Two Fatal Errors - Red Light Ticket, already set trial

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LawyerUp
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Two Fatal Errors - Red Light Ticket, already set trial

Unread post by LawyerUp on

Hello Everyone,

So I made a big mistake by setting a trial date because I did not notice two fatal errors on a RED LIGHT-FAIL TO STOP ticket a friend received on her bicycle.

Fatal Errors are as follows:
1) No section of HTA. Ticket states "Red Light - Fail to stop Contrary to H.T.A."
2) Incorrect Set Fine & Total Payable: $150 & $185 respectively.

So my question now is how would any of you proceed? The Notice of Trial states the section 144(18).

Would you request disclosure and fight it at trial? Is there a chance the ticket will not be corrected with a no show.


LawyerUp
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Unread post by LawyerUp on

I believe I have found the answer to my question.

Failure to appear at trial
9.1 (1) A defendant is deemed to not wish to dispute the charge where the defendant has been issued a notice of the time and place of trial and fails to appear at the time and place appointed for the trial. 2009, c. 33, Sched. 4, s. 1 (14).

Action by justice
(2) Where a defendant is deemed to not wish to dispute the charge, a justice shall examine the certificate of offence and shall,

(a) where the certificate of offence is complete and regular on its face, enter a conviction in the defendant’s absence and without a hearing and impose the set fine for the offence; or

(b) where the certificate of offence is not complete and regular on its face, quash the proceeding. 2009, c. 33, Sched. 4, s. 1 (13).

It would be great if someone would confirm my belief that not showing up to trial will have the proceedings quashed if the Justice does not err.


daggx
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Unread post by daggx on

That is correct, if your friend doesn't show up for her trial the Justice of the Peace should quash the ticket. If the JP fails to quash the ticket you have very solid grounds for an appeal citing London v. Young as precedent.


LawyerUp
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Unread post by LawyerUp on

Thanks. Does anyone have any links to the appeals process in a matter such as this.
I want to be prepared should the need arise. (I am taking care of the ticket for my friend)






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