Search found 8 matches

by wsopjim
Sun Apr 29, 2012 12:13 am
Forum: Failing to remain at the scene of a collision
Topic: Pedestrian walks into stopped car, later reports hit and run
Replies: 2
Views: 3612

Re: Pedestrian walks into stopped car, later reports hit and

Two words: LAWYER UP!

Yes it may cost now... but it will save in the long run....
Ridiculous situation, but lawyering up is what needs to be done.
by wsopjim
Sat Apr 28, 2012 2:26 pm
Forum: Failing to obey signs
Topic: HTA 144(9) King & Atlantic
Replies: 9
Views: 3296

Re: HTA 144(9) King & Atlantic

http://s245.photobucket.com/albums/gg64/ZeeJimmy/?action=view&current=ticket002.jpg I tried to upload a scan of the ticket. This is also from R v Montone. [10] The Appellant submits further that: (a) there is no statute on the certificate of offence under which he was charged. In the area where the name of the statute should have been inserted, the words ‘Red light fail to stop are inserted; (b) that the absence on the offence notice served upon him of any statute under which he was charged and the absence of any amount payable could have caused him to believe that what he rec...
by wsopjim
Sat Apr 28, 2012 1:20 pm
Forum: Failing to obey signs
Topic: HTA 144(9) King & Atlantic
Replies: 9
Views: 3296

Re: HTA 144(9) King & Atlantic

Sorry, my response is a little late I guess, but Id disagree that you have fatal error. I was under the impression that Courts were okay with the section number being missing as long as the offence itself is clearly spelled out. The case you reference (R v Hargan) states this. Your ticket appears to have the correct short form wording for the charge, so I dont believe the missing section number is sufficient. In R vs Montone http://www.canlii.org/eliisa/highlight.do?text=fatal+error+hta&language=en&searchTitle=Ontario&path=/en/on/oncj/doc/2007/2007oncj251/2007oncj251.html (40)In t...
by wsopjim
Sat Apr 28, 2012 11:01 am
Forum: Failing to obey signs
Topic: HTA 144(9) King & Atlantic
Replies: 9
Views: 3296

Re: HTA 144(9) King & Atlantic

OK looks like I will have to file an appeal. I called the court today and the guy on the phone said my ticket was marked "FIA" (fined in absentia). This seems like it will be pretty straight-forward once I get the right paperwork in order. The problem I think I'm going to have is.... getting the paperwork in order. 1. Must I wait until I receive something in the mail? Or can I go to the courts and appeal right away? 2. I must pay the fine first. This is correct? 3. Do I need to get a transcript? I wasn't there, so I assume no? 4. When I file the appeal, do I need to include any speci...
by wsopjim
Wed Apr 25, 2012 5:39 pm
Forum: Failing to obey signs
Topic: HTA 144(9) King & Atlantic
Replies: 9
Views: 3296

Re: HTA 144(9) King & Atlantic

Ok. Looks like I will not attend the trial.
Hope this works.

Fingers crossed on the JP catching the error.
Otherwise I will file the appeal.

I will use this thread as a trip report, and let you all know the results, and what happens if it makes it to the appeal stage.
Gathering cases for appeal now
by wsopjim
Tue Apr 24, 2012 8:35 pm
Forum: Failing to obey signs
Topic: HTA 144(9) King & Atlantic
Replies: 9
Views: 3296

Re: HTA 144(9) King & Atlantic

I think I found my own answer http://www.ontariohighwaytrafficact.com/topic1615.html
In the "did commit the offence of:" it is written "Proceed contrary to sign at intersection"

So I should say the offence I am charged with is "Not known to law" and reference "R. v. Hargan, 2009"
by wsopjim
Tue Apr 24, 2012 7:31 pm
Forum: Improper right turn
Topic: Right on red at 5 point intersection
Replies: 5
Views: 2863

Re: Right on red at 5 point intersection

I can't say for certain what the letter of the law is, but I'll throw out my opinion.
It appears that you have to go straight through the intersection a little bit before turning right.
So I think your wife is right and you can not make a right on red there.
by wsopjim
Tue Apr 24, 2012 6:42 pm
Forum: Failing to obey signs
Topic: HTA 144(9) King & Atlantic
Replies: 9
Views: 3296

HTA 144(9) King & Atlantic

I sure wish I had found this forum earlier... I go to court Thursday. Here are the issues of the ticket. Travelling west on King Street, made the left at approx 5pm on to Atlantic. (no left turn betw. 4-6pm) Didn't see the sign... (Yes you've all heard it before, but it's true). On the ticket, in the Did commit the offence of: section, the officer wrote proceed contrary to sign at intersection. She did not write the HTA offence # 1. Is this enough to be deemed a fatal error? 2. Is it true I should object to the ticket as I am being called up? 3. If they amend the ticket at the trial, should I ...

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