Search found 9 matches

by tdtd
Mon Jul 26, 2010 11:14 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 136 (1)(a) - disobey stop; 'by-law defense', 60m
Replies: 0
Views: 2575

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/viewtopic.php?p=15702 There is a thread here "Do all signs req...
by tdtd
Tue Jul 20, 2010 6:32 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign/fail to stop - How to use fatal error?
Replies: 12
Views: 4007

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. ;-) The prosecutor did not provide the by-law ...
by tdtd
Tue Jul 20, 2010 1:08 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign/fail to stop - How to use fatal error?
Replies: 12
Views: 4007

Re: Fatal error - filing date past 7 days - move to quash?

Hi tdtd : Hi Biron, thanks for your thoughtful response! 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 negligent prosecutor. I wouldn't be surprised. The officer issued a Notice of ...
by tdtd
Mon Jul 19, 2010 5:39 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign/fail to stop - How to use fatal error?
Replies: 12
Views: 4007

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 date). I take that as the 'date filed with the co...
by tdtd
Mon Jul 19, 2010 3:20 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign/fail to stop - How to use fatal error?
Replies: 12
Views: 4007

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 I've contacted the court or been told over the...
by tdtd
Mon Jul 19, 2010 3:04 pm
Forum: Courts and Procedure
Topic: List of errors that are fatal in a POA ss. 9/9.1 setting
Replies: 5
Views: 3465

Re: List of errors that are fatal in a POA ss. 9/9.1 setting

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/en/on/laws/regu/rro-1990-reg-200/latest/rro-1990-reg-200.html 11....
by tdtd
Mon Jul 19, 2010 2:58 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign/fail to stop - How to use fatal error?
Replies: 12
Views: 4007

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.ontariohighwaytrafficact.com/post15622.html) I would ass...
by tdtd
Mon Jul 19, 2010 9:46 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign/fail to stop - How to use fatal error?
Replies: 12
Views: 4007

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 perhaps there was human error. I'm assuming this type o...
by tdtd
Fri Jul 16, 2010 2:00 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop sign/fail to stop - How to use fatal error?
Replies: 12
Views: 4007

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). So is that stamp like a 'get out of jail free'...

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