Ontario Highway Traffic Act

Ok, so the ticket is right if it shows $75 as the set fine, with a total payable of $95?

20 x $3.75 = $75 set fine + $15 VFS + $5 service cost = $95 total payable

If the HTA table was used, it would be:

20 x $4.50 = $90 set fine + $20 VFS + $5 service cost = $115 total payable

I was thinking a London (City) v. Young argument could be used on ...

Hi,

A friend got a ticket Jan. 9th of this year for doing 110 kph in a 90 kph zone, so 20 over.

What should the set fine and total payable read?

It's confusing to me, as the prescribed fine under HTA s.128 is different than the set fine enumerated by the Chief Justice of the Ontario Court of Justice.

Why would these be different? Has the Chief ...

The prosecution does have grounds to bring you back to court for a retrial. The charges have been stayed, and there is no statue of limitations for them to challenge you or revise the stayed decision.

When you file a charter motion to get the charges stayed.. It basically means you want the charge to be paused, and proceed no farther. But the ...

Court was for 9 am … after the prosecutor had talked to everyone that was there, it was near 9:45! I would guess there were 25 people there, and only I asked for a trial (well, there was another, but she soon took a plea). The prosecutor at first offered to swap the FTC for an "unsafe lane change" charge, which would be the same fine approximately ...

I thought that a R. v. White exclusion was only allowable in a criminal offence context?

See Toronto v. Baillie, 2007 ONCJ 244 .

J.P. Quon did a pretty comprehensive overview of the "principle against self-incrimination" caselaw to that point, including R. v. White .

It says that in a regulatory offence context, self-incriminating evidence can ...

Keroba,

I'm still confused.

What I would like to do right now is send a letter to the court office requesting that they "speed up" the trial date. This way I'm proving that I would like this solved ASAP just in case the judge questions my 11(b) request.

The 11(b) forms willl be submitted at least 15 days prior to the trial date which I believe ...

Is this disclosure request form ok?

http://respect.to/wiki/pmwiki.php?n=LegalInfo.RequestForDisclosureForm

As for the 4F template, that's when I submit a request for stay of charges (11(b)), at least two weeks before the trial date, right?

Thanks!
As for the disclosure form, looks fine to me. I would just - in addition to your general request ...

Simon Borys wrote:Not sure but I'm interested to hear what comes of this.

For anyone new to this thread, this is how it played out.

You can search or goto a paralegal to draft your File form 4F, "Notice of Constituional Question" I believe it is. Your choice.

Hi Reflections,

I would like to send a letter to the court office saying that I haven't received the notification yet and requesting if they could "speed up" the process.

Would you have a template?

Thanks again.
You ...

R. v. Reiber, 2007 ONCJ 343 , para 15:

In R v Smith, [2002] OJ No 3270, Halikowski J, sitting as a POA appellate court accepted the necessity of having all of the essential elements of the included offence as part of the original offence. In that decision, the court at paragraph 8 stated:

Mr. Smith also argued that the offence of following too ...

I got this ticket in November of 2009 and requested a trial date.

I haven't receiving any notification yet. It's been almost 10 months.
So today I visited the court office and the lady searched the system.

She says there's a date for the trial, end of December of 2010.
That's going to be 13 months. I didn't sign anything, so officially I think I ...

My experience with a s.135 POA appeal

First, the short strokes for those that like to skim:

1. Got a ticket for Fail to Have Insurance Card
2. Total payable for that should be $65 ($50 set fine + $10 victim fine s/c + $5 costs for servicing of ticket), it was written as $60
3. Seeing this, I deliberately defaulted on the ticket by not ...

If you are charged with FTC, and it's clear from the evidence that really you were just driving carelessly, then there's no way they can convict on FTC, and no way that they can substitute a Careless Driving charge for the FTC (definitely no way after 6 mos from the offence date). If you are charged with Careless Driving, you can be convicted for ...

what if the speed limit is posted at 70km but the ticket said 60km?
would the ticket be wrong?

Yes the ticket is wrong, but you will have to prove it.

how would i prove this with pictures? video?
so who needs to take the pictures? can it be myself?
if i can prove it is wrong do i win the case?

The speed limit being 70 kph, it sounds like it ...

Respectfully disagree........ This mistake does not set out proper offence and the certificate should be quashed rather than amended.

Personally, I would let this ticket go FTR (fail to respond) and file an appeal to get this matter quashed.

Agreed. Any JP looking at this should quash it right away, so no need for an appeal. If the JP does ...