Offence Descriptions and Testimony

Moderators: admin, hwybear, Radar Identified, Reflections, Decatur, bend

Bill_Payer
Newbie
Newbie
Posts: 15
Joined: Fri Dec 11, 2009 1:12 pm
Location: Belleville, ON

Offence Descriptions and Testimony

by: Bill_Payer on
Mon Jan 25, 2010 12:20 pm

As an example, being charged under OHTA 136 (1) (a) "Stop at Through Highway":

The ticket specifies the offence as "Disobey Stop Sign - Fail to Stop"

1) Where are these official offence descriptions specified?

Ticket states the Contrary To as "Highway Traffic Act, section 136(1)(a)"

2) How do I know the offence description properly relates to the "Contrary To" section.

3) What does the Prosecution have to prove (in this case)?
The officer's written statement describes location of a stop sign, but states only "The vehicle did not stop at the sign and proceeded across..."

He then describes issuing the ticket, specifying the offence as per above

Is this sufficient proof of the offense, or does he specifically have to state his observations per the description of 136 (1) (a).
I.E. Did not stop at marked stop line, or before entering intersection,...?


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Moderator

by: hwybear on
Mon Jan 25, 2010 12:30 pm

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


Locked
  • Similar Topics

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 12 guests