Violation of Driving Restrictions (Corrective lenses)
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Greatest Canadian
- Jr. Member
- Posts: 68
- Joined: Tue Oct 06, 2009 9:56 pm
But maybe because you didn't notify them prior to the charge the charge might stick, I'm not sure.
Maybe others have dealt with similar matters and know for sure.
As for your speeding ticket, fight it.
What city did you receive the ticket in?
Did you already send in a notice to appear?
How much is the set fine and how much is the total payable?
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Greatest Canadian
- Jr. Member
- Posts: 68
- Joined: Tue Oct 06, 2009 9:56 pm
You can find it in the general section and just a few threads below this one were typing in right now.
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Greatest Canadian
- Jr. Member
- Posts: 68
- Joined: Tue Oct 06, 2009 9:56 pm
But the offence notice you have been issues is completely bogus.
Read it.
It says you must pay the total payable.
The total payable includes two other separate fine amounts.
The offence notice is created by regulation, but the regulation is not in compliance with POA.
When a regualtion and Act conflict the statue governs.
Since the offence notice is not lawful, it is not complete and regular on its face.
If you ignore the tickets and do not repsond to them at all, you will mostly likely be convicted, but you'll win your case on appeal.
The court cannot correct errors on the ticket if you simple ignore them and do not repsond to the ticket at all.
Conversely, if you go to court and explain the rrors to the court, then can fix the errors under POA s. 34 and you can be convicted. You would not then win the case on appeal.
However, if you go to court, the court cannot fix the bogus offence notice that states you must pay the total payable.
Do what you think is best for you.
I would ignore the tickets all together and fight your case on appeal if you are convicted.
Also, your tickets involve demerit points. This means its a provincial matter and the cop was required by law to speak both French and English to you when you were stopped. He never did so. I already know.
He was also required by law to fix out the ticket in both French and English. He didn't do that either did he?
The city of Brampton is also required to have the street signs in both French and Englsih. I bet they don't right?
The speed limit sign must also be in French and English.
It was a 70 kph zone where you were stopped. But on the same road it might have an 80 section, or a 60 section, right?
When the road speed limit goes from 60 to 70 kph, the speed limit sign says 70 begins. The word "begins" must be in French and English, and where the road speed limit goes from 70 to 60 kph, the 70 "ends" sign must have the word "ends" in French and English.
Go see if the signs are in both languages.
I bet they are not.
The officer said he'd drop the "no glasses" charge if I take a vision test, but I just found out the testing centres are closed due to a strike!
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
www.OHTA.ca & www.OntarioHighwayTrafficAct.com
"The hardest thing to explain is the obvious"
www.OHTA.ca & www.OntarioHighwayTrafficAct.com
Driving in breach of condition prohibited
31(9) No person shall drive a motor vehicle on a highway while contravening a condition contained in his or her driver’s licence or imposed by the regulations. R.S.O. 1990, c. H.8, s. 32 (9).
Beyond the MTO's webpage which specifically mentions the need for a vision test, does anyone know what exact regulation would hold the specifics of the vision requirements/tests for driving? Kind of curious now as I could not find anything.
25. The Minister may impose conditions on a driver’s licence appropriate to the holder’s driving ability in respect of the type of motor vehicle and the special mechanical control devices required on any motor vehicle that the holder may drive, or such other conditions as are appropriate to ensure that the holder drives the motor vehicle safely. O. Reg. 340/94, s. 25.
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