I was given a ticket when I turned on a no turn sign street. After a couple of days, I noticed an error on it. My plate number was not fully written on the ticket. I heard that if a mistake is made on a ticket, it means that the ticket is invalid. Is that true? If yes, could anybody show the Traffic Act paragraph number which I could use to dispute the ticket? Thanks,
I was given a ticket when I turned on a no turn sign street.
After a couple of days, I noticed an error on it. My plate number was not fully written on the ticket.
I heard that if a mistake is made on a ticket, it means that the ticket is invalid. Is that true? If yes, could anybody show the Traffic Act paragraph number which I could use to dispute the ticket?
That's probably not a fatal error. If you fight it in court, which is the only way they would know there is an error they can amend the certificate. But I'm not sure if they would even need to since the officer would probably give evidence as to the correct plate.
That's probably not a fatal error. If you fight it in court, which is the only way they would know there is an error they can amend the certificate. But I'm not sure if they would even need to since the officer would probably give evidence as to the correct plate.
Not exactly. In your case, the ticket is still valid. A mistake or omission of the licence plate number won't get it thrown out. The mistake has to be huge in order for it to be tossed: The defendant's name is completely wrong or missing; the charge is missing; the location is completely wrong/missing; the set fine and/or total payable is incorrect; the offence cited is not known to law; or the officer's signature is missing. It's not in the HTA. It's actually the London v. Young ruling by the Ontario Court of Appeal.
ervinn wrote:
I heard that if a mistake is made on a ticket, it means that the ticket is invalid. Is that true?
Not exactly. In your case, the ticket is still valid. A mistake or omission of the licence plate number won't get it thrown out.
The mistake has to be huge in order for it to be tossed: The defendant's name is completely wrong or missing; the charge is missing; the location is completely wrong/missing; the set fine and/or total payable is incorrect; the offence cited is not known to law; or the officer's signature is missing.
It's not in the HTA. It's actually the London v. Young ruling by the Ontario Court of Appeal.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
I was travelling down Van Horne Ave and pulled over on King St. The ticket says I was pulled over on Van Horne Ave and has the wrong birth date. My Birth Date is 02/12 the ticket say 02/21.
I was travelling down Van Horne Ave and pulled over on King St. The ticket says I was pulled over on Van Horne Ave and has the wrong birth date. My Birth Date is 02/12 the ticket say 02/21.
The ticket lists the location of the offence, not the traffic stop. If you committed the offence on Van Horne, then it is correct. Incorrect birth date is not sufficient to get the ticket quashed. Can you tell us what you were charged with, and maybe some more detail? There could be other ways of fighting the charge.
The ticket lists the location of the offence, not the traffic stop. If you committed the offence on Van Horne, then it is correct. Incorrect birth date is not sufficient to get the ticket quashed.
Can you tell us what you were charged with, and maybe some more detail? There could be other ways of fighting the charge.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
I got a speeding ticket today. All the information on it is correct, but the charge is written: Speeding km/hr in a km/hr zone. No numbers. Would this constitute a fatal error?
I got a speeding ticket today. All the information on it is correct, but the charge is written:
See this thread: http://www.ontariohighwaytrafficact.com/topic2958.html There is some case law that says if the fine is correct, the actual amount doesn't need to be on the ticket.
oldenough2know wrote:
I got a speeding ticket today. All the information on it is correct, but the charge is written:
See this thread: http://www.ontariohighwaytrafficact.com/topic2958.html There is some case law that says if the fine is correct, the actual amount doesn't need to be on the ticket. Thanks for the link. That's pretty clear.
Stanton wrote:
oldenough2know wrote:
I got a speeding ticket today. All the information on it is correct, but the charge is written:
Hey i recently recieved a ticket for "failure to stop at a stop sign" and i wanted to take it to court becasue i belive i stopped. It was not possible for the officer to see a stopped vehicle from where he was becasue of trees and other obstructions. Anyways today i got my court notice in the mail and it says the act happened on mAyer road, however it happened on mOyer road. Ive heard that if there are wrong things posted on tickets you can get them thrown out. I dont remember what the actual ticket said because i handed it in, but is it possible that i can get this thrown out that way?
Hey i recently recieved a ticket for "failure to stop at a stop sign" and i wanted to take it to court becasue i belive i stopped. It was not possible for the officer to see a stopped vehicle from where he was becasue of trees and other obstructions. Anyways today i got my court notice in the mail and it says the act happened on mAyer road, however it happened on mOyer road. Ive heard that if there are wrong things posted on tickets you can get them thrown out. I dont remember what the actual ticket said because i handed it in, but is it possible that i can get this thrown out that way?
that is also just a "court notice", not the official charging document.
boek9 wrote:
. Anyways today i got my court notice in the mail and it says the act happened on mAyer road, however it happened on mOyer road. Ive heard that if there are wrong things posted on tickets you can get them thrown out.
that is also just a "court notice", not the official charging document.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…