2 tickets i'd need some advice i think one is invalid

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

gino4eva
Newbie
Newbie
Posts: 4
Joined: Thu Mar 19, 2009 12:11 pm

2 tickets i'd need some advice i think one is invalid

by: gino4eva on
Thu Mar 19, 2009 12:21 pm

alright well last night (march 19th) at 12:55 am i had recieved 2 tickets the first was failing to stop at a stop sign (i did a rolling stop) and it was dated the 19th the second ticket that i got at the exact same time was dated the 18th. The second one was because i had a blood alcohol level of 0.0025 instead of zero (i have a g2)
is there any way i can get rid of both?
is it possible to say it happened on the 18th and not the 19th and get rid of the failing to stop ticket which carries demerit points or should i go by the truth and say it was the 19th... the blood alcohol ticket only carries a fine and no points. Also for the first ticket the section is 136 (1) (a)
the second one is regulation 340/94 sec. 6(1) (1) could someone verify that for me
any thoughts or ideas would be greatly appreciated


User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined: Fri Apr 11, 2008 2:49 pm
Location: somewhere in traffic

Moderator

by: Reflections on
Thu Mar 19, 2009 12:29 pm

You can lose one but not the other. Which one is more important??
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


gino4eva
Newbie
Newbie
Posts: 4
Joined: Thu Mar 19, 2009 12:11 pm

by: gino4eva on
Thu Mar 19, 2009 12:43 pm

so it's up to me which one too lose?
the blood alcohol one is just a fine no points and no criminal record, running the stop sign is the same fine with 3 points


pinch
Jr. Member
Jr. Member
Posts: 51
Joined: Thu Mar 05, 2009 6:57 pm

by: pinch on
Thu Mar 19, 2009 7:48 pm

I would ask for a trial date on both offenses, then request disclosure. Do your research and see if you can fight the stop sign offense. I've heard others say that the stop sign needs to be written in the town by-laws. Go to city hall and see if a by-law was written authorizing the placement of the stop sign. If they forgot, then you can get off on that charge since the stop sign is an illegal one (I think).

Anyway, ask for a trial for both. It gives you several months to think the situation over and you can always plead guilty to one of the charges at the last minute so you can fight the other using the strategy you mentioned.


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Thu Mar 19, 2009 10:12 pm

I believe, as a G2 driver, three demerit points will get you a very nasty letter from MTO. Try to avoid that one. But first, send in the paperwork to fight the charge. Pinch is right; get the information first and then decide if you want to fight it fully or call the Prosecutor and work a deal out. You may want to consult with a paralegal regarding this one, particularly since, as a young driver, your insurance rates will absolutely skyrocket if you get any convictions.


gino4eva
Newbie
Newbie
Posts: 4
Joined: Thu Mar 19, 2009 12:11 pm

by: gino4eva on
Fri Mar 20, 2009 2:22 am

thanks for all the help guys.. i've had my g2 for a while now .. never a ticket before so i'm not too sure on what to do but i'll look into what you guys have said...
so u guys think i can throw out the one that i want or just get the bac level one tossed... because the stop sign carries 3 demerits and i'd like to lose that one if possible..


User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined: Fri Apr 11, 2008 2:49 pm
Location: somewhere in traffic

Moderator

by: Reflections on
Fri Mar 20, 2009 9:06 am

It's up to you. You were only stopped once right. One ticket is not valid, it's upto you as to which one. If you receive two trial dates, probably not, but you could use one ticket to get out of the other. You'd have to be really slick but it's possible. Best bet though is to get the stop sign one tossed.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


gino4eva
Newbie
Newbie
Posts: 4
Joined: Thu Mar 19, 2009 12:11 pm

by: gino4eva on
Fri Mar 20, 2009 1:24 pm

now i'm really confused.. i went yesterday to apply for a court date and i mentioned to the lady that the dates are different she told me that the cop can change the dates in his own papers and still prosecute me:shock: is that true?


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Fri Mar 20, 2009 3:11 pm

The Justice at trial can amend the date on the Provincial Offences Notice. So yes, the invalid date can be corrected, provided that the officer filed the appropriate paperwork. They'll have to amend it at trial. The officer can't just write over the old date on the ticket, as that would be a fatal error. It is a little embarrassing for the Prosecutor to request the amendment, although they're usually more than willing to do it.

There are more options out there, though; you need to gather more info. For the disclosure request, make sure you ask for an explanation and clarification of the charge. I also think that the STOP sign requires a by-law so if they don't provide you with the by-law that should be sufficient to quash the proceeding for improper disclosure. But get the evidence against you before you make a decision as to whether to plea-bargain, fight it, or make any other choices.


Post Reply
  • Similar Topics

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 14 guests