Search found 28 matches

by redcaesar
Tue Nov 10, 2020 1:31 pm
Forum: General Talk
Topic: I got a ticket for invalid permit
Replies: 2
Views: 3449

Re: I got a ticket for invalid permit

Thanks, I did get my ticket dismmised!
by redcaesar
Fri Dec 02, 2011 3:14 pm
Forum: General Talk
Topic: I got a ticket for invalid permit
Replies: 2
Views: 3449

Re: List of Fatal Errors

Doing some research specifically on Missing HTA Section and found this. http://canlii.ca/t/22nkc R. v. Hargan, 2009 ONCJ 65 in which an appeal based on missing section code was dismissed. Has there been decisions since that affect this It goes into analysis of previous decisions but of specific importance section 11,12,13 below. [11] Livingstone J. concluded that not every box and space on the certificate need be filled with the relevant information. She accepted the position of Libman J. in R. v Koshael (supra) that the certificate need only set out the elements required to enter a conviction...
by redcaesar
Fri Dec 02, 2011 1:52 pm
Forum: General Talk
Topic: forcing fatal error
Replies: 9
Views: 2962

Re: forcing fatal error

If fatal error exists on ticket and I already asked for trial what should I do next? Is my best option wait for trial and not show up, get convicted then head to JP for reopening?
by redcaesar
Fri Dec 02, 2011 1:45 pm
Forum: Courts and Procedure
Topic: My experience with a s.135 POA appeal
Replies: 11
Views: 6946

Re: My experience with a s.135 POA appeal

Is this the only way to deal with an invalid ticket? Don't respond and appeal if charged?
by redcaesar
Fri Dec 02, 2011 12:26 pm
Forum: General Talk
Topic: I got a ticket for invalid permit
Replies: 2
Views: 3449

I got a ticket for invalid permit

I got a ticket for invalid permit. Ticket read "DRIVE MOTOR VECHILE- NO CURRENTLY VALIDATE PERMIT" Then contrary to "HTA" with the section blank. It should be HTA 7(1)(a). Permit requirements 7. (1) No person shall drive a motor vehicle on a highway unless, (a) there exists a currently validated permit for the vehicle; Image attached. According to list this is a fatal error that invalidates the ticket. Is it correct that this ticket is invalidated? What do I do now to get the ticket cancelled? Do I still have to go to court? I requested a trial and request disclosure. It's ...
by redcaesar
Fri Dec 02, 2011 12:06 pm
Forum: Courts and Procedure
Topic: How to file an 11B
Replies: 96
Views: 95616

Re: How to file an 11B

Thanks Radar Identified - but how can we fax such a large document? More-over do we not need their stamp on all other copies of the 11B? I've made 6 copies following the guidelines on this thread, but the books are so large I dont see how we could fax it or get them to stamp all our other copies. These are the guidelines i've been following: The main points to remember are to: 1. Write your application for stay of proceeding and put it together as a document, which will serve as a motion for the constitutional question. Make six (6) copies and as you drop each one off (or have someone assist ...
by redcaesar
Fri Dec 02, 2011 11:55 am
Forum: Courts and Procedure
Topic: Disclosure reqeust and Stay of Procedings
Replies: 4
Views: 1885

Re: Disclosure reqeust and Stay of Procedings

OK now December and after 2 Disclosure requests first one June 3rd, 2nd one Oct 26. Filed for stay on November 14th and trial is about a week away. Was worried about the amount of time delay not being attributed to crown but with no disclosure and original offense date in Aug 2010, it will be 16 months since offense and 6 months since first disclosure request. I think if they haven't produced disclosure as yet it is very unlikely they will and I will get dismissed just based on lack of evidence or no disclosure provided.
by redcaesar
Tue Nov 15, 2011 2:00 pm
Forum: Courts and Procedure
Topic: Disclosure reqeust and Stay of Procedings
Replies: 4
Views: 1885

Re: Disclosure reqeust and Stay of Procedings

Put in 2nd disclosure request October 20th and had not received any disclosure to date so filed my Stay application Nov 14th... Been 5 months since first disclosure requested.
by redcaesar
Fri Oct 28, 2011 1:44 pm
Forum: General Talk
Topic: Invalid Permit
Replies: 3
Views: 1408

Re: Invalid Permit

Can I file a motion to have ticket invalidated based on error?
by redcaesar
Wed Oct 26, 2011 3:58 pm
Forum: General Talk
Topic: Invalid Permit
Replies: 3
Views: 1408

Re: Invalid Permit

So do I just tell the prosecutor before trial or wait to tell JP?
by redcaesar
Wed Oct 26, 2011 3:18 pm
Forum: Courts and Procedure
Topic: 11b - Good News
Replies: 13
Views: 7620

Re: 11b - Good News

Should this case now be noted for 11b stay applications?
by redcaesar
Wed Oct 26, 2011 2:39 pm
Forum: General Talk
Topic: Invalid Permit
Replies: 3
Views: 1408

Invalid Permit

Hi I got pulled over a few days after my birthday. My plate sticker was October and got pulled over in October. I was under the impression that plate was good till end of the month but apparently it expires on your birthday?

Any way the officer put the charge as

DRIVE MOTOR VEHICLE - NO CURRENTLY VALIDATED PERMIT
contrary to: HTA

Wondering of not specify the HTA section/sub section is a fatal error worthy of dismissal?

Is there a sticky or post that has list of fatal errors to look for on ticket?
by redcaesar
Mon Aug 22, 2011 5:12 pm
Forum: Courts and Procedure
Topic: Disclosure reqeust and Stay of Procedings
Replies: 4
Views: 1885

Re: Disclosure reqeust and Stay of Procedings

Stanton wrote:Since you put in your disclosure request so late, I'm not sure you'll be able to use the June to December adjournment towards an 11B. The delay will probably be attributed towards you, not the Crown.

Would it be attributed to me even though I did not get notified?

If I don't get disclosure before Nov 7th is that not enough for 11B under premise of no disclosure provided?
by redcaesar
Mon Aug 22, 2011 1:45 pm
Forum: Courts and Procedure
Topic: Disclosure reqeust and Stay of Procedings
Replies: 4
Views: 1885

Disclosure reqeust and Stay of Procedings

Hi put in a disclosure request before my trial but I put it in late on June 3rd. I submitted late because I never received my court appearance notification (assuming lost in post because of 2 moves and Canada post forwarding). Only reason I found out my court date was I called and emailed POA periodically and once they had trail date and submitted right away. Submitted on June 3rd via fax and in person ( have stamp and fax log). I also have print out of POA email notifying me of trial date. Showed up for my trial on June 23rd and they didn't have disclosure and trial was adjourned until Decemb...
by redcaesar
Fri Jun 03, 2011 4:25 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Do I Have chance of successful 11b? HTA 136 (1)(a)
Replies: 16
Views: 4733

Re: Do I Have chance of successful 11b? HTA 136 (1)(a)

Police services don't receive any money from tickets....all goes to the municipality where the offence is issue. Municipality then can use the money as they see fit. Cash grab would be something you can not avoid paying for (gasoline, taxes, etc..) Traffic offenses can easily be avoided by following the laws that are in place, therefore if one never breaks a law, there is no penalty or money to hand out. Oh sorry yes the mancipality gets the money. But wait what is the biggest expense of the mancipality? That's right Police services. ***EDITED by Admin*** In 2009 there where about 500,000 HTA...

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