you the benefit of reviewing the officers copy of the ticket via disclosure just to make sure the section is incorrect. To force the fatal error at this point is simple: do not show on your court date.


daggx
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by: daggx on
Thu Jan 22, 2015 11:31 pm

As Ynotp said you can still force a fatal error by simply not showing up for your court date. The only difference is that the process will take a little longer because you will now have to wait for your court date to pass before the ticket will go into default proceedings.


Robert4432
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by: Robert4432 on
Mon Mar 16, 2015 11:52 pm

Hi all, so I received my court date and noticed they fixed the "contrary to HTA \" to 78.1 (1)

The fine however remains the same $325 total payable.

I will request the officer's copy of the ticket.


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