Offence Descriptions and Testimony

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Bill_Payer
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Offence Descriptions and Testimony

Unread post by Bill_Payer on

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,...?


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hwybear
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Unread post by hwybear on

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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