Ticket Combat--Went to court today....Update

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Off_Camber
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Ticket Combat--Went to court today....Update

Unread post by Off_Camber on

Went to Old City Hall today for my 32km over speeding ticket on the DVP.

As discussed in my thread, the Officer made a mistake on the fine amount-$120/ $150 with the victim surcharge.(suposed to be $232)

Anyhow, I arrived at court a half hour early to speak to the prosecutor.
along with the London V Young decision, I also brought copies of my Disclosure request which i did not receive after 5 months since my first request.

anyway, I show the prosecutor the error and ask how he intends to proceeed-he asked if I was pleading guilty :roll:

NOoooooPE!

well, Ill have it amended and we go to trial.
so I then advise him he wont be getting anything amended if I leave :idea:
so i go to the court clerk and make her aware of the error, and advice when they call me that you had a discussion about an error on the certificate with me and I left.

So now Im hoping the Justice did the correct thing today after I left once he examines the certificate

so in a couple days I am going to call the clerk and ask if the ticket was quashed or if I was convicted on a certificate that wasnt complete and regular on its face...
what do you think happened -you think it was quashed or you think I got convicted in my absence and Im going to have to make an appeal?

oh, to add to this, while I was discussing this with the court clerk, the officer who wrote the ticket said "everyone makes mistakes" and theyll have it amended.

I left before court session...was outta there like last period french class..
hopefully the JP did the correct thing and quashed it.
i tried getting him to withdraw the charge but he insisted on trial. I left.


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ticketcombat
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Unread post by ticketcombat on

Awesome! Even if the justice screws up and convicts you, the appeal will be easy. Hopefully the clerk mentioned something to him. I have to admit, I really enjoyed reading your approach. Please let us know how it turns out!!!
Fight Your Ticket!


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Proper1
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Unread post by Proper1 on

Off_Camber wrote:I left before court session...was outta there like last period french class..
LOL! And yes, for sure please do keep us informed: a) because the case is interesting and b) because you may come out with another line like that!


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hwybear
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Unread post by hwybear on

Off_Camber wrote:I left before court session...was outta there like last period french class..
:lol: thanks for my laugh of the day.....funny thing I remember leaving class that quick too :lol:
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Off_Camber
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Unread post by Off_Camber on

thanks folks, for all your input and help.

oh, and HWY Bear- your Avatar cracks me up--- i want a sticker like that to put on the back window of my jeep :lol:
can you hook me up? :?:


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Unread post by valhadi on

I find it a risky approach. The prosecutor could have easily tricked you. He might have said that he would withdraw the charge and in front of JP he would have amended the ticket and forced you to go to trial.

I think the prosecutor was honest by telling you that he is not withdrawing your charge and he may have underestimated your research.

I'm curious to know the outcome though... Please keep us posted.


Off_Camber
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Unread post by Off_Camber on

valhadi wrote:I find it a risky approach. The prosecutor could have easily tricked you. He might have said that he would withdraw the charge and in front of JP he would have amended the ticket and forced you to go to trial.

I think the prosecutor was honest by telling you that he is not withdrawing your charge and he may have underestimated your research.

I'm curious to know the outcome though... Please keep us posted.
true enough-it crossed my mind. however, I dont think he would risk lying to a Justice of the peace and deny offering to withdraw the charge then go in front of the court and lie and deny he ever made the deal.

I think at that point I woulda requested the JP to have the court officer detain him on purgering himself :lol:


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Radar Identified
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Unread post by Radar Identified on

Nice work! :D

And as TC says, please keep us posted on the outcome!


Off_Camber
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Unread post by Off_Camber on

just got off the phone with City Hall.
some of these JPs really do have rocks in there heads. :roll:



They entered a conviction.

next step...pay the fine and do my appeal.
so I guess its a part one matter I wont require transcripts correct?
where does the 15 days begin to do my appeal-from the day of conviction? how does it go? Im dissapointed.
apperently it was A JP by the name of Hudson


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Unread post by Radar Identified on

I think the JP probably thought "oh well he's not disputing it, so I will convict" and didn't bother to examine the ticket to see if it was "correct and regular on its face." JPs are political appointees and they've never been to law school. Some are knowledgeable and do a good job, others seem like they just want to rubber-stamp every charge that's brought before them.

Anyway, you can apply to not pay pending the appeal. I'd try to get the transcripts to find out exactly what happened. I also think that once a real Judge hears the appeal the ticket will be quashed. Good luck on the appeal, but I think that once you point to cases like City of London v. Young, City of Barrie v. Porter and City of Sudbury v. Leikermoser, they'll overturn your conviction.

It might also be worthwhile talking to a paralegal about the appeal, if only to have a consultation about it and what might be involved.






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