Ontario Highway Traffic Act

@Red Cliff, check daggx's post about the appeal process: http://www.ontariohighwaytrafficact.com/topic5412.html#p30086

The courts have a generous grace period of ~30-days that gives defendants extra time especially if they're mailing in their tickets.

It's your responsibility to contact the court house to monitor the status of your ticket. You ...

What date did you file the ticket for trial?

What were you offered?

Now that it's going to trial, the other driver will be subpoenaed to present evidence for the crown; if they fail to appear, the charges will most likely get dropped.

@Red Cliff, forget about the necessity defence! You already have the fatal error, use it in your favour.

viper1 wrote:I think that your set-fine is wrong.

Cheers
Viper1

OP suggests that the officer gave him a reduction, and the set fine and total payable is consistent with a +10km/hr charge.

The crown can reduce HTA S.130 Careless Driving to HTA S.141 (5) — Left turn ‑ "fail to afford reasonable opportunity to avoid collision". The amended charge carries 3 demerit points and a $110 fine, which can be reduced if you're able to show undue hardship and financial difficulties.

If you had chosen trial, there is the chance the other driver ...

I believe the motion to quash is done by the JP, and is simply an oral statement where they identify the defect and quash it. POA S.36 is discussed in a completely different light in London (City) v. Young, 2008 ONCA 429 (CanLII): http://canlii.ca/t/1x2n3

It would be in your best interest to read that ruling in full to better understand how the ...

There are no forms nor any motions that are required to initiate a forced fatal error; you simply ignore the ticket or choose trial and don't show up. When you ignore (POA S.9) or fail to show (POA S.9.1) the JP has to examine the face of the ticket, and if he notices a fatal error he has to quash the ticket

http://www.e-laws.gov.on.ca/html ...

Red Light Tickets don't affect your driver's abstract nor your insurance; they have no way of identifying the driver, only the offending vehicle. If you fail to respond/pay the ticket, you'll end up paying for it in full with admin fees when you renew your license plate sticker.

In court... they'll tell you the obvious, "you were driving too fast ...

From a plea-bargain POV, the crown may amend the charge from S172 Stunt Driving to S128 Speeding of +49kph or +60kph.

Set Fines: http://www.ontariocourts.ca/ocj/how-do-i/set-fines/set-fines-i/schedule-43/
Victim Surcharge: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_000161_e.htm
HTA S128: http://www.e-laws.gov.on.ca/html/statutes ...

It's your 11b motion, if you're arguing that the previous adjournment was the result of the crown's actions . Provide the courts with transcripts proving this.

There could be a new justice of peace, and prosecutor dealing with you on the new date. Even if they were the same, they'll have little to zero recollection of what transpired on your ...

http://ottawa.ctvnews.ca/ontario-drivers-to-face-higher-set-fine-for-distracted-driving-as-of-march-18-1.1703088[quote]Chief Justice Annemarie Bonkalo of the Ontario Court of Justice has signed an order increasing the set fine to $225 from $125 starting March 18.[/quote]It appears the set fine is $225 + $50 victim surcharge + $5 court fee = $280 ...

For rear-end collisions I have the seen the crown reduce S.130 Careless Driving to S.141 (5) Left turn ‑ fail to afford reasonable opportunity to avoid collision

The amended charge carries a $110 fine and 3 Demerit Points; so a novice class suspension can be avoided if this was on the table.

http://www.e-laws.gov.on.ca/html/statutes/english ...

Does anyone know whether or not the HTA being cited incorrectly IS actually a fatal error? There's a lot of appellete decisions that already dealt with this. A quick CanLII search will return a plethora of decisions https://www.canlii.org/en/on/#search/jId=on&all=wrong+section+number+highway+traffic+act

R. v. Stuparayk and Firminio, 2009 ONCJ ...

Rough Timeline:

2013 Apr 12 - Received infraction notice
2013 Apr 25 - Submitted infraction notice for trial
2013 Aug 13 - Received Notice of Trial
2014 Feb 20 - 1st Trial Date
2014 Mar 14 - 2nd Trial Date

The 11b clock starts from the date you filed your intention to go to trial (Apr 25, 2013) to your trial date (Mar 14, 2014). Because you ...