First post on this site - must say it has been an EXTREMELY valuable source of info. Well done. SITUATION - received ticket from OPP; ticket states 127km/h in a 90km/h zone (37 over). Set fine indicated as $282, total payable $347 - clearly incorrect, as these amounts would be commensurate with a 137km/h ticket (i.e. 47 over) base on the current schedules. Did not notice this at first, so I requested a trial with the officer present, as I was going to fight the ticket on another angle (officer clearly lost sight of the vehicle). However, now that I see the error I will not show up at trial so that Section 9/9.1 of the POA applies and the JP should quash the ticket based on the fact that the set fine and total payable are incorrect (London v. Young, Sudbury v. Leikemoser, Barrie v. Porter). QUESTION - does anyone have any experience with this, specifically as to whether or not the JP usually picks up on this error an quashes the charge at trial? Or does this normally have to be appealed? Fully prepared to appeal if the JP does not notice the error, but would obviously prefer to not have to. Thanks in advance for any/all replies.
First post on this site - must say it has been an EXTREMELY valuable source of info. Well done.
SITUATION - received ticket from OPP; ticket states 127km/h in a 90km/h zone (37 over). Set fine indicated as $282, total payable $347 - clearly incorrect, as these amounts would be commensurate with a 137km/h ticket (i.e. 47 over) base on the current schedules.
Did not notice this at first, so I requested a trial with the officer present, as I was going to fight the ticket on another angle (officer clearly lost sight of the vehicle). However, now that I see the error I will not show up at trial so that Section 9/9.1 of the POA applies and the JP should quash the ticket based on the fact that the set fine and total payable are incorrect (London v. Young, Sudbury v. Leikemoser, Barrie v. Porter).
QUESTION - does anyone have any experience with this, specifically as to whether or not the JP usually picks up on this error an quashes the charge at trial? Or does this normally have to be appealed? Fully prepared to appeal if the JP does not notice the error, but would obviously prefer to not have to. Thanks in advance for any/all replies.
I had the same issue with a fail to stop read light ticket, the JP did not notice the error and I had to appeal. That having been said the appeal process, at least for me, went relatively smoothly and the applet Judge entered an acquittal in my case.
I had the same issue with a fail to stop read light ticket, the JP did not notice the error and I had to appeal. That having been said the appeal process, at least for me, went relatively smoothly and the applet Judge entered an acquittal in my case.
I've heard of another tact to take with these that may be worth trying. Send someone to court on your trial date (do not be there yourself). When the case is called, s/he should step forward, indentify, advise the court that s/he is there only as a friend of the court and is in no way authorized to represent you or enter a plea on your behalf. S/he would then respectfully point out the error to the court and the relevant portion of the POA and case law. If it works, you save the aggravation of an appeal. If not, you haven't lost anything - you still can go to appeal route.
I've heard of another tact to take with these that may be worth trying. Send someone to court on your trial date (do not be there yourself). When the case is called, s/he should step forward, indentify, advise the court that s/he is there only as a friend of the court and is in no way authorized to represent you or enter a plea on your behalf. S/he would then respectfully point out the error to the court and the relevant portion of the POA and case law. If it works, you save the aggravation of an appeal. If not, you haven't lost anything - you still can go to appeal route.
Thanks for the replies. Sounds like I will likely end up having to appeal it. One other question - I got a notice saying I could meet with the Crown Attorney prior to the trial to discuss options (at a specified date and time). If I were to go to that meeting and point out the error on the ticket, and the fact that I did not plan to show up for trial, does the Crown have any ability to have the ticket amended PRIOR to the trial? I keep reading about summons vs offence notices - is this something they could do in this situation to get around the fact that there is an error on the ticket?
Thanks for the replies. Sounds like I will likely end up having to appeal it.
One other question - I got a notice saying I could meet with the Crown Attorney prior to the trial to discuss options (at a specified date and time). If I were to go to that meeting and point out the error on the ticket, and the fact that I did not plan to show up for trial, does the Crown have any ability to have the ticket amended PRIOR to the trial? I keep reading about summons vs offence notices - is this something they could do in this situation to get around the fact that there is an error on the ticket?
I believe the Crown has 6 months from the time the offence took place to issue a summons. So theoretically if you went to the first attendance meeting and pointed out the error on the ticket to the Crown they could withdraw the ticket that has the error on it and issue you summons to court. This would correct the error and eliminate the advantage you have now. I think your best bet is to do nothing, sit back and wait to see what happens.
I believe the Crown has 6 months from the time the offence took place to issue a summons. So theoretically if you went to the first attendance meeting and pointed out the error on the ticket to the Crown they could withdraw the ticket that has the error on it and issue you summons to court. This would correct the error and eliminate the advantage you have now. I think your best bet is to do nothing, sit back and wait to see what happens.
SUCCESS Just to put this to bed -- I received my Notice of Trial sometime end-July, trial date 20 Aug. I did not attend, for the reasons cited above. As of yesterday I had received nothing in the mail, which I would have expected had I been found guilty. So I called the courthouse this morning, and lo and behold - the charge/ticket had been withdrawn. I didn't ask any further details, but I assume it could only have been because the JP actually checked the ticket and found the fine to be incorrect. So check your tickets VERY carefully - you may get lucky like I did. Thanks, and good luck to everyone else who deserves a break.
SUCCESS
Just to put this to bed -- I received my Notice of Trial sometime end-July, trial date 20 Aug. I did not attend, for the reasons cited above. As of yesterday I had received nothing in the mail, which I would have expected had I been found guilty. So I called the courthouse this morning, and lo and behold - the charge/ticket had been withdrawn. I didn't ask any further details, but I assume it could only have been because the JP actually checked the ticket and found the fine to be incorrect.
So check your tickets VERY carefully - you may get lucky like I did.
Thanks, and good luck to everyone else who deserves a break.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…
