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Ontario Highway Traffic Act

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The committed offence differs from the sect of the HTA
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PostPosted: Fri Oct 22, 2010 4:11 pm 
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Hi,

The other night I got caught for what I would describe as a poor lane change.

The officer was pleasant and gave me a ticket for interfering with traffic ($65). So no demerit points. I'm assuming he meant to write this as HTA 170 (12). On the ticket it is written as HTA 180 (12) Littering on the highway (there's no sub (12))

I have no issues with pleading guilty and paying the fine.

My questions is... what will show up on my drivers abstract? I think I would rather be viewed as having interfered with traffic than littered.

Will there be any issues with the difference in set fines between the two?; from what I've read, the set fine for sect 180 littering would be $85+ and still no points.

Getting this corrected doesn't seem worth the effort.

Thanks in advance.


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PostPosted: Sat Oct 23, 2010 12:01 pm 
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It is possible with those errors that the ticket would be quashed. Usually errors that negatively affect your ability to make a full defence are fatal.

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PostPosted: Sun Oct 24, 2010 10:38 pm 
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Thanks for the response Simon.

Having never had a ticket before, I'm wondering how the procedure would work...

Is it possible that if I pay the $65 on the ticket and the ticket gets entered as sect 180 (set fine$85), that I will have not paid enough?

If I choose option 2) Plea of guilty, can I request clarification of what exactly I'm pleading guilty to? i.e. the offense of "interfere with traffic" or the sect 180(12) (which doesn't exists) ... at which time the JP would hopefully quash it or I pay the $65.

If I choose option 3) and request a trial and wait for a trail date and then hopefully have the charge quashed.

Another possibility that was suggested to me was that the ticket won't get entered properly as sect 180(12) doesn't exist and an error will be generated. At what stage would this show up?

If I do nothing, what additional costs could be added? Do I get notice if the ticket as been quashed.

thanks again


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