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Ontario Highway Traffic Act

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Re: Speeding Ticket (possible fatal error)
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PostPosted: Thu Mar 13, 2014 8:41 am 
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Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 533
Location: Ontario
Looks like a fatal error to me so much for computers...

Here's a pretty good blurb about it:

http://www.ticketcombat.com/step5/quash.php

It will be easiest for you to just ignore the ticket though you run a small risk of the JP missing the error and you having to appeal.


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Re: Speeding Ticket (possible fatal error)
PostPosted: Thu Mar 13, 2014 11:23 am 
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Joined: Tue Mar 11, 2014 1:42 am
Posts: 19
@ynotp, thank you.

Just a few more...

1. There is nothing in law or the rules of court that says its a contempt to ignore an offence notice, right?
2. In case the JP overlooks the fatal error and places a conviction, will that input and stay automatically in my driving record/history even though I win in the
appeal? Or, will the record show what transpired (eg convicted but appealed)?
3. Has there been an instance where, the judge in the appellate court remands the case for trial back to the JP's jurisdiction who rendered the conviction?

Thanks,

Red


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Re: Speeding Ticket (possible fatal error)
PostPosted: Thu Mar 13, 2014 2:49 pm 
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Joined: Wed Mar 30, 2011 1:08 pm
Posts: 533
Location: Ontario
Not going to court means you are deemed not to dispute the charge and if the ticket has no errors you will be convicted.

Once you are granted appeal successfully the conviction is erased.

Yes but not for fatal errors.


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Re: Speeding Ticket (possible fatal error)
PostPosted: Fri Mar 14, 2014 12:39 am 
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Joined: Tue Mar 11, 2014 1:42 am
Posts: 19
@ynotp:

Taking the route of ignoring the ticket:
1. Once I ignore the ticket, and after 15 days from issuance of offence notice, will the conviction be entered on the 16th day?
2. Will I be notified of the conviction (mail)? Usually when can I expect it?
3. When will the fine imposed be usually due after conviction?
4. In case appeal is inevitable, is it something that I will need an expert to help me out with the process? Is there a link to refer
to for a step by step appeal process specifically applicable to convictions by non-dispute of charge (by ignoring the ticket)
based on fatal error?

Thanks again.

Regards,

Red


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Re: Speeding Ticket (possible fatal error)
PostPosted: Fri Mar 14, 2014 9:30 am 
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Joined: Tue Mar 11, 2014 1:42 am
Posts: 19
Hi,

Sorry, I should have asked about this question further earlier altogether... In case the JP decides to quash the proceedings due to certificate being not complete and regular on its face, do I get notified of said decision?

Thanks,

Red


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Re: Speeding Ticket (possible fatal error)
PostPosted: Fri Mar 14, 2014 3:18 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 549
@Red Cliff, check daggx's post about the appeal process: topic5412.html#p30086

The courts have a generous grace period of ~30-days that gives defendants extra time especially if they're mailing in their tickets.

It's your responsibility to contact the court house to monitor the status of your ticket. You have 30 days from the date you're convicted to appeal it.


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Re: Speeding Ticket (possible fatal error)
PostPosted: Fri Mar 14, 2014 9:56 pm 
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Joined: Tue Mar 11, 2014 1:42 am
Posts: 19
@iFly55: Thanks for your input. One thing, if the JP decides to quash the proceedings due to certificate being not complete and regular on its face, do I get notified of said decision?

Regards,

Red


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Re: Speeding Ticket (possible fatal error)
PostPosted: Sat Mar 15, 2014 1:18 pm 
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Joined: Tue Mar 11, 2014 1:42 am
Posts: 19
@AbsoluteTT:

Hi Catherine,

Thank you for your inputs. So the even if I just ignore the ticket and the JP examines the ticket and finds it incomplete and irregular on its face, he will still have the prosecutor amend the certificate? I'm trying to look at POA Sec 9.2.b which states

Action by justice
(2) Where a defendant is deemed to not wish to dispute the charge, a justice shall examine the certificate of offence and shall,
(a) where the certificate of offence is complete and regular on its face, enter a conviction in the defendant’s absence and
without a hearing and impose the set fine for the offence; or
(b) where the certificate of offence is not complete and regular on its face, quash the proceeding. 2009, c. 33, Sched. 4, s.
1 (13)

Are you referring to an instance where one request for a trial, showed up and moved to quash the proceedings? I am actually referring to the option of just ignoring the ticket because of offence stated unknown to law as earlier quoted from the ticket "SPEEDING KM/HR IN A KM/HR ZONE". I'd like to know that if the JP decides to quash the proceedings based on the above sec 9.2.b POA, will I be notified that the proceedings has been quashed (eg. by mail)?

Regards,

Red


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Re: Speeding Ticket (possible fatal error)
PostPosted: Sat Mar 15, 2014 1:27 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2100
Location: Ontario
I'm going to hazard a guess that Catherine is just trying to drum up business and didn't read your post fully. Your ticket would only be amended at trial.


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Re: Speeding Ticket (possible fatal error)
PostPosted: Sat Mar 15, 2014 1:36 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 549
It's your responsibility to contact the court house to monitor the status of your ticket. I don't believe they're lawfully obligated to let you know whether it's quashed by mail.

If you're convicted, they may send you a letter with a 'Notice of Fine and Due Date'. If you fail to pay, you'll receive a letter from the MTO that your driver's license was suspended for non-payment.

It's in your best interest to exercise due diligence and contact the court house; this is maybe why choosing trial/early-resolution are better options, because you'll know the exact date a JP will have either quashed/convicted your ticket.


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Re: Speeding Ticket (possible fatal error)
PostPosted: Sat Mar 15, 2014 1:42 pm 
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Joined: Tue Mar 11, 2014 1:42 am
Posts: 19
Thanks Stanton. Do you have any idea if I get notified by mail in case the JP decides to quash the proceedings based on POA 9.2.b?

Regards,

Red


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Re: Speeding Ticket (possible fatal error)
PostPosted: Sat Mar 15, 2014 2:09 pm 
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Joined: Tue Mar 11, 2014 1:42 am
Posts: 19
@iFly55: Thanks. I'm just confused. I thought ignoring the ticket is the best solution given the circumstance that the ticket says "SPEEDING KM/HR IN A KM/HR ZONE"

Regards,

Red


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Re: Speeding Ticket (possible fatal error)
PostPosted: Sat Mar 15, 2014 7:35 pm 
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Sr. Member

Joined: Sun Jun 22, 2008 3:21 am
Posts: 363
I think ignoring your ticket is the fastest route to victory. If I were you I would wait for 30 days and then if you haven't heard anything by then call the court house and ask about the status of your ticket.
If it has been quashed they will tell you, at which point your case is over and you have won. When the quash a ticket they do not send out a written notice so the only way for you to find out is to call.
If they tell you it is still pending then thank them and hang up. Wait for another 15 days or so and then call back and check again.
If they tell you that a conviction has been entered against you then you will need to prepare your appeal. Although if this happens you will also get a notice of fine and due date in the mail.


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Re: Speeding Ticket (possible fatal error)
PostPosted: Sun Mar 16, 2014 1:25 am 
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Joined: Tue Mar 11, 2014 1:42 am
Posts: 19
@daggx: Thank you so much.

Thank you everyone for the invaluable inputs.

Regards,

Red


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Re: Speeding Ticket (possible fatal error)
PostPosted: Sun Mar 23, 2014 9:25 pm 
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Newbie

Joined: Sun Mar 23, 2014 9:20 pm
Posts: 11
Hey what happened to your ticket? I got a similar ticket but I already asked for court date. It says "speeding" that's it and reduced ticket costing me $90 - she said I was going 70/h in 50 verbally but there's nothing to indicate that on the ticket. Does that mean I get no demerit points?


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