Thanks, I did get my ticket dismmised!

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...

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?

Is this the only way to deal with an invalid ticket? Don't respond and appeal if charged?

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 ...

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 ...

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.

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.

Can I file a motion to have ticket invalidated based on error?

So do I just tell the prosecutor before trial or wait to tell JP?

Should this case now be noted for 11b stay applications?

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?

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?

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...

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...