Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 5 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Is wrong car make on the ticket qualifies as a tech error?
Author Message
PostPosted: Tue Jun 07, 2011 11:21 pm 
Offline
Newbie

Joined: Tue Jun 07, 2011 10:58 pm
Posts: 2
Hi, everybody.
I've got a ticket "proceed contrary to sign" HTA 144(9).
After JP disclosed the police officer note I found out that instead of white Mitsubishi the officer wrote white Toyota. I told the JP that this is a tech error and I will fight the ticket.
He advised me that this offence is related to a driver ( not the car). Since my name, driver licence, address, etc. written correctly it doesn't the matter that the car make is wrong.
Is his claim correct?

How can I fight it? I waited for the first trial for 12 months. Since the documents were not disclosed to me prior to the trail , the trial was adjurned and will be in 6 months.

Thanks a lot for your help.


Top
 Profile  
 
Re: Is wrong car make on the ticket qualifies as a tech erro
PostPosted: Wed Jun 08, 2011 10:47 am 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
If the rest of the officer's notes/information is correct, I'd agree that the wrong car model would be insufficient to raise reasonable doubt. And FYI, I'm thinking it was the Crown prosecutor you were talking to, not the Justice of the Peace. The prosecutor is the one who provides disclosure.

If it does take 18 months to reach trial, you'd have a very good 11b argument (too long to reach trial). Search the forum for guides on how to proceed with an 11b argument.


Top
 Profile  
 
Re: Is wrong car make on the ticket qualifies as a tech erro
PostPosted: Wed Jun 08, 2011 1:59 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Agree with Stanton. Wrong make of the vehicle is not a fatal error and it will not help you in this case.

I also agree that 18 months is ideal for an 11B. You should pursue that angle.

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
Re: Is wrong car make on the ticket qualifies as a tech erro
PostPosted: Sun Jun 19, 2011 8:37 am 
Offline
Newbie

Joined: Tue Jun 07, 2011 10:58 pm
Posts: 2
Thanks a lot, folks. Appreciate your answers. I'll learn how to proceed with 11b


Top
 Profile  
 
Re: Is wrong car make on the ticket qualifies as a tech erro
PostPosted: Sun Jun 19, 2011 3:12 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Take a look at the "Courts and Procedures" section of this website, and look up the thread "How to file an 11B" for free step-by-step instructions...

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 5 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Wrong make of car on ticket

crisps

4

2486

Wed Oct 12, 2011 11:52 pm

crisps View the latest post

There are no new unread posts for this topic. What qualifies as a 'fatal' error on a ticket?

nutra

1

1644

Tue Mar 17, 2009 10:56 am

Squishy View the latest post

There are no new unread posts for this topic. Second car to make a left turn - means a big ticket

bswag

3

1316

Fri Sep 03, 2010 10:15 am

Simon Borys View the latest post

There are no new unread posts for this topic. fatal error for wrong location on ticket?

willcamp

3

1622

Fri Oct 31, 2008 9:03 pm

Reflections View the latest post

There are no new unread posts for this topic. Fatal error - wrong travel direction noted on ticket

Hemway

1

762

Wed Feb 06, 2013 5:13 am

tdottopcop View the latest post

There are no new unread posts for this topic. Name Wrong & Possible Other Error

gpolitop

4

1428

Wed Jun 15, 2011 2:39 pm

Robar1717 View the latest post

There are no new unread posts for this topic. FATAL ERROR - WRONG INFRACTION LOCATION

unitedredz82

1

802

Sun Feb 26, 2012 5:27 pm

hwybear View the latest post

There are no new unread posts for this topic. Attachment(s) Wrong Date - Force Fatal Error

kkmonkey

7

238

Thu Feb 02, 2017 9:34 pm

jsherk View the latest post

There are no new unread posts for this topic. Wrong name, wrong address, wrong gender, no DL# on ticket

kegman1

8

525

Sat Jan 07, 2017 9:47 pm

ynotp View the latest post

There are no new unread posts for this topic. 53 Over Down To 49 - Wrong Car!

Robar1717

1

540

Sat Jul 09, 2011 2:04 pm

viper1 View the latest post

There are no new unread posts for this topic. OPP Ticketed Wrong Car

SmokeScreen

3

753

Mon Dec 07, 2009 7:29 pm

hwybear View the latest post

There are no new unread posts for this topic. Wrong Address on Ticket - Resolution/Conviction wrong addres

Fatrick

4

599

Tue Jan 19, 2016 1:30 pm

jsherk View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.