Hey guys, I was merging onto the 409E from Dixon Road this morning and the entire right lane was full of trucks. I tried to merge in but could not do so safely, I then noticed a car coming in behind me quite fast and decided that the best course of action would be to go onto the shoulder so as to avoid getting rear ended. I ended up crossing the bullnose at 409 and Martin Grove and lo and behold the OPP was waiting for me. I also have dashcam footage of my (unsuccessful) attempt to merge. Now I know I was in the wrong as I should have attempted to merge earlier, but I'm not from the area so I didn't realize it would be that difficult to merge in. I was charged with 'Fail to Drive in Marked Lane' contrary to HTA S. 154.1(a). From my research, it should have been 154(1)(a) as 154.1 is in regards to the HOV lane. The set fine is $85 with a total payable of $110. The officer told me that there are no points (audio recorded by dashcam) but it seems that there are, in fact, 3 points with this ticket. Just like everyone else, I don't want this on my record. What's the best course of action that I should take to have ticket dismissed, or at least reduced significantly? Thanks in advance.
Hey guys, I was merging onto the 409E from Dixon Road this morning and the entire right lane was full of trucks. I tried to merge in but could not do so safely, I then noticed a car coming in behind me quite fast and decided that the best course of action would be to go onto the shoulder so as to avoid getting rear ended. I ended up crossing the bullnose at 409 and Martin Grove and lo and behold the OPP was waiting for me. I also have dashcam footage of my (unsuccessful) attempt to merge.
Now I know I was in the wrong as I should have attempted to merge earlier, but I'm not from the area so I didn't realize it would be that difficult to merge in.
I was charged with 'Fail to Drive in Marked Lane' contrary to HTA S. 154.1(a). From my research, it should have been 154(1)(a) as 154.1 is in regards to the HOV lane. The set fine is $85 with a total payable of $110. The officer told me that there are no points (audio recorded by dashcam) but it seems that there are, in fact, 3 points with this ticket.
Just like everyone else, I don't want this on my record. What's the best course of action that I should take to have ticket dismissed, or at least reduced significantly?
You're absolutely right. There isn't even a clause 154.1 (a). There's a 154.1 (1) (a), but no 154.1 (a). You should have been charged under s. 154. I would ignore the ticket. A JP will look at the certificate of offence to see if it is "complete and regular on its face." He or she should notice that the incorrect section has been shown and should throw it out. If he or she does not notice the error and enters a conviction, you can successfully appeal.
You're absolutely right. There isn't even a clause 154.1 (a). There's a 154.1 (1) (a), but no 154.1 (a). You should have been charged under s. 154.
I would ignore the ticket. A JP will look at the certificate of offence to see if it is "complete and regular on its face." He or she should notice that the incorrect section has been shown and should throw it out. If he or she does not notice the error and enters a conviction, you can successfully appeal.
I've read on here that an incorrect section listed would not be considered a fatal error resulting in a dismissed ticket, can anyone shed further light on this? Also, if I were to ignore the ticket and the JP were to dismiss it, how would I know whether or not the ticket has been dismissed?
Zatota wrote:
I would ignore the ticket. A JP will look at the certificate of offence to see if it is "complete and regular on its face." He or she should notice that the incorrect section has been shown and should throw it out. If he or she does not notice the error and enters a conviction, you can successfully appeal.
I've read on here that an incorrect section listed would not be considered a fatal error resulting in a dismissed ticket, can anyone shed further light on this?
Also, if I were to ignore the ticket and the JP were to dismiss it, how would I know whether or not the ticket has been dismissed?
It is a Fatal Error if the section is unknown AND you do not show up for trial. If you show up for trial, then they may be able to amend/fix it. If it was me, I would NOT respond to the ticket and keep the original in a safe place (scan it as well so you have copy just in case). There are two possible outcomes if you ignore the ticket (1) The JP will review the ticket and see that the section number is incorrect and will quash it and it will go away. If this happens, then congratulations you win! (2) The JP will review the ticket and not notice the section is incorrect and will find you guilty. If (2) happens, then you will need to do the following: - Pay the ticket and then file for an Appeal within 30 days (make sure you ask for APPEAL and not Re-Opening). - Your reason for appeal would be that the JP made and error at law as the section number is unknown and does not exist and therefore the charge should have been quashed. - Once you get your appeal trial date, you show up with your original ticket and tell the judge the reason above and show him the original ticket you were given and say "the section number does not even exist so I could I have fought it"?
It is a Fatal Error if the section is unknown AND you do not show up for trial. If you show up for trial, then they may be able to amend/fix it.
If it was me, I would NOT respond to the ticket and keep the original in a safe place (scan it as well so you have copy just in case).
There are two possible outcomes if you ignore the ticket
(1) The JP will review the ticket and see that the section number is incorrect and will quash it and it will go away. If this happens, then congratulations you win!
(2) The JP will review the ticket and not notice the section is incorrect and will find you guilty.
If (2) happens, then you will need to do the following:
- Pay the ticket and then file for an Appeal within 30 days (make sure you ask for APPEAL and not Re-Opening).
- Your reason for appeal would be that the JP made and error at law as the section number is unknown and does not exist and therefore the charge should have been quashed.
- Once you get your appeal trial date, you show up with your original ticket and tell the judge the reason above and show him the original ticket you were given and say "the section number does not even exist so I could I have fought it"?
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
Sorry for repeating questions as I'm still sort of confused (new to these things), but how would I know that the ticket was quashed? Is there a way I can follow up on my ticket to see if the JP has reviewed it and if it's been quashed or not?
ShrekTek wrote:
There are two possible outcomes if you ignore the ticket
(1) The JP will review the ticket and see that the section number is incorrect and will quash it and it will go away. If this happens, then congratulations you win!
Sorry for repeating questions as I'm still sort of confused (new to these things), but how would I know that the ticket was quashed? Is there a way I can follow up on my ticket to see if the JP has reviewed it and if it's been quashed or not?
You wait about a month and then you call the Provincial Offences office and ask them the status of the ticket. If you are convicted you will most likely receive a notice in the mail anyways, but call if you are not sure.
You wait about a month and then you call the Provincial Offences office and ask them the status of the ticket. If you are convicted you will most likely receive a notice in the mail anyways, but call if you are not sure.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
Is it possible that my license would be suspended if I was to ignore? I drive approx. 200km daily for work and can't afford to have my license suspended. Also, wouldn't the suspension go on my record?
Is it possible that my license would be suspended if I was to ignore? I drive approx. 200km daily for work and can't afford to have my license suspended. Also, wouldn't the suspension go on my record?
So assuming the JP does not see the error and convicts you, and assuming you also already have a bunch demerits against your license, then yes it is possible that your license could be suspended. 3 demerit points on its own will not lead to a suspension. Simply ignoring the ticket will NOT lead to a suspension either. If you ignore it, then it just automatically goes before a JP and you are deemed not to dispute the charge and the JP reviews the ticket and either enters a conviction for the charge or quashes it because of an error.
So assuming the JP does not see the error and convicts you, and assuming you also already have a bunch demerits against your license, then yes it is possible that your license could be suspended.
3 demerit points on its own will not lead to a suspension.
Simply ignoring the ticket will NOT lead to a suspension either. If you ignore it, then it just automatically goes before a JP and you are deemed not to dispute the charge and the JP reviews the ticket and either enters a conviction for the charge or quashes it because of an error.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
You also have another option, choose trial so that you know the exact date the JP will make their decision. You can follow up with the courts shortly after your scheduled trial date.
You also have another option, choose trial so that you know the exact date the JP will make their decision. You can follow up with the courts shortly after your scheduled trial date.
Okay, so with 3 days left to make my decision. It seems that my options are to either: 1) Ignore the ticket and hope that the JP quashes it. If not, file an appeal. 2) Get a court date so that I know when the JP will make a decision. Which is the better option in your opinion? What're the chances the Officer fixed the error on his copy of the conviction? If he did, would I still be able to make a case? For insurance purposes, does the ticket remain for 3 years from the date of conviction or the date of offence? Thanks!
Okay, so with 3 days left to make my decision. It seems that my options are to either:
1) Ignore the ticket and hope that the JP quashes it. If not, file an appeal.
2) Get a court date so that I know when the JP will make a decision.
Which is the better option in your opinion? What're the chances the Officer fixed the error on his copy of the conviction? If he did, would I still be able to make a case?
For insurance purposes, does the ticket remain for 3 years from the date of conviction or the date of offence? Thanks!
My opinion is that you should just ignore it. If you choose a trial date, then it may be months and months before that trial date occurs. If you ignore it, it will be dealt with within a few weeks. Just keep calling the Provincial Offences office every two to three weeks and ask about the status and you will know what happened much sooner than if you request a trial date. If the officer fixed their copy it does not matter, as you can still appeal because your copy (the one you were given) is incorrect.
My opinion is that you should just ignore it. If you choose a trial date, then it may be months and months before that trial date occurs. If you ignore it, it will be dealt with within a few weeks. Just keep calling the Provincial Offences office every two to three weeks and ask about the status and you will know what happened much sooner than if you request a trial date.
If the officer fixed their copy it does not matter, as you can still appeal because your copy (the one you were given) is incorrect.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
Alright guys, so I've been following up with the courthouse for the past few weeks and the status on my ticket changed today, both online and over the phone. Online, it says "Event FA - An option was not selected within the required time." So I called in and the person on the other end said that I didn't choose an option in time, and so it's going to be entered as a conviction (probably by Monday). I asked whether a judge had already taken a look at the ticket and he said he didn't know. Does anyone have any information on this? Would the judge already have looked at this? Thanks!
Alright guys, so I've been following up with the courthouse for the past few weeks and the status on my ticket changed today, both online and over the phone.
Online, it says "Event FA - An option was not selected within the required time." So I called in and the person on the other end said that I didn't choose an option in time, and so it's going to be entered as a conviction (probably by Monday). I asked whether a judge had already taken a look at the ticket and he said he didn't know.
Does anyone have any information on this? Would the judge already have looked at this? Thanks!
That sounds to me like a JP has not yet seen it and now that you have passed the time limit for responding it will now be scheduled for a JP to determine if it is correct and regular on its face. The clerk told you it will be entered as a conviction because in general most tickets are written properly. Definitely keep calling them to find out.
That sounds to me like a JP has not yet seen it and now that you have passed the time limit for responding it will now be scheduled for a JP to determine if it is correct and regular on its face. The clerk told you it will be entered as a conviction because in general most tickets are written properly. Definitely keep calling them to find out.
I think it's time to get the ball rolling on this now. I just checked the status of my ticket and now have the following: SIA: Found guilty, Convicted and Sentence Imposed in Absence of Defendant FiN: Court Fine Ordered My payable has now increased from $110 to $115. My guess is that the JP has reviewed the ticket and did not notice the error. Either that, or the Officer changed his copy of the ticket prior to submitting. I do still have my copy with the error on it though. What should be my next steps? This would be my first time fighting/appealing a ticket. How would I go about fighting this? Edit: Posted a picture of my ticket if that helps in any way. Thanks!
I think it's time to get the ball rolling on this now. I just checked the status of my ticket and now have the following:
SIA: Found guilty, Convicted and Sentence Imposed in Absence of Defendant
FiN: Court Fine Ordered
My payable has now increased from $110 to $115.
My guess is that the JP has reviewed the ticket and did not notice the error. Either that, or the Officer changed his copy of the ticket prior to submitting. I do still have my copy with the error on it though.
What should be my next steps? This would be my first time fighting/appealing a ticket. How would I go about fighting this?
Edit: Posted a picture of my ticket if that helps in any way. Thanks!
You do not have the required permissions to view the files attached to this post. Register to view.
Hey guys. I'm filling out the appeal form and wanted some clarification. In questions 11 and 12, it asks me to put the details of the offence such as description, certificate number, statute. Since the section number on my ticket is incorrect, should I leave that blank or fill it out as it exactly appears on my ticket? Also, question 14 asks "plea at trial" though I did not request trial, should that be entered as 'guilty,' 'not guilty,' or 'not known'? For the grounds of appeal, I've simply written "The justice erred by convicting based on section 9(2)(a) of the Provincial Offences Act. The Justice erred and failed to examine the certificate of offence, as it is not complete and regular on its face." Is that enough detail or should I mention more? Thanks.
Hey guys.
I'm filling out the appeal form and wanted some clarification. In questions 11 and 12, it asks me to put the details of the offence such as description, certificate number, statute. Since the section number on my ticket is incorrect, should I leave that blank or fill it out as it exactly appears on my ticket?
Also, question 14 asks "plea at trial" though I did not request trial, should that be entered as 'guilty,' 'not guilty,' or 'not known'?
For the grounds of appeal, I've simply written "The justice erred by convicting based on section 9(2)(a) of the Provincial Offences Act. The Justice erred and failed to examine the certificate of offence, as it is not complete and regular on its face." Is that enough detail or should I mention more?
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
