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  [ 31 posts ]  Go to page Previous  1, 2, 3  Next
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Re: Speeding ticket with fatal error?
Author Message
PostPosted: Thu Mar 30, 2017 11:43 am 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
The officers copy that he submits to court for filing is the Certificate of Offence, which is what the JP will look at. The copy that you get is called the Notice of Offence. Any other copies are irrelevent.

It used to be that the Notice of Offence and Certificate of Offence had to be identical, however my understanding of the case law now is that the officer can now amend the Certificate of Offence after they have given you the Notice of Offence of MINOR issues. So does leaving the act blank on your ticket and fixing it on certificate of offence meet the MINOR issue? My opinion is no, that is a major issue and should be fatal.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Speeding ticket with fatal error?
PostPosted: Fri Mar 31, 2017 11:43 am 
Offline
Member

Joined: Tue Aug 16, 2016 10:09 am
Posts: 195
highwaystar wrote:
The court expressly stated that an officer can amend the Certificate of Offence before filing it.
Before, yes, but certainly not after. If I were the OP, I would assume the officer did not amend the CO before filing it. But, then again, we all know what happens when we assume.


Top
 Profile  
 
Re: Speeding ticket with fatal error?
PostPosted: Wed Apr 05, 2017 8:00 am 
Offline
Sr. Member

Joined: Tue Sep 15, 2015 10:20 am
Posts: 324
How could the officer amend the ticket after he filed it?
Once it is filed, it is in the courts hands, it is not retained by the police...


Top
 Profile  
 
Re: Speeding ticket with fatal error?
PostPosted: Wed Apr 05, 2017 9:37 am 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Once the ticket has been filed with the court (they have 7 days to do that, and this called the Certificate of Offence) they can not amend it. However if you go to TRIAL, then the prosecutor can ask for it to be amended and fixed during the trial. If you do not have a trial (or do not show up for your trial) then the prosecutor can not amend/fix it.

So basically when the officer writes a ticket, gives you a ticket, notices a mistake and fixes it before filing with the court, this may be allowed depending on what the mistake is.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Speeding ticket with fatal error?
PostPosted: Thu Apr 13, 2017 6:55 am 
Offline
Jr. Member

Joined: Mon Apr 14, 2008 8:44 pm
Posts: 28
okay folks....time to get the ball rolling.

april 13, 2017: i received my conviction in my mail due for may 3, 2017 (57.50)

i don't see any notes on how to file an appeal on this document that i received.

I'm assuming I have to go back to the courthouse and ask them for some appeals form? is the appeal done on the spot or do I have to wait for a date in the mail?


Top
 Profile  
 
Re: Speeding ticket with fatal error?
PostPosted: Thu Apr 13, 2017 10:03 am 
Offline
Member

Joined: Tue Aug 16, 2016 10:09 am
Posts: 195
You have to pick up the Notice of Appeal at the courthouse. You may find this guide helpful: http://www.ontariocourts.ca/ocj/files/g ... ppeals.pdf


Top
 Profile  
 
Re: Speeding ticket with fatal error?
PostPosted: Thu Apr 13, 2017 10:31 am 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Go to Provincial Offences Office and ask them for the APPEAL form. Be sure you are doing an APPEAL and not a re-opening.

Although you can also request a "Request to file appeal without paying fine", it is quicker and easier to just pay the fine at that time as well.

I would also ask them for a copy of the original Certificate of Offence that was files by officer.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Speeding ticket with fatal error?
PostPosted: Thu Apr 13, 2017 10:58 am 
Offline
Jr. Member

Joined: Mon Apr 14, 2008 8:44 pm
Posts: 28
that link is really good! thanks!

so i take it im fighting my conviction? sorry if i'm asking simple questions but my mind is going haywire right now...just had twins at 31 weeks, a lot of stress and running around....

when I ask for a copy of the original certificate of offence, is that from the clerk? or the side where we request disclosure? can I still file the disclosure form?


Top
 Profile  
 
Re: Speeding ticket with fatal error?
PostPosted: Thu Apr 13, 2017 11:11 am 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Yes you are fighting conviction.

You ask for copy of Certificate of Offence from clerk, the same place you ask for the appeal form, and (usually) the same place you pay the fine.

Disclosure is irrelevant at this stage. You only need disclosure at the trial. An appeal is NOT a new trial.

At the appeal, you bring your copy of the ticket and tell the Judge the following:
- The CONTRARY TO section is blank on my ticket and therefore it should have been quashed by the Justice of the Peace as I have no idea what Act I violated and could not prepare a defense.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Speeding ticket with fatal error?
PostPosted: Tue Apr 18, 2017 11:49 am 
Offline
Jr. Member

Joined: Mon Apr 14, 2008 8:44 pm
Posts: 28
went today to the traffic court.

asked for an appeal, she verified if i wanted an appeal vs re-opening. I said appeal

she made me pay the ticket
she provided me the certificate of offence as 'part of the package'
she provided me a blank yellow form

i didn't realize that appeals court is somewhere else - and she didn't tell me where either? which one would be closest to me in Mississauga?

the yellow form asks for:

1. ontario court of justice at:
2. appelant is: defendnant/prosecutor/attorney general
3. name of appelant and address
4. counsel for appellant and address
5. name of respondant and address
6. counsel for respondant and address
7. decision of ontario court of justice

and a lot more information regarding the decision of the court....can i take this in blank or fill out the parts that i know?

***on the certificate of offense it shows 'highway traffic act'*** where as my ticket does not.


Top
 Profile  
 
Re: Speeding ticket with fatal error?
PostPosted: Tue Apr 18, 2017 12:04 pm 
Offline
Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 1029
I'm pretty sure they'll refer you to Brampton (7755 Hurontario Street).


Top
 Profile  
 
Re: Speeding ticket with fatal error?
PostPosted: Tue Apr 18, 2017 12:07 pm 
Offline
Jr. Member

Joined: Mon Apr 14, 2008 8:44 pm
Posts: 28
ahh yess, i do believe that is where i'm heading.

i'm reading online that i want to fight my conviction AND sentence, not just one of them but both


Top
 Profile  
 
Re: Speeding ticket with fatal error?
PostPosted: Tue Apr 18, 2017 12:19 pm 
Offline
Moderator
User avatar

Joined: Mon Mar 14, 2011 11:31 am
Posts: 663
You're probably also going to want a transcript for the court that convicted you. You'll likely have to pay for this as well.


Top
 Profile  
 
Re: Speeding ticket with fatal error?
PostPosted: Tue Apr 18, 2017 12:29 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
I think this was a "did not show for court" so should be no transcript

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Speeding ticket with fatal error?
PostPosted: Tue Apr 18, 2017 2:55 pm 
Offline
Moderator
User avatar

Joined: Mon Mar 14, 2011 11:31 am
Posts: 663
I thought it was a 9.1. Oh well....


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 31 posts ]  Go to page Previous  1, 2, 3  Next

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Attachment(s) Speeding Ticket (possible fatal error)

[ Go to pageGo to page: 1, 2, 3, 4 ]

Red Cliff

59

4214

Fri Jun 10, 2016 7:13 pm

jsherk View the latest post

There are no new unread posts for this topic. Possible Fatal Error on my Speeding Ticket

omhush

9

1338

Mon Jun 02, 2014 8:25 pm

omhush View the latest post

There are no new unread posts for this topic. City of Toronto - Speeding ticket not signed - Fatal error?

iconfat

6

2172

Sat Jun 02, 2012 11:56 am

Radar Identified View the latest post

There are no new unread posts for this topic. Speeding 5 over and fatal error

btbitola

11

1216

Tue Oct 27, 2009 12:20 am

Squishy View the latest post

There are no new unread posts for this topic. Speeding 60km/h in a 50km/h zone ---- fatal error?

leeoswald

7

1386

Tue Apr 01, 2014 6:14 pm

jsherk View the latest post

There are no new unread posts for this topic. Fatal error: Speeding 75km/hr in posted 60km/hr zone.

nick12

7

1375

Tue Apr 01, 2014 6:05 pm

jsherk View the latest post

There are no new unread posts for this topic. Fatal Error on the Ticket

[ Go to pageGo to page: 1, 2 ]

inbini

22

9777

Mon May 31, 2010 12:04 pm

pwrsurge View the latest post

This topic is locked, you cannot edit posts or make further replies. Is this a fatal error on the ticket?

lkp1v07

1

857

Mon Jul 04, 2011 7:33 pm

lkp1v07 View the latest post

There are no new unread posts for this topic. What qualifies as a 'fatal' error on a ticket?

nutra

1

1603

Tue Mar 17, 2009 10:56 am

Squishy View the latest post

There are no new unread posts for this topic. fatal error for wrong location on ticket?

willcamp

3

1587

Fri Oct 31, 2008 9:03 pm

Reflections View the latest post

There are no new unread posts for this topic. Fatal error? Ticket date off by 7 months.

nhes90

3

709

Tue Oct 18, 2011 5:18 pm

Stanton View the latest post

There are no new unread posts for this topic. Attachment(s) Fatal Error? Incorrect Allegation on ticket

Linjor

7

775

Tue Aug 05, 2014 9:46 pm

Decatur 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.