The committed offence differs from the sect of the HTA

Moderators: Reflections, admin, hwybear, Radar Identified, Decatur, bend

no2littering
Newbie
Newbie
Posts: 2
Joined:

The committed offence differs from the sect of the HTA

Unread post by no2littering on

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.


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined:
Contact:

Unread post by Simon Borys on

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


no2littering
Newbie
Newbie
Posts: 2
Joined:

Unread post by no2littering on

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






Post Reply

Return to “General Talk”