Here's the situation: There's a set of traffic lights just before the bridge and I was in the left-most lane just before getting onto the bridge. At that point, the lane is open to all traffic but once on the bridge it becomes a reserved lane. The traffic was backed up in the middle lane the entire length of the bridge. At the lights the cars in the middle lane could not even get onto the bridge on a green light. So I got onto the bridge put my turn signal on and started looking for an opening but the cars were not even moving and I kept on going. I also had a bus behind me. The only option was to stop in the left-most lane and wait, blocking the entire lane. I kept on going and went all the way to the end of the bridge and stopped at the red light just before getting off the bridge. My turn signal was on the entire time. The police car was parked on the median, facing the oncoming traffic, just before the end of the bridge. The cop got out and asked for my licence. He said I was in a reserved lane. I said I was aware and that I had tried to merge unsuccessfully. He went back into his car and came back 2 minutes later with the ticket. Ticket says: Improper use of high occupancy lane, Highway Traffic Act 154.1(3), $110 all the other information seems to be correct except my apartment number in the address is missing. Do I have any chance of fighting this?
Here's the situation:
There's a set of traffic lights just before the bridge and I was in the left-most lane just before getting onto the bridge. At that point, the lane is open to all traffic but once on the bridge it becomes a reserved lane. The traffic was backed up in the middle lane the entire length of the bridge. At the lights the cars in the middle lane could not even get onto the bridge on a green light. So I got onto the bridge put my turn signal on and started looking for an opening but the cars were not even moving and I kept on going. I also had a bus behind me. The only option was to stop in the left-most lane and wait, blocking the entire lane. I kept on going and went all the way to the end of the bridge and stopped at the red light just before getting off the bridge. My turn signal was on the entire time. The police car was parked on the median, facing the oncoming traffic, just before the end of the bridge. The cop got out and asked for my licence. He said I was in a reserved lane. I said I was aware and that I had tried to merge unsuccessfully. He went back into his car and came back 2 minutes later with the ticket.
Ticket says: Improper use of high occupancy lane, Highway Traffic Act 154.1(3), $110
all the other information seems to be correct except my apartment number in the address is missing.
Just to add to this, I live in Quebec but got the ticket in Ontario. This offence carries 3 demerit points in Ontario. How does that translate onto my Quebec driver's license?
Just to add to this, I live in Quebec but got the ticket in Ontario. This offence carries 3 demerit points in Ontario. How does that translate onto my Quebec driver's license?
Was it a BUS lane or was it a HOV lane? You will have to check how a conviction from Ontario will affect you in Quebec: http://legisquebec.gouv.qc.ca/en/ShowDo ... 20r.%2022/
Was it a BUS lane or was it a HOV lane?
You will have to check how a conviction from Ontario will affect you in Quebec:
It was a HOV lane. The sign says bus, taxi or vehicles with 3 or more occupants. I read that document but there is no mention of Highway Traffic Act 154.1 in the agreement. This is a list of traffic offences carrying demerit points in Quebec and there's nothing on HOV. https://saaq.gouv.qc.ca/en/drivers-lice ... it-points/
It was a HOV lane. The sign says bus, taxi or vehicles with 3 or more occupants.
I read that document but there is no mention of Highway Traffic Act 154.1 in the agreement.
This is a list of traffic offences carrying demerit points in Quebec and there's nothing on HOV.
First, I would like to ask where exactly this took place (i.e. name of the road/highway). In order for the charge to be valid, you need to have been on a King's Highway designated for HOV lanes. Check this: https://www.ontario.ca/laws/regulation/050620#BK10 and see if the road you were traveling on is listed there. (HOV lanes are only designated on certain sections of Highway 404, Highway 403, Queen Elizabeth Way, Highway 417) If you weren't traveling on one of those roads, you weren't traveling in an HOV lane as per section 154.1 of the Highway Traffic Act, and you were not charged with the proper offence.
First, I would like to ask where exactly this took place (i.e. name of the road/highway).
In order for the charge to be valid, you need to have been on a King's Highway designated for HOV lanes.
(HOV lanes are only designated on certain sections of Highway 404, Highway 403, Queen Elizabeth Way, Highway 417)
If you weren't traveling on one of those roads, you weren't traveling in an HOV lane as per section 154.1 of the Highway Traffic Act, and you were not charged with the proper offence.
It took place on the Portage bridge in Ottawa. It's an inter-provincial bridge between Quebec and Ontario and I got pulled over in the southbound lane where the bridge ends and intersects with Wellington Street. Looking at the google map I just noticed that the address on the ticket is incorrect as well. It says "intersection of Wellington St. and Sir John A. MacDonald Parkway". Wellington does not intersect Sir John A. MacDonald Parkway, it becomes it and not even at the point where it intersects the bridge but one block further west of the bridge. Here's a google map link o the exact location: https://www.google.com/maps/@45.4202011,-75.7106253,16z I checked that link and this bridge is not mentioned in it. Also, the HOV sign on the page does not look exactly like the one on this bridge. Below is a google street view of the sign. https://www.google.com/maps/@45.4208427 ... 56!6m1!1e1
Whenaxis wrote:
First, I would like to ask where exactly this took place (i.e. name of the road/highway).
In order for the charge to be valid, you need to have been on a King's Highway designated for HOV lanes.
(HOV lanes are only designated on certain sections of Highway 404, Highway 403, Queen Elizabeth Way, Highway 417)
If you weren't traveling on one of those roads, you weren't traveling in an HOV lane as per section 154.1 of the Highway Traffic Act, and you were not charged with the proper offence.
It took place on the Portage bridge in Ottawa. It's an inter-provincial bridge between Quebec and Ontario and I got pulled over in the southbound lane where the bridge ends and intersects with Wellington Street. Looking at the google map I just noticed that the address on the ticket is incorrect as well. It says "intersection of Wellington St. and Sir John A. MacDonald Parkway". Wellington does not intersect Sir John A. MacDonald Parkway, it becomes it and not even at the point where it intersects the bridge but one block further west of the bridge.
I checked that link and this bridge is not mentioned in it. Also, the HOV sign on the page does not look exactly like the one on this bridge. Below is a google street view of the sign.
You need to read REG 620/05 High Occupancy Vehicle Lanes: https://www.ontario.ca/laws/regulation/050620 HTA S154.1 ONLY applies to small sections of Hwy 403, 404, 417 and QEW with regulatory HOV-lanes. During the Pan-Am Games they made temporary amendments to the law in order to enforce HOV-lanes. I do not understand why LEOs in ON write HTA tickets for HOV lane offences in inner-city roads; they have to write by-law tickets, in the Greater Toronto Area it's $65 set fine + $15 victim surcharge + $5 court fee = $85 total fine This by-law ticket does not affect your insurance or demerit points; it's basically a parking ticket. You should be able to get this ticket dropped with very little explanation at your early-resolution meeting; there is "no reasonable prospect for a conviction" if it goes to trial.
HTA S154.1 ONLY applies to small sections of Hwy 403, 404, 417 and QEW with regulatory HOV-lanes. During the Pan-Am Games they made temporary amendments to the law in order to enforce HOV-lanes.
I do not understand why LEOs in ON write HTA tickets for HOV lane offences in inner-city roads; they have to write by-law tickets, in the Greater Toronto Area it's $65 set fine + $15 victim surcharge + $5 court fee = $85 total fine
This by-law ticket does not affect your insurance or demerit points; it's basically a parking ticket.
You should be able to get this ticket dropped with very little explanation at your early-resolution meeting; there is "no reasonable prospect for a conviction" if it goes to trial.
(HOV lanes are only designated on certain sections of Highway 404, Highway 403, Queen Elizabeth Way, Highway 417)
If you weren't traveling on one of those roads, you weren't traveling in an HOV lane as per section 154.1 of the Highway Traffic Act, and you were not charged with the proper offence.
I have read in another thread that I should request a trial with the officer present, wait 6 months and then call the prosecutor and ask them to drop the case because of the incorrect charge. if I go to early resolution, can they just re-issue the ticket citing a by-law instead of HOV violation?
HTA S154.1 ONLY applies to small sections of Hwy 403, 404, 417 and QEW with regulatory HOV-lanes. During the Pan-Am Games they made temporary amendments to the law in order to enforce HOV-lanes.
I do not understand why LEOs in ON write HTA tickets for HOV lane offences in inner-city roads; they have to write by-law tickets, in the Greater Toronto Area it's $65 set fine + $15 victim surcharge + $5 court fee = $85 total fine
This by-law ticket does not affect your insurance or demerit points; it's basically a parking ticket.
You should be able to get this ticket dropped with very little explanation at your early-resolution meeting; there is "no reasonable prospect for a conviction" if it goes to trial.
I have read in another thread that I should request a trial with the officer present, wait 6 months and then call the prosecutor and ask them to drop the case because of the incorrect charge. if I go to early resolution, can they just re-issue the ticket citing a by-law instead of HOV violation?
Yes they could withdraw and re-issue. Would they bother? Most likely not, but still a chance. Personally I would do what you said and wait until trial date to show up and discuss with prosecutor. Bring a copy of the regulation and a copy of section 154
Yes they could withdraw and re-issue. Would they bother? Most likely not, but still a chance.
Personally I would do what you said and wait until trial date to show up and discuss with prosecutor. Bring a copy of the regulation and a copy of section 154
I agree. You've been charged with the wrong offence; you should have been charged under an Ottawa by-law. 3+ HOV lanes are municipal, not provincial, and carry different restrictions and fines.
I agree. You've been charged with the wrong offence; you should have been charged under an Ottawa by-law. 3+ HOV lanes are municipal, not provincial, and carry different restrictions and fines.
I just want to clarify something: you were charged by Ottawa Police or RCMP? Thing is Portage Bridge is an NCC bridge that falls under the NCCTPR, not the HTA. OPS usually don't bother but RCMP will charge under the NCCTPR. As such you should have been charged under S.4(1) pursuant to the HTA S.154.1. Although all the other posts are correct in that this is not the appropriate section, it can be amended to reflect the proper section because S.4(1) allows a charge under any section of the HTA. It's kind of complicated but to keep it simple, chances are it will be amended before the JP, and they usually agree to that as it is non-prejudicial (I'm from Ottawa so I've seen it before). I know different jurisdictions have different trends, but in Ottawa this is a common thing. More likely it would be amended to S. 182(2) or NCCTPR S.6. Besides, I have heard the argument before that because the Portage bridge is a Federal bridge, it is also considered King's Highway, but I'm not sure that holds much water... Finally, there are no points associated to this offence in Quebec.
I just want to clarify something: you were charged by Ottawa Police or RCMP?
Thing is Portage Bridge is an NCC bridge that falls under the NCCTPR, not the HTA. OPS usually don't bother but RCMP will charge under the NCCTPR.
As such you should have been charged under S.4(1) pursuant to the HTA S.154.1. Although all the other posts are correct in that this is not the appropriate section, it can be amended to reflect the proper section because S.4(1) allows a charge under any section of the HTA.
It's kind of complicated but to keep it simple, chances are it will be amended before the JP, and they usually agree to that as it is non-prejudicial (I'm from Ottawa so I've seen it before). I know different jurisdictions have different trends, but in Ottawa this is a common thing. More likely it would be amended to S. 182(2) or NCCTPR S.6.
Besides, I have heard the argument before that because the Portage bridge is a Federal bridge, it is also considered King's Highway, but I'm not sure that holds much water...
Finally, there are no points associated to this offence in Quebec.
I am not a lawyer or para-legal: I do not offer legal advice nor should my comments be interpreted as such. I believe in respecting the law; don't be offended if I don't agree with you.
Can you provide a linkt to S.4(1) and S. 182(2) I'm looking here but I can't find much in this document: https://www.canlii.org/en/ca/laws/regu/ ... -1044.html I'm pretty sure it was indeed an RCMP officer as I've seen them on that bridge before. Are you saying that the chances of getting it quashed over the incorrect charge are slim? Can they still amend it even after 6 months? I've already mailed the ticket requesting a court date and the officer to be present.
devilsadvocate wrote:
I just want to clarify something: you were charged by Ottawa Police or RCMP?
Thing is Portage Bridge is an NCC bridge that falls under the NCCTPR, not the HTA. OPS usually don't bother but RCMP will charge under the NCCTPR.
As such you should have been charged under S.4(1) pursuant to the HTA S.154.1. Although all the other posts are correct in that this is not the appropriate section, it can be amended to reflect the proper section because S.4(1) allows a charge under any section of the HTA.
It's kind of complicated but to keep it simple, chances are it will be amended before the JP, and they usually agree to that as it is non-prejudicial (I'm from Ottawa so I've seen it before). I know different jurisdictions have different trends, but in Ottawa this is a common thing. More likely it would be amended to S. 182(2) or NCCTPR S.6.
Besides, I have heard the argument before that because the Portage bridge is a Federal bridge, it is also considered King's Highway, but I'm not sure that holds much water...
Finally, there are no points associated to this offence in Quebec.
Can you provide a linkt to S.4(1) and S. 182(2)
I'm looking here but I can't find much in this document:
I'm pretty sure it was indeed an RCMP officer as I've seen them on that bridge before. Are you saying that the chances of getting it quashed over the incorrect charge are slim? Can they still amend it even after 6 months? I've already mailed the ticket requesting a court date and the officer to be present.
The charge probably should have been under s.4(1) of the NCCTPR. That subsection requires a driver to drive "in compliance with the laws of the province and the municipality in which the driveway is situated." That wording requires drivers to comply with the Ottawa by-law that governs the 3+ HOV lane on the bridge. HTA s.154.1 only deals with provincial HOV lanes, all of which are 2+. I'm not a lawyer or paralegal, but I would think that, so long as the trial is at least six months after the offence date, the OP will be free and clear.
The charge probably should have been under s.4(1) of the NCCTPR. That subsection requires a driver to drive "in compliance with the laws of the province and the municipality in which the driveway is situated." That wording requires drivers to comply with the Ottawa by-law that governs the 3+ HOV lane on the bridge. HTA s.154.1 only deals with provincial HOV lanes, all of which are 2+.
I'm not a lawyer or paralegal, but I would think that, so long as the trial is at least six months after the offence date, the OP will be free and clear.
Can you provide a linkt to S.4(1) and S. 182(2) I'm looking here but I can't find much in this document: https://www.canlii.org/en/ca/laws/regu/ ... -1044.html I'm pretty sure it was indeed an RCMP officer as I've seen them on that bridge before. Are you saying that the chances of getting it quashed over the incorrect charge are slim? Can they still amend it even after 6 months? I've already mailed the ticket requesting a court date and the officer to be present.[/quote] I think you will be able to get this quashed for incorrect charge. The court can amend clerical errors on a ticket at trial, such as the mistyping of the section number of the law or the slight misspelling of a name. However, in this case you were charged under the wrong piece of legislation and I don't think that counts as a simple clerical error. It is my understanding that in order to charge you under a different piece of legislation they would have to withdraw the original charge and file a new charge using the correct law, which they can't do after six month have passed from the date of the offence.
Can you provide a linkt to S.4(1) and S. 182(2)
I'm looking here but I can't find much in this document:
I'm pretty sure it was indeed an RCMP officer as I've seen them on that bridge before. Are you saying that the chances of getting it quashed over the incorrect charge are slim? Can they still amend it even after 6 months? I've already mailed the ticket requesting a court date and the officer to be present.[/quote]
I think you will be able to get this quashed for incorrect charge. The court can amend clerical errors on a ticket at trial, such as the mistyping of the section number of the law or the slight misspelling of a name. However, in this case you were charged under the wrong piece of legislation and I don't think that counts as a simple clerical error. It is my understanding that in order to charge you under a different piece of legislation they would have to withdraw the original charge and file a new charge using the correct law, which they can't do after six month have passed from the date of the offence.
I'm a little confused about this 6 month cut off period. In another thread you said that the charge can be amended even if six months have passed and jsherk said that it can happen "even DURING the trial if there is evidence to support the amendment". Does that mean that they can simply amend it at the trial even if my trial date is more than six months from the offence date?
Zatota wrote:
The charge probably should have been under s.4(1) of the NCCTPR. That subsection requires a driver to drive "in compliance with the laws of the province and the municipality in which the driveway is situated." That wording requires drivers to comply with the Ottawa by-law that governs the 3+ HOV lane on the bridge. HTA s.154.1 only deals with provincial HOV lanes, all of which are 2+.
I'm not a lawyer or paralegal, but I would think that, so long as the trial is at least six months after the offence date, the OP will be free and clear.
I'm a little confused about this 6 month cut off period. In another thread you said that the charge can be amended even if six months have passed and jsherk said that it can happen "even DURING the trial if there is evidence to support the amendment". Does that mean that they can simply amend it at the trial even if my trial date is more than six months from the offence date?
You're right. I wasn't fully focused when I wrote that. The prosecutor can amend the charge at any time. What I meant to say was that if you do win, the prosecutor withdraws the charge, etc., you cannot subsequently be charged with the correct offence after six months. If I were in your position, I wouldn't show up for trial. If the JP catches the incorrect section, he will quash the charge. If not, you'll win on appeal.
You're right. I wasn't fully focused when I wrote that. The prosecutor can amend the charge at any time. What I meant to say was that if you do win, the prosecutor withdraws the charge, etc., you cannot subsequently be charged with the correct offence after six months.
If I were in your position, I wouldn't show up for trial. If the JP catches the incorrect section, he will quash the charge. If not, you'll win on appeal.
But if I do show up and it's been six months and the original charge is still there, can they amend it once I ask the JP to quash it due to incorrect charge?
Zatota wrote:
You're right. I wasn't fully focused when I wrote that. The prosecutor can amend the charge at any time. What I meant to say was that if you do win, the prosecutor withdraws the charge, etc., you cannot subsequently be charged with the correct offence after six months.
If I were in your position, I wouldn't show up for trial. If the JP catches the incorrect section, he will quash the charge. If not, you'll win on appeal.
But if I do show up and it's been six months and the original charge is still there, can they amend it once I ask the JP to quash it due to incorrect charge?
I don't think that would work in this case. The cop didn't just put the incorrect section number on the ticket, he charged the OP using a piece of legislation that does not apply to the road the OP was driving on. I would have thought that in this scenario the best thing to do would be to show up to trial and show the JP that this piece of legislation does not apply to the road the OP was driving on at the time of the incident. While I know that they can amend tickets to fix clerical errors at trial, I don't think they can whole sale change the charge on you. To do that I think they would have to withdraw the original charge and issue a new summons, which they can't do after the six month statute of limitations.
Zatota wrote:
You're right. I wasn't fully focused when I wrote that. The prosecutor can amend the charge at any time. What I meant to say was that if you do win, the prosecutor withdraws the charge, etc., you cannot subsequently be charged with the correct offence after six months.
If I were in your position, I wouldn't show up for trial. If the JP catches the incorrect section, he will quash the charge. If not, you'll win on appeal.
I don't think that would work in this case. The cop didn't just put the incorrect section number on the ticket, he charged the OP using a piece of legislation that does not apply to the road the OP was driving on. I would have thought that in this scenario the best thing to do would be to show up to trial and show the JP that this piece of legislation does not apply to the road the OP was driving on at the time of the incident. While I know that they can amend tickets to fix clerical errors at trial, I don't think they can whole sale change the charge on you. To do that I think they would have to withdraw the original charge and issue a new summons, which they can't do after the six month statute of limitations.
You may be right. It's a completely different ballgame if the OP shows up having been charged under a provincial act and sees the charge changed to one under a federal act. Perhaps one of our "resident" experts could chime in.
You may be right. It's a completely different ballgame if the OP shows up having been charged under a provincial act and sees the charge changed to one under a federal act. Perhaps one of our "resident" experts could chime in.
OP: S.182(2) is simply the Disobey Sign charge, same penalty, 2 demerit points. As for the NCCTPR, the official Act is found here. All S.4(1) says is the Regs allow enforcement of any Provincial or Municipal traffic regulation by proxy. I won't say your chances are slim, but from my personal experience I would say you have at best a 50/50. I would say you're better off talking with the prosecutor and ask for NCCTPR S.6. Penalties are lower and there are no points as far as I know. I don't agree. I've seen it time and time again, especially with the NCCTPR, where the charge was amended at trial without issue. The six month limitation is to amend or charge a defendant in the first instance, but in this case the charge was laid within that time obviously. The amendment I am referring to is during the trial, thus as long as it goes to trial it can be done. Mind you the JP may always decline it and it does happen but not often; I'm only speaking from my personal experience though. Furthermore, case law has supported these amendments in the past as long as they are not prejudicial, i.e. if the spirit - and more importantly the jeopardy of the charge remains the similar. Swapping HTA to NCCTPR pursuant to the HTA is essentially the exact same charge, with the exact same penalties. Without getting into the weeds with the NCCTPR and all that, the fact is that it is not incorrect to charge under the HTA directly, because the NCCTPR is a higher Act referring to provincial legislation. In other words it's the exact same charge, but under a federal act instead of a provincial one. I know this sounds whacky to most people but it's one of those very many oddities in Ottawa... Where the OP has a better ground for negotiation is the 154.1 vs. 182(2) or NCCTPR 6. But even this is more or less a good ground because again, the idea is the disrespect of the HOV lane, which idea is the same whether you use 154.1, 6, 182(2) or even a By-Law. The only difference is the type of road, which is accessory to the action itself IMO. Hope this helps!
OP: S.182(2) is simply the Disobey Sign charge, same penalty, 2 demerit points.
As for the NCCTPR, the official Act is found here. All S.4(1) says is the Regs allow enforcement of any Provincial or Municipal traffic regulation by proxy.
I won't say your chances are slim, but from my personal experience I would say you have at best a 50/50. I would say you're better off talking with the prosecutor and ask for NCCTPR S.6. Penalties are lower and there are no points as far as I know.
daggx wrote:
I don't think that would work in this case. The cop didn't just put the incorrect section number on the ticket, he charged the OP using a piece of legislation that does not apply to the road the OP was driving on. I would have thought that in this scenario the best thing to do would be to show up to trial and show the JP that this piece of legislation does not apply to the road the OP was driving on at the time of the incident. While I know that they can amend tickets to fix clerical errors at trial, I don't think they can whole sale change the charge on you. To do that I think they would have to withdraw the original charge and issue a new summons, which they can't do after the six month statute of limitations.
I don't agree. I've seen it time and time again, especially with the NCCTPR, where the charge was amended at trial without issue.
The six month limitation is to amend or charge a defendant in the first instance, but in this case the charge was laid within that time obviously. The amendment I am referring to is during the trial, thus as long as it goes to trial it can be done. Mind you the JP may always decline it and it does happen but not often; I'm only speaking from my personal experience though. Furthermore, case law has supported these amendments in the past as long as they are not prejudicial, i.e. if the spirit - and more importantly the jeopardy of the charge remains the similar. Swapping HTA to NCCTPR pursuant to the HTA is essentially the exact same charge, with the exact same penalties.
Without getting into the weeds with the NCCTPR and all that, the fact is that it is not incorrect to charge under the HTA directly, because the NCCTPR is a higher Act referring to provincial legislation. In other words it's the exact same charge, but under a federal act instead of a provincial one. I know this sounds whacky to most people but it's one of those very many oddities in Ottawa...
Where the OP has a better ground for negotiation is the 154.1 vs. 182(2) or NCCTPR 6. But even this is more or less a good ground because again, the idea is the disrespect of the HOV lane, which idea is the same whether you use 154.1, 6, 182(2) or even a By-Law. The only difference is the type of road, which is accessory to the action itself IMO.
Hope this helps!
I am not a lawyer or para-legal: I do not offer legal advice nor should my comments be interpreted as such. I believe in respecting the law; don't be offended if I don't agree with you.
What is the penalty for NCCTPR 6? From what I can see 182(2) is essentially the same fine carrying 2 instead of 3 demerits but since I live in Quebec I shouldn't get any points.
devilsadvocate wrote:
OP: S.182(2) is simply the Disobey Sign charge, same penalty, 2 demerit points.
Where the OP has a better ground for negotiation is the 154.1 vs. 182(2) or NCCTPR 6. But even this is more or less a good ground because again, the idea is the disrespect of the HOV lane, which idea is the same whether you use 154.1, 6, 182(2) or even a By-Law. The only difference is the type of road, which is accessory to the action itself IMO.
Hope this helps!
What is the penalty for NCCTPR 6?
From what I can see 182(2) is essentially the same fine carrying 2 instead of 3 demerits but since I live in Quebec I shouldn't get any points.
So I got the same thing in January. Link: improper-use-of-high-occupancy-vehicle- ... t8039.html My court date is May 2. I assume I will be going to court before you about this matter, so I can certainly report back with what happened. So far, my understanding is to request them to drop the ticket once I meet with the prosecutor because of the wrong charge and show them that 154.1 (3) only applies to HOV lanes and not the Portage Bridge lane.
My court date is May 2. I assume I will be going to court before you about this matter, so I can certainly report back with what happened. So far, my understanding is to request them to drop the ticket once I meet with the prosecutor because of the wrong charge and show them that 154.1 (3) only applies to HOV lanes and not the Portage Bridge lane.
So I ended up missing the court date. I was expecting to receive a notice of conviction in the mail but when nothing arrived after a few weeks I called city to check the status of the ticket. They said "no funds owing" and instructed me to call the court and inquire. I called the court and the agent said that the ticket was withdrawn. Not sure why exactly, I guess I got lucky. If the officer didn't show up either would I still have gotten convicted in absence?
So I ended up missing the court date. I was expecting to receive a notice of conviction in the mail but when nothing arrived after a few weeks I called city to check the status of the ticket. They said "no funds owing" and instructed me to call the court and inquire. I called the court and the agent said that the ticket was withdrawn. Not sure why exactly, I guess I got lucky. If the officer didn't show up either would I still have gotten convicted in absence?
No, if you've set a trail date then the trial has to go ahead even if you are not there to give evidence on your behalf. The officer would take the stand and give evidence of the charge and you'd be convicted (except in one legendary case when the officer messed up the testimony and lost an unopposed trial !!). So, no, the charge was withdrawn prior to trial, likely because the crown saw something that was wrong.
No, if you've set a trail date then the trial has to go ahead even if you are not there to give evidence on your behalf. The officer would take the stand and give evidence of the charge and you'd be convicted (except in one legendary case when the officer messed up the testimony and lost an unopposed trial !!). So, no, the charge was withdrawn prior to trial, likely because the crown saw something that was wrong.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
If the defendant does not show up at trial, under the POA, a section 9.1 is conducted and without a hearing or the officer being on the stand a conviction is registered if the certificate of offence is regular on its face. The offcer is not required to be there for this process.
If the defendant does not show up at trial, under the POA, a section 9.1 is conducted and without a hearing or the officer being on the stand a conviction is registered if the certificate of offence is regular on its face.
The offcer is not required to be there for this process.
Not where I worked. Ex parte trials definitely occurred - very infrequently. Maybe it was only for summonses as opposed to trials as a result of a normal ticket........or else our courtroom worked differently ? You are, of course, correct about the Section 9.1 though so I'm not sure what was going on.
Decatur wrote:
If the defendant does not show up at trial, under the POA, a section 9.1 is conducted and without a hearing or the officer being on the stand a conviction is registered if the certificate of offence is regular on its face.
The offcer is not required to be there for this process.
Not where I worked. Ex parte trials definitely occurred - very infrequently. Maybe it was only for summonses as opposed to trials as a result of a normal ticket........or else our courtroom worked differently ? You are, of course, correct about the Section 9.1 though so I'm not sure what was going on.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Congratulations! While it would have been interesting to see this one play out in court I'm still glad that you managed to come out of this on the winning side.
Congratulations! While it would have been interesting to see this one play out in court I'm still glad that you managed to come out of this on the winning side.
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
