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Fight Your Tickets: a Comprehensive Guide to Traffic Tickets” Has Been Freely Distributed and Contains the Key Sections of the fightyourtickets.Ca Website About This Free Version This copy of “Fight Your Tickets: A Comprehensive Guide to Traffic Tickets” has been freely distributed and contains the key sections of the fightyourtickets.ca website. The complete eBook version has nine additional chapters that will help you win your traffic ticket, even without fighting it! The new chapters are: • I Just Want to Pay the Fine • Importance of Caselaw and Jurisprudence • Absolute and Strict Liability Offences • Defence of Necessity • Mandatory Time Limits for Laying Charges • Challenge a Speeding Ticket and Win • Laser Radar • How to Win a Ticket Without Fighting It • Pleadings and Motions Before the Court Thanks to our sponsors you can now get the complete eBook for FREE at: The complete and most current version of the eBook is also available for $19.99, from Smashwords.com, in the iBookstore for iPad, iPhone or iPod and as a PDF from the only website you’ll need to fight your traffic tickets! A paperback that contains the complete contents of the eBook is only $24.99 and can be purchased online at Amazon.com, Lulu.com or Federal Publications and in the Toronto area at select bookstores. Preview at Google Books. Praise for FightYourTickets.ca “After browsing through endless websites, I must say that your website has great step-by-step information to fight your own tickets. Thank you for all the work that you have put into this informational site!” – Julia N. “Your site is fantastic. I’m a student-at-law and I’m used to reading legal websites and your site is far and away one of the best I’ve seen.” – Ari S. “I am praising this site because I followed all the steps and was successful . in having the charges stayed by using your Guide . I asked a lawyer how much he would charge me and he told me it would cost $2,100 – I saved a bundle on my charges and on my future insurance rates.” – Roy “Your advice & other information on your site have given me the confidence to fight my speeding ticket.” – Davis “I’m so pissed off about the insurance lobby and the park- ing ticket racket. Thank you for all this information. Great site.” – Shane T. “Thank you for this very comprehensive website. I have been looking all over the Internet and this is by far the single most useful website in regards to this topic. Well done and keep it up!!” – Al Unless indicated otherwise, all information within this book is Copyright ©2009 Erick Jeffery and Max Smith. All Rights Reserved. Without limiting the rights under copyright reserved above, no part of this material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without the prior written permission of the copyright owners. Cover image ©iStockphoto.com/khz Canada’s Court System Image: BY: commons.wikimedia.org/wiki/File:Canada_Court_System.svg This book typeset using LATEX 2" This ebook is licensed for your personal enjoyment only. It may not be re-sold or given away to other people. To share this book with another person, please purchase an additional copy for each person you share it with. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then you should return to Fight Your Tickets and purchase your own copy. Thank you for respecting the hard work of the authors. Published by Goodworks Press Please report any errors or omissions by using our Contact Form. Library and Archives Canada Cataloguing in Publication Jeffery, Erick, 1960- Fight your tickets [electronic resource] : a comprehensive guide to traffic tickets / Erick Jeffery & Max Smith. Includes bibliographical references. Type of computer file: Electronic monograph in PDF format. Issued also in print format. ISBN 978-0-9865446-0-6 1. Traffic violations–Ontario–Popular works. 2. Traffic courts–Ontario– Popular works. 3. Traffic violations–Canada– Popular works. 4. Traf- fic courts–Canada–Popular works. I. Smith, Max, 1968- II. Title. KEO535.J44 2010a 345’.7130247 C2010-902135-5 KF2231.Z9J44 2010a Disclaimer The content of this book does not constitute legal advice or legal opinion. Any risk assumed is that of the reader and/or those who utilize the information contained herein. If the reader feels unsure or at risk, it is best to seek the advice and/or representation of a par- alegal or lawyer with the proper credentials, references and appro- priate experience in these matters. The authors of this book bear no responsibility for any/all fines, convictions, or any loss or damages whatsoever. You also agree that you shall not use any information contained in this book in any claims, proceedings, suits or actions against fightyourtickets.ca, its owners, its operators, or affiliates. Preface The purpose of this book is to empower individuals, without any le- gal training, to successfully challenge speeding or parking tickets they may have received. This book is designed to empower you to FightYourTickets and to win as often as you take up the challenge. All the information you need is now at your fingertips. In order to have the know-how, we must all learn about the system that was invented by different levels of Government (Federal, Provin- cial, Territorial, Municipal and Cities) to ticket and fine motorists and motor vehicles. Upon learning and understanding the system, it is then possible to challenge your speeding or parking tickets and to win them every time. While this book is accurate at the time of publication, laws change or new judicial interpretations are rendered. For the most current infor- mation visit FightYourTickets.ca This site is updated as soon as pos- sible when new relevant information becomes available or when es- tablished laws or by-laws are modified or deleted or when the Courts change the landscape. Any comments, suggestions, ideas or criti- cisms are appreciated and will be reviewed. The authors of this book have over twenty-five years combined ex- perience dealing with civil matters in front of the courts, arbitrators, tribunals etc. During that time, it has become painfully obvious that those people without knowledge of the system they were fighting, were being taken advantage of and didn’t receive the justice they sought. After consulting this book, you will gain new insights into the workings of our legal system and have enough knowledge to turn a potential failure into a success story. Preface vi While the authors of this book would like to help everyone access justice within our court system, other commitments will not allow replies on specific charges hence this book and FightYourTickets.ca was created in the hope that it will help people help themselves and eventually others as well, who run into similar or identical predica- ments. Thank you for purchasing this book. Erick Jeffery Max Smith October 2009 Contents Disclaimer iv Prefacev 1 I Just Want to Pay the Fine 17 What if You Have Issues Using Your Credit Card Online to Pay a Ticket or if You Don’t Have Access to a Computer or a Credit Card, But You Still Want to Pay the Fine Reflected on the Ticket?.................. 19 What if I Received a Parking Ticket, Which I Wanted to Pay and I Ended Up Losing the Parking Ticket Before I Paid It?............................... 20 Final Option............................ 24 I Canada’s Laws and Court System 25 2 Canadian Judicial System 26 The Courts: A Description of the Judicial Structure That Currently Exists in Ontario and Canada......... 26 Judicial Appointments Advisory Committee.......... 29 CONTENTS viii 3 Canadian Charter of Rights and Freedoms 33 It is Important to Know the Canadian Charter of Rights and Freedoms........................... 33 4 Reciprocal Agreements 36 The Canadian Driver Licence Compact............. 37 Suspensions of Licences in Canada and the United States – Agreement with Ontario................. 42 Canada............................... 43 United States of America.................... 43 5 Caselaw and Jurisprudence 44 What is meant by Caselaw, Judgments or Jurisprudence?. 44 Recent Important Supreme Court Decisions on the Cana- dian Charter of Rights and Freedoms........... 45 6 Importance of Caselaw and Jurisprudence 47 7 Absolute and Strict Liability Offences 49 What is the Difference Between Absolute Liability Offences and Strict Liability Offences?............... 50 How Do the Courts Determine What Traffic Offences Con- stitute “Absolute Liability” Versus “Strict Liability”?.. 51 8 Defence of Necessity 62 9 Ontario Provincial Offences Act 64 10 Mandatory Time Limits for Laying Charges 65 CONTENTS ix Are There Mandatory Time Limits for Charging a Motorist Under the Highway Traffic Act?.............. 65 11 Right to Drive 67 Don’t I Have the Right to Drive?................. 67 12 Right to Issue Tickets 68 What Law or Legislation Provides a City in Ontario With the Right to Ticket Vehicles and to Administer and Process Parking Tickets and the Fines Imposed?......... 68 By-Laws Inconsistent With the Highway Traffic Act Deemed Repealed........................... 69 Approval of Traffic By-Law in Whole or in Part......... 69 Withdrawal of Approval by Ministry............... 70 13 Child Support Payments and the H.T.A. 72 If I do Not Make my Child Support Payments, are There any Consequences Under the Highway Traffic Act?..... 72 14 Samples of Bodily Fluids 74 Can a Police Officer Force Me to Provide a Blood, Urine or Saliva Sample, if that Officer Suspects that I am Under the Influence of Drugs, While Operating a Motor Vehicle? 74 15 Requirement to Wear Seatbelts 76 Do Children’s Car Seats Really Keep Children Safe?..... 76 Are there any Recent Studies that Suggest the Safety Fac- tor for Infants, Toddlers and Children in Child Car Seats? 76 Seat Belts – Do I Have to Wear One, While Driving a Motor Vehicle?..........................
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