Ontario Highway Traffic Act

The list you provided has a number of items that are redundant or just not applicable to your ticket. This is the problem when people use boiler plate disclosure requests from the internet. (I'm not blaming you if you didn't know any better, I'm just explaining.)

o a full copy of the police officers notes - you got that
o a copy of both sides of ...

If you wish to fight the ticket, go to the address on the back of the ticket and they will tell you what you need to do to get a court date. They can also advise you on what the procedure is for requiring disclosure in that jurisdiction.

You can chose to fight 1 or both of the tickets, but if you want to speak to the prosecutor either ticket, you ...

If the officer told you to bring your insurance and show the crown then the officer will not be ripping up the ticket. By that time it will be out of his hands. I think what he meant is that, if you show the crown that you had insurance, he may withdraw the ticket. But he's not doing you any special favours there, withdrawing one in exchange for a ...

The delay between the court date you just missed and you next one is attributable to you so it doesn't count for the purpose of 11(b). Only the time attributable to the crown or the system counts for that.

Did he tell you to come to the station to show him the correct insurance slip within a specified amount of time? or did he say to bring it to the prosecutor if/when you go to see him?

Just what happened - that you attended at the time you were told and they told you it was at a different time. Essentially it's an officially induced error.

So basically if you missed your trial you were convicted in abstentia under s. 9.1 of the Provincial Offences Act. Now you have to apply to reopen the case.

What did you get charged with and how did you get charged if you weren't the driver?

champdilse wrote: 3) I know conviction stays in my record for 2 years, but i have no demerit points so how would it show in my records?

It doesn't stay for 2 years. Read this

http://simonborys.wordpress.com/2010/08 ... r-3-years/

Personally I don't think what you've outlined is enough for a due dilligence defence, which is essentially what you're trying to argue. You're trying to say, "I did everything I could to avoid committing the offence." But I think the rebuttal to that is, "you could have done more - like go slower, be more observant, etc."

If he could have seen down the hill and see a car coming that might not be stopping then he would be at fault

I don't agree that this would have rendered the driver coming out of the driveway free of fault. At least not fault in terms of the HTA. The onus is still on the driver leaving the private driveway to NOT do so unless it can be done ...

You seem to be blurring the line between two distinct ideas of at fault under the HTA (i.e. committed an offence) and at fault per insurance fault rules.

With respect to at fault under the HTA, you are correct that it is an offence to leave a private driveway not in safety. I'd suggest that if there was a collision, that's evidence of the fact ...

Keroba wrote: Is there any other offence that has a varied fine, between what the Chief Justice's list says the set fine is, and the penalty prescribed in the Act that enumerates the offence?

No

One list is for ticket (i.e. out of court settlements), the other is for JP's to apply in court, after a trial. The table in the HTA is for JP's to use.

Stanton wrote:I believe you only have 15 days from the date of conviction to do so.

30 days actually - s. 135(2) POA