Ticket while merging onto Highway

aminhamza95
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Ticket while merging onto Highway

Unread post by aminhamza95 »

Hey guys, I was merging onto the 409E from Dixon Road this morning and the entire right lane was full of trucks. I tried to merge in but could not do so safely, I then noticed a car coming in behind me quite fast and decided that the best course of action would be to go onto the shoulder so as to avoid getting rear ended. I ended up crossing the bullnose at 409 and Martin Grove and lo and behold the OPP was waiting for me. I also have dashcam footage of my (unsuccessful) attempt to merge.

Now I know I was in the wrong as I should have attempted to merge earlier, but I'm not from the area so I didn't realize it would be that difficult to merge in.

I was charged with 'Fail to Drive in Marked Lane' contrary to HTA S. 154.1(a). From my research, it should have been 154(1)(a) as 154.1 is in regards to the HOV lane. The set fine is $85 with a total payable of $110. The officer told me that there are no points (audio recorded by dashcam) but it seems that there are, in fact, 3 points with this ticket.

Just like everyone else, I don't want this on my record. What's the best course of action that I should take to have ticket dismissed, or at least reduced significantly?

Thanks in advance.


Zatota
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Re: Ticket while merging onto Highway

Unread post by Zatota »

You're absolutely right. There isn't even a clause 154.1 (a). There's a 154.1 (1) (a), but no 154.1 (a). You should have been charged under s. 154.

I would ignore the ticket. A JP will look at the certificate of offence to see if it is "complete and regular on its face." He or she should notice that the incorrect section has been shown and should throw it out. If he or she does not notice the error and enters a conviction, you can successfully appeal.


aminhamza95
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Re: Ticket while merging onto Highway

Unread post by aminhamza95 »

Zatota wrote:I would ignore the ticket. A JP will look at the certificate of offence to see if it is "complete and regular on its face." He or she should notice that the incorrect section has been shown and should throw it out. If he or she does not notice the error and enters a conviction, you can successfully appeal.
I've read on here that an incorrect section listed would not be considered a fatal error resulting in a dismissed ticket, can anyone shed further light on this?

Also, if I were to ignore the ticket and the JP were to dismiss it, how would I know whether or not the ticket has been dismissed?


ShrekTek
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Re: Ticket while merging onto Highway

Unread post by ShrekTek »

It is a Fatal Error if the section is unknown AND you do not show up for trial. If you show up for trial, then they may be able to amend/fix it.

If it was me, I would NOT respond to the ticket and keep the original in a safe place (scan it as well so you have copy just in case).

There are two possible outcomes if you ignore the ticket
(1) The JP will review the ticket and see that the section number is incorrect and will quash it and it will go away. If this happens, then congratulations you win!
(2) The JP will review the ticket and not notice the section is incorrect and will find you guilty.

If (2) happens, then you will need to do the following:
- Pay the ticket and then file for an Appeal within 30 days (make sure you ask for APPEAL and not Re-Opening).
- Your reason for appeal would be that the JP made and error at law as the section number is unknown and does not exist and therefore the charge should have been quashed.
- Once you get your appeal trial date, you show up with your original ticket and tell the judge the reason above and show him the original ticket you were given and say "the section number does not even exist so I could I have fought it"?
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


aminhamza95
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Re: Ticket while merging onto Highway

Unread post by aminhamza95 »

ShrekTek wrote: There are two possible outcomes if you ignore the ticket
(1) The JP will review the ticket and see that the section number is incorrect and will quash it and it will go away. If this happens, then congratulations you win!
Sorry for repeating questions as I'm still sort of confused (new to these things), but how would I know that the ticket was quashed? Is there a way I can follow up on my ticket to see if the JP has reviewed it and if it's been quashed or not?


ShrekTek
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Re: Ticket while merging onto Highway

Unread post by ShrekTek »

You wait about a month and then you call the Provincial Offences office and ask them the status of the ticket. If you are convicted you will most likely receive a notice in the mail anyways, but call if you are not sure.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


aminhamza95
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Re: Ticket while merging onto Highway

Unread post by aminhamza95 »

Is it possible that my license would be suspended if I was to ignore? I drive approx. 200km daily for work and can't afford to have my license suspended. Also, wouldn't the suspension go on my record?


ShrekTek
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Re: Ticket while merging onto Highway

Unread post by ShrekTek »

So assuming the JP does not see the error and convicts you, and assuming you also already have a bunch demerits against your license, then yes it is possible that your license could be suspended.

3 demerit points on its own will not lead to a suspension.

Simply ignoring the ticket will NOT lead to a suspension either. If you ignore it, then it just automatically goes before a JP and you are deemed not to dispute the charge and the JP reviews the ticket and either enters a conviction for the charge or quashes it because of an error.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


iFly55
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Re: Ticket while merging onto Highway

Unread post by iFly55 »

You also have another option, choose trial so that you know the exact date the JP will make their decision. You can follow up with the courts shortly after your scheduled trial date.


aminhamza95
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Re: Ticket while merging onto Highway

Unread post by aminhamza95 »

Okay, so with 3 days left to make my decision. It seems that my options are to either:
1) Ignore the ticket and hope that the JP quashes it. If not, file an appeal.
2) Get a court date so that I know when the JP will make a decision.

Which is the better option in your opinion? What're the chances the Officer fixed the error on his copy of the conviction? If he did, would I still be able to make a case?

For insurance purposes, does the ticket remain for 3 years from the date of conviction or the date of offence? Thanks!


QBall
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Re: Ticket while merging onto Highway

Unread post by QBall »

aminhamza95 wrote:For insurance purposes, does the ticket remain for 3 years from the date of conviction or the date of offence? Thanks!
Date of conviction, because that's the date the MTO uses on the Motor Vehicle Record.


ShrekTek
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Re: Ticket while merging onto Highway

Unread post by ShrekTek »

My opinion is that you should just ignore it. If you choose a trial date, then it may be months and months before that trial date occurs. If you ignore it, it will be dealt with within a few weeks. Just keep calling the Provincial Offences office every two to three weeks and ask about the status and you will know what happened much sooner than if you request a trial date.

If the officer fixed their copy it does not matter, as you can still appeal because your copy (the one you were given) is incorrect.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


aminhamza95
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Re: Ticket while merging onto Highway

Unread post by aminhamza95 »

Alright guys, so I've been following up with the courthouse for the past few weeks and the status on my ticket changed today, both online and over the phone.

Online, it says "Event FA - An option was not selected within the required time." So I called in and the person on the other end said that I didn't choose an option in time, and so it's going to be entered as a conviction (probably by Monday). I asked whether a judge had already taken a look at the ticket and he said he didn't know.

Does anyone have any information on this? Would the judge already have looked at this? Thanks!


EphOph
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Re: Ticket while merging onto Highway

Unread post by EphOph »

That sounds to me like a JP has not yet seen it and now that you have passed the time limit for responding it will now be scheduled for a JP to determine if it is correct and regular on its face. The clerk told you it will be entered as a conviction because in general most tickets are written properly. Definitely keep calling them to find out.


aminhamza95
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Re: Ticket while merging onto Highway

Unread post by aminhamza95 »

I think it's time to get the ball rolling on this now. I just checked the status of my ticket and now have the following:

SIA: Found guilty, Convicted and Sentence Imposed in Absence of Defendant
FiN: Court Fine Ordered

My payable has now increased from $110 to $115.

My guess is that the JP has reviewed the ticket and did not notice the error. Either that, or the Officer changed his copy of the ticket prior to submitting. I do still have my copy with the error on it though.

What should be my next steps? This would be my first time fighting/appealing a ticket. How would I go about fighting this?

Edit: Posted a picture of my ticket if that helps in any way. Thanks!




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My ticket
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