Hi, here's the scenario. My son (17 with a G2) was following his Mom home. She made a right turn at a busy intersection. Not wanting to get lost, he slowed down, checked that it was safe to go and made the turn on a red. Pollice officer on opposite corner pulls him over and gives him the ticket for RED LIGHT - FAIL TO STOP HTA 144 (18). Set fine $150.00, total payable $180.00. I understand this is the wrong fine as of Jan 1/10. He's pleaded not guilty and asked for disclosure ot the ticket and a trial date. What's our next step, and do you think we have chance to beat it? Thanks, Droner
Hi, here's the scenario. My son (17 with a G2) was following his Mom home. She made a right turn at a busy intersection. Not wanting to get lost, he slowed down, checked that it was safe to go and made the turn on a red.
Pollice officer on opposite corner pulls him over and gives him the ticket for
RED LIGHT - FAIL TO STOP HTA 144 (18). Set fine $150.00, total payable $180.00. I understand this is the wrong fine as of Jan 1/10.
He's pleaded not guilty and asked for disclosure ot the ticket and a trial date.
What's our next step, and do you think we have chance to beat it?
You may be interested in this thread here: http://www.ontariohighwaytrafficact.com/topic1851.html Pay particular attention to the comments regarding another member, Off_Camber, who also had a ticket with an incorrect fine. Another member, Keroba, also won a case recently where he was given a ticket with an incorrect fine for "failure to surrender insurance card." http://www.ontariohighwaytrafficact.com/topic2521.html It seems like half the time, a Justice of the Peace will simply quash the ticket if you fail to respond, or fail to appear for trial. The other half of the time, they don't notice the fine is incorrect, and sign it off. OOPS. Then you'd have to appeal, as you can see... How you proceed is up to you. The best chance of winning this is to start by simply not responding. That's what the Ontario Court of Appeal has directed everyone to do if they get a ticket with an incorrect set fine, which applies in your son's case.
Pay particular attention to the comments regarding another member, Off_Camber, who also had a ticket with an incorrect fine. Another member, Keroba, also won a case recently where he was given a ticket with an incorrect fine for "failure to surrender insurance card."
It seems like half the time, a Justice of the Peace will simply quash the ticket if you fail to respond, or fail to appear for trial. The other half of the time, they don't notice the fine is incorrect, and sign it off. OOPS. Then you'd have to appeal, as you can see...
How you proceed is up to you. The best chance of winning this is to start by simply not responding. That's what the Ontario Court of Appeal has directed everyone to do if they get a ticket with an incorrect set fine, which applies in your son's case.
* 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
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly…
I'm hoping somebody can point me in the right direction to track down various radar gun error codes.
Way back in March of this year I was stopped for speeding, 86kmh in a 60 Community Safety Zone, on Mayfield Rd., on the outskirts of Brampton. (Aloa school)
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a…
Hey guys I was hoping for some advice on my first ever ticket.
I just moved to the Aurora area and made a prohibited left turn between the prohibited hours. This is my very first ticket so I am unsure as to how to precede. I have already requested and received my court date and I assume the next…
i am 25 with a G2 Drivers license. had a lot to drink saturday night. woke up the next morning and drove home around 1pm sunday. got pulled over for speeding, police officer smelled booze had me blow a breathalyzer. i blew 0.035 . he aloud my passenger to drive my truck home. he gave…
Hi, last summer I was pulled over when I made a left turn from he middle lane at Harbor and Yonge Street (heading east on the Gardiner and taking the Yonge exit). I swear they nabbed about 10 people in 5 minutes. Anyways, I decided to challenge in court, my court date is in April and I have just…
In Kanda, the court established that this offence is a strict liability charge. In other words, you can offer a defence of due diligence. In Kanda the defendant explained the…
Last July I got pulled over for failure to obey stop sign at a T-intersection in my neighbourhood. After I got my trial date I requested disclosure in November. Sent in another request for disclosure in early January and in mid-January got a call to pick it up at the court office. The disclosure…
