HTA 78.1 (Distracted Driving)

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Robert4432
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HTA 78.1 (Distracted Driving)

Unread post by Robert4432 on

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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Unread post by ynotp on

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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Unread post by Robert4432 on

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)


Stanton
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Unread post by Stanton on

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


Robert4432
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Unread post by Robert4432 on

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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Unread post by ynotp on

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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Unread post by daggx on

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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Unread post by Robert4432 on

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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