Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 6 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Offence Section Missing - Question.
Author Message
PostPosted: Sat Aug 28, 2010 9:41 pm 
Offline
Newbie

Joined: Sat Aug 28, 2010 9:33 pm
Posts: 2
Hi all...

Was stopped for speeding. Officer put 95kmh in a posted 80kmh zone.... but failed to put in the section information - it was left out. Will that amount to a "law doesn't exist" fatal error? I asked because I cannot find "95kmh in a posted 80kmh zone" in the HTA....
Yes, it was reduced, but the officer didn't put the "r" in the proper section either... I don't think the officer had his radar on PERIOD.... I was on a motorcycle and when I looked in the window, there was nothing on the radar output..... Anyway.... Cop was cool, but that doesn't stop me from asking the question...
Thanks in advance.


Top
 Profile  
 
PostPosted: Sun Aug 29, 2010 1:21 am 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
Does the missing section # severely prejudice your ability to make a proper defence to the charge? I would suggest it does since it prevents you from looking up the section #. If it severely prejudices your ability to make a proper defence it should be considered a fatal error.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
PostPosted: Sun Aug 29, 2010 11:58 am 
Offline
Newbie

Joined: Sat Aug 28, 2010 9:33 pm
Posts: 2
Thanks for the response Simon....

That's pretty much what I figured....


Top
 Profile  
 
PostPosted: Sun Sep 05, 2010 4:18 pm 
Offline
Sr. Member
User avatar

Joined: Thu Mar 18, 2010 9:39 am
Posts: 254
Location: The Valley
I tend to disagree with Simon, which I seldom do, many of my offence notices (I write several hundred a year) over my career HAVE been amended for this omission.

The JPs tend to rule it's not a serious impediment to defending yourself.

You know the substance of the offence and the section number can easily be looked up.

Just sayin'


Top
 Profile  
 
PostPosted: Sun Sep 05, 2010 9:37 pm 
Offline
Sr. Member

Joined: Mon Oct 20, 2008 11:31 pm
Posts: 502
It used to be that "submissions like that"
needed to be objectioned before jurisdiction was determined.

ie: as you approach the bench you object.

Then point out the omission.

I beat at least 3 tickets that way back when I was a speeder.

I believe that the ticket can be amended only after the trial has started.

Cheers
Viper1

_________________
"hang onto your chair when reading my posts
use at your own risk"


Top
 Profile  
 
PostPosted: Sun Sep 05, 2010 11:54 pm 
Offline
Sr. Member

Joined: Thu Aug 27, 2009 10:06 pm
Posts: 354
Here on a part 1 it seems to be hit or miss. Seems to depend on JP and prosecutor of they chose to run with it. If a person has a good record they seem to withdraw. Poor record they fight hard.

On a part 3 it seems to have no bearing as the first court date it is explained and all proper defense cab be in place for the trial.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 6 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Missing Date on Offence Notice

numberguy416

1

551

Mon Mar 28, 2011 10:26 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Missing Set Fine - Missing Total Payable

[ Go to pageGo to page: 1, 2, 3 ]

Bud416

36

993

Tue Feb 07, 2017 7:26 pm

daggx View the latest post

There are no new unread posts for this topic. Question 2nd offence.

Heinz11

3

628

Wed Nov 24, 2010 3:45 pm

OPS Copper View the latest post

There are no new unread posts for this topic. New York State Speeding Offence + Suspension Question

wmalik81

4

408

Mon Oct 19, 2015 9:38 am

wmalik81 View the latest post

There are no new unread posts for this topic. Offence, novice driver regulations - Section 57.2

admin

0

1558

Thu Jan 24, 2008 6:23 am

admin View the latest post

There are no new unread posts for this topic. HTA section on offence notice different than actual charge

Denise

1

1022

Sun Apr 17, 2011 11:37 am

Stanton View the latest post

There are no new unread posts for this topic. Question about Section 7.1 a

ddniel

1

721

Thu Oct 27, 2011 10:03 pm

Stanton View the latest post

There are no new unread posts for this topic. Snow Clearing of Car Question -Section 74 (1A)

bstratton

8

575

Fri Jan 01, 2016 9:18 pm

jsherk View the latest post

There are no new unread posts for this topic. Notice of Offence versus Certificate of Offence

jsherk

6

1793

Wed Nov 07, 2012 7:51 pm

YouDontKnowMe View the latest post

There are no new unread posts for this topic. Parking Offence - Strict Liability offence?

jfmitch1716

2

1010

Tue Dec 23, 2014 10:28 am

Stanton View the latest post

There are no new unread posts for this topic. Missing topics

racer

1

680

Sun Aug 17, 2008 9:29 pm

hwybear View the latest post

This topic is locked, you cannot edit posts or make further replies. Missing Part of Last Name

riya

0

532

Wed Apr 14, 2010 12:10 pm

riya View the latest post

 


Who is online

Users browsing this forum: No registered users and 4 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.