Inquiry: was ticketed under 142(1) but i was leaving a private lot, not entering, so it should be 139(1). can i have it thrown out based on fatal error?
Response: If you believe that you have been charged with an incorrect section under the Highway Traffic Act, we could certainly contest the offence on your behalf. Generally, after a review of the Prosecutor’s disclosure of evidence, most fatal errors are evident to both defence and prosecution. If the facts of your case do not support the requirements of HTA s.142(1), it is possible that the charge could be eliminated. If you would like to discuss your case in more detail, we offer a no-cost initial review of matters via our toll-free number 1-866-801-8299.