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HTA 136 (1)(a) - disobey stop; 'by-law defense', 60m
My experience in court re: "by-law defense". For reference, I'd posted some details about my ticket in the following threads: -http://www.ontariohighwaytrafficact.com/topic2439.html -http://www.ontariohighwaytrafficact.com ... hp?p=1570… - 0 Replies
- 2859 Views
- Last post Mon Jul 26, 2010 11:14 am View the latest post
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Fatal error - filing date past 7 days - move to quash?
So I picked up my disclosure packet, and it contained the Certificate of Offense (in contrast to the Offense Notice which I was discussing originally). The "filed" date on that document is the day after the offense date. So SOL in that regard.… - 12 Replies
- 5256 Views
- Last post Tue Jul 20, 2010 6:32 pm View the latest post
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Re: Fatal error - filing date past 7 days - move to quash?
Biron wrote:Hi tdtd: Hi Biron, thanks for your thoughtful response! Biron wrote: THIS IS NOT LEGAL ADVICE, IT IS JUST AN OPINION Acknowledged. Yours is certainly an interesting case. It seems that you are dealing with a sloppy cop and some neglige… - 12 Replies
- 5256 Views
- Last post Tue Jul 20, 2010 1:08 pm View the latest post
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Disobey stop sign/fail to stop - How to use fatal error?
Hi Simon. Not sure I agree with your summary of my statement (although I guess I was stating several things, and not too clearly!). My PON is stamed on the back "FILED Jul 10 2009 Halton Court Services" (which was 3+ weeks after the offense da… - 12 Replies
- 5256 Views
- Last post Mon Jul 19, 2010 5:39 pm View the latest post
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Adjournment - new trial date - Notice of Trial not rec'd
Prosecutor moved to adjourn due to officer being on holidays on original trial date. Notice of Adjournment states "it is your responsibility to contact the court to determine the new date". This seems somewhat lax, there is no audit trail that… - 12 Replies
- 5256 Views
- Last post Mon Jul 19, 2010 3:20 pm View the latest post
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Re: List of errors that are fatal in a POA ss. 9/9.1 setting
hwybear wrote: when the PON's are turned in they are "stamped" with the received date. Any idea why a filing date would be past the 7 days (I.e. shouldn't the court refuse to accept the PON for filing)? According to: http://www.canlii.org/… - 5 Replies
- 4397 Views
- Last post Mon Jul 19, 2010 3:04 pm View the latest post
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Re: Disobey stop sign/fail to stop - How to use fatal error?
Hi Simon, thanks for your thoughts. I had more details on a post in the Courts & Procedures section, but I see that is a subsection of the Law Enforcement area, so maybe it is in the wrong place. (this is the post for reference: http://www.ontarioh… - 12 Replies
- 5256 Views
- Last post Mon Jul 19, 2010 2:58 pm View the latest post
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Disobey stop sign/fail to stop - How to use fatal error?
Hi all. Great site! I have a disobey stop sign/fail to stop (HTA 136(1)(a)). Filing date stamped on the back is 3+ weeks past the date of the Offense Notice. From what I understand, this shouldn't have even been accepted by the court clerk, but perh… - 12 Replies
- 5256 Views
- Last post Mon Jul 19, 2010 9:46 am View the latest post
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Fatal error - filing date past 7 days - move to quash?
Great site (also ticketcombat is helpful)! I have a disobey stop sign/fail to stop (HTA 136(1)(a)) PON. Stamped on the back is "FILED Jul 10 2009 Halton Court Services" That date is nearly a month after the (alleged) offense date (2009-06-14)… - 12 Replies
- 5256 Views
- Last post Fri Jul 16, 2010 2:00 am View the latest post
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