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@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 ...

The London v. Young strategy only works if there is a fatal error on the face of the ticket. A misspelled name is NOT a fatal error.

If you ignore the ticket, you will be convicted in absentia for Careless Driving which carries 6 demerit points, $490 fine and a high risk of losing auto-insurance.

Thanks everyone!

Updated on my ticket: I carefully examine my ticket again and found that my name was spelled wrong on the ticket, is this fatal error? I would like to know:

Do I still need to request trial option within 15 days? if yes, can prosecutor or judge correct the name right away to make it valid?
http://www.ontariohighwaytrafficact ...

bend wrote a great post about the specific consequences of a Novice Class Above Zero B.A.C. http://www.ontariohighwaytrafficact.com/topic5162.html#p28873[quote]S.7 (1)(b)(i) — Drive motor vehicle, fail to display two plates - $110
S.44.1 (3) — Novice driver — B.A.C. above zero - $110[/quote]You shouldn't just simply pay either tickets, it's in your ...

The reinstatement fee applies to the 3-day suspension as well: http://www.mto.gov.on.ca/english/safety ... heet.shtml

Normally you would ignore the tickets and wait for a 'Notice of Impending Conviction' http://www.ticketcombat.com/parking/ignoreit.php

In your case, you responded quickly to the first offence notice. I would go to the Mississauga Court House on Burnhamthorpe and speak to a front-line ticket clerk about your situation. Make sure you bring the ...

For the third from a fault point of view its my fault but I hope to try and reduce it to following to closely. I don't have my G license but have a full Europe license and India license. Following Too Closely carries 4 demerit points, and will result in an automatic 30-day Drivers License Suspension. https://www.e-laws.gov.on.ca/html/regs/english ...

From a Fault Determination POV, if only your vehicle was in motion then you're 100% at fault for both cars. If the vehicle you hit was also in motion then he's 50% at fault for the vehicle in front him. http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

It's in your best interest to retain legal counsel on this. Prosecutors ...

The crown most likely listens to the "momentary inattention" story everyday. They'll definitely have you test it with the JP to see if they believe it and if your daughter is unshaken under cross-examination.

There's a lot of decisions and precedent cases at http:///canlii.ca regarding "momentary inattention". You could do some research yourself ...

Would it be a good idea to choose option 2 (Early resolution) at this point and speak with the prosecutor? I am thinking that I could delay the court date a bit and take this option. Once I speak with the prosecutor and all that they offer me is a lessor fine, I can then decline and request a court date be set. I am hoping that my court date will ...

The other driver's written statement holds little weight in court. He has to repeat it under oath and be unwavering in his position under cross-examination.

If his oral testimony contradicts his written statement, then he'll have to explain why or his credibility will be questioned.

In voltech's case there maybe two witnesses providing evidence ...

I was summoned to the Mississauga Court House as an independent witness for a Careless Driving charge, and I watched a 'Turn Not in Safety' trial unfold. The left turning driver collided with a speeding red light runner. Left turn driver told the courts there were three lanes of traffic ahead of him; vehicles in lane 1 and 3 were completely stopped ...

@voltech the date error you described wouldn't automatically invalidate the ticket, it would give the officer less time to file it with the courts http://www.ontariohighwaytrafficact.com/topic1965.html

Careless is the appropriate charge in your case, but there is a plethora of decisions/trials/case-law that suggests momentary lack of attention is ...

As you exit off the 403 there are black and white signs which indicate the direction of travel assigned to each lane: http://goo.gl/maps/gVUAn

If you turned from the middle lane you disobeyed those enforceable black & white signs and HTA S.141 requires right turns to be made from the right lane.

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

Out of curiosity, is this your thread (http://www.ontariohighwaytrafficact.com/post31182.html) as well?

Unfortunately the crown can only give you what they have in their possession. Additional items they do not have will require a Freedom of Information Request at the relevant police station/service.

With respect to speeding offences ON prosecutors at the most give a full copy of the manual (by e-mail) and typed notes if they're not legible. You ...