Ontario Highway Traffic Act

I have the list of Fatal Errors and Non-Fatal Errors from TicketCombat below each question, and I was wondering two things:

QUESTION #1
Which of the Fatal Errors can be amended at the trial by the prosecutor/Justice, if any?

Fatal Errors - The following errors are fatal and will get your traffic ticket thrown out:
no offence date;
no ...

You can also go to this page:
http://www.ic.gc.ca/app/sitt/reltel/src ... o?lang=eng

and type GENESIS into the Model field and it will pull up all the IC for the different genesis models (like genesis II select).

And am I correct in assuming that for a speeding ticket, the officer must correctly identify the vehicle? If this is the case then would that not apply to Talking On Cell While Driving as well?

Thanks

Hi

Was hypothetically charged with 78.1(1) Hand-held devices prohibited
Wireless communication devices
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail ...

okay thanks

Thanks Decatur

Sure there are...
128(1)
128(1.1)
128(2)
128(3)
128(5)
128(6)
128(6.1)
128(6.2)
128(6.3)
128(8)
128(8.1)
128(8.2)
128(9)
128(10)
128(10.1)
128(11)
128(12)
128(13)
128(14)
128(14.1)
128(15)
128(15.1)
128(15.2)
128(15.3)
128(15.4)
128(16)
128.1

And there are lots of subsections under those as well with all their (a) (b) (c) stuff as well.

Maybe I ...

I did find this case which talks about wrong section numbers and omitted section numbers:

R. v. Stuparayk and Firminio, 2009 ONCJ 394 (CanLII)
http://canlii.ca/t/25dzc

It appears that a wrong section number is grounds for quashing where as an omitted section is not.

So now the question becomes: Is stating the section simply as "128" considered a ...

I found the following article on cross-examination:
http://www.nolo.com/legal-encyclopedia/free-books/beat-ticket-book/chapter11-2.html

It was very helpful in giving me ideas on how to question the officer, and I can hopefully bring his testimony into question.

I also found this site to be helpful:
http://fyst.ca

And of course:
http ...

In Ontario, does an officer need probable cause before they can turn on their radar?

For example, do they need "witness the vehicle at a high rate of speed" before they use it, or can they just have it on all the time?

Thanks

Thanks ... thats what I needed (a place to start).

Hi

How do you actually go about researching case law? Where do you look?

For example if I want to find cases in Ontario Provincial Offences Court about fatal errors on certificate of offence about whether putting down the HTA section number but no subsection is consdered fatal error or not?

Thanks

So to answer my own question for (2) above, the answer is most likely you will never be able to use a Fatal Error during a trial to get it thrown out because the Court may amend the ticket at any time under Section 34 of the Provincial Offences Act. So this means that no matter when you bring up the fatal error and no matter what it is, the Justice ...

Hi

I know this is an old thread, but was the only one I could find that was relevent ...

So is it still considered a fatal error if only the section number 128 is written on the Offence Notice with no subsection (hypothetically for say speeding 115km/h in a 100km/h zone)?

So assuming yes, would these be my options?

(1) Do not choose any options ...

@bend said " If you believe the officer is wrong in his notes, I suggest you use that information against him in your defense."

This is kind of what I was asking about (although I did not say it very well) ... so do I want to show that the officer's testimony is unreliable because of this? Is there a specific legal term I can search for case law ...