Part I or III offence?

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lorac
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Part I or III offence?

by: lorac on
Sun Jan 06, 2013 2:43 pm

I'm confused by the HTA Part I and III offences. Is a ticket for driving 65 km in a 50 km posted zone (i.e. 15 kms over limit) a Part I or Part III offence? Am confused whether a Part III offence is based on going over 49km per hour or if it's based on going over 49km past the posted limit. Thank you!


Stanton
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by: Stanton on
Sun Jan 06, 2013 3:14 pm

It’s up to the charging officer. They can proceed by way of Part III summons for any offence but for most minor offences a Part I (a regular ticket) is more common. Typically for 15 over it would be a Part I. A Part III wouldn't be issued unless too much time had passed for a regular ticket or there were other more serious charges laid as well.


lorac
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by: lorac on
Sun Jan 06, 2013 3:27 pm

Thanks. Do you know why a ticket for driving 65km in a 50km posted zone would have the summons section completed by the police officer? If it's a Part 1 offence, why would I be summoned to appear in court instead of just having the option to pay the fine? Again.. confused. Many thanks for your help.


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Decatur
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by: Decatur on
Sun Jan 06, 2013 5:02 pm

A Summons can be issued under Part I or Part III and are generally used when there is no set fine available to the officer or if a higher fine is being asked for. I've seen them used if a person has multiple convictions for a similar offence.


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