Ontario Highway Traffic Act

My son was charged with speeding. He is 20 and I am planning to attend the trial with him next month. Can I actively participate in the trial with him? I mean asking questions, requesting montions, I mean actually legally representing him or he has to do it himself?

Thanks,

Thanks, Simon.

But accordingly to the next section, in such case an affidavit is required. If there is no affidavit (the disclosed to me material has the affidavit, which is empty), doesn't it invalidate the ticket? Can I use it in the court to my advantage?

Thanks, Simon.

So how does it align with POA RSO 1990. c.P.33, s.3(5)? What is the meaning of that section then?

Thanks.

Thanks, guys. One more silly question. Is it ok from legal perspective that two cops are handling your ticket. The firsts one collects your documents and handles you the ticket. The other one, working in the cruiser, writes the actual ticket?

Thanks.

Sorry, one more question.

In my case, there were two cops, one who stopped me, took the documents and handed me the tickets. The other one writing tickets on the computer. Is it correct from the legal point or it has to be one cop doing all these actions himself?

Thanks.

It should be the same as what's on your ticket, section 7(5)(a). There is no definition of true copy that I'm aware of in the HTA. Courts have always simply said it must be a copy of the front and back of the document, with the current validation sticker on the back as well.

BY the way, can they charge me with anything which is not defined in ...

Thanks.

Well, in my humble opinion they can say what they want, but without a reference to an explicit definition in a legal document, that means nothing. The definition of 'true copy' in OHTA does not exist, therefore that point should be easy to challenge. The bottom line is, why a heck they require you to carry this document, when they can ...

Thanks.

Could you please tell me which section of the act it is, and also where a definition of 'true copy' is? I would really appreciate it. I have been trying to find it myself but it is not easy.

Could anyone, please, point me to the exact text in the OHTA, which explains how a copy of the ownership document should look like?

Thanks.

Thanks.

Another question, if someone could answer.

If it comes down to negotiations, which offenses do not affect your insurance? What should I aim for to bargain? I obviously do not want the 'Disobey a Sign' offence on my record.

Thanks.

Simon Borys wrote:I don't see how the discrepancies you have mentioned, even if you can get the court to completely accept your version of the events and reject the officer's, will have any bearing on the ticket being dismissed.

Thanks. So what kind of tactics should I take? Any suggestions?

Hi,

I have a court date next month to fight Disobeying the Signs and also failing to produce proper documents (do not have my ticket in front of me - I had a copy of one side of the vehicle registration).

I recently received disclosure documents. Not a lot really. Just a cop description of the events. There are discrepancies from what he ...

Should be the same address, just make sure you specify "Prosecutor's Office." Alternatively... drive to the courthouse and deliver the request yourself. Have two copies, one for them, the other for them to stamp as "received" and return to you. That way you have proof that you served them with the Disclosure Request.

Thanks. You would not have ...

The copy of your registration, unfortunately, has to have a copy the plate portion. (Not sure of the exact section or wording.)

However, I think you'll be offered a deal when you go to trial. They'll likely give you an offer to plead guilty to one offence in exchange for dropping the other... or the officer may not show up. For your disclosure ...

You can do either/or, but I'd usually recommend waiting for the trial date before you submit the request.

Why did the officer not like your copy of the registration? What were you charged with?


The Ticket says "Fail to surrender permit for motor vehicle'.

I showed him a copy of the original document, but he said that it did not have the ...