OHTA.ca

Hi, everybody.

I've got a ticket "proceed contrary to sign" HTA 144(9).

After JP disclosed the police officer note I found out that instead of white Mitsubishi the officer wrote white Toyota. I told the JP that this is a tech error and I will fight the ticket.

He advised me that this offence is related to a driver ( not the car). Since my name, driver licence, address, etc. written correctly it doesn't the matter that the car make is wrong.

Is his claim correct?

How can I fight it? I waited for the first trial for 12 months. Since the documents were not disclosed to me prior to the trail , the trial was adjurned and will be in 6 months.

Thanks a lot for your help.

If the rest of the officer's notes/information is correct, I'd agree that the wrong car model would be insufficient to raise reasonable doubt. And FYI, I'm thinking it was the Crown prosecutor you were talking to, not the Justice of the Peace. The prosecutor is the one who provides disclosure.

If it does take 18 months to reach trial, you'd have a very good 11b argument (too long to reach trial). Search the forum for guides on how to proceed with an 11b argument.

Agree with Stanton. Wrong make of the vehicle is not a fatal error and it will not help you in this case.

I also agree that 18 months is ideal for an 11B. You should pursue that angle.

Thanks a lot, folks. Appreciate your answers. I'll learn how to proceed with 11b

Take a look at the "Courts and Procedures" section of this website, and look up the thread "How to file an 11B" for free step-by-step instructions...