A speeding traffic ticket is subject to section 128 of the Highway Traffic Act.
mintz
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Incorrect Speed Sign Limit Written On Ticket (fatal Error?)

by: mintz on

Hi Everyone,


Seeking some answers to some questions I have regarding speeding ticket

55KM/H in a 40KM/H Zone (REDUCED SPEED, original 62KM)

Set fine $37.50 - Total Payable $52.50


1) Ticket was missing my driver's license COMPLETELY blank (not even filled in) is this considered a fatal error, enough to dismiss the charge?


2) Ticket stated speed zone was 40KM/H (in fact was 50KM/H). Also know the officer believed it to be 40KM as when he pulled me over stated it was a 40 zone. Now I know this kind of mistake may not be a fatal error. Even with the real speed zone of 50KM I would still be considered speeding. However, doesn't this make the SET FINE of $37.50 incorrect? As a result my SET FINE amount would be considered a fatal error?


4) Notice of Trial - I received in mail beginning of January and my trial date is beginning of March.. shouldn't my trial be at least several months away from when i receive the notice of trial to give me enough time to prepare my case? This seems alittle odd.. Should I continue to request for disclosure, see if they can get me anything in time and if not go to trial requesting for adjournment or even quashing the trial due to lack of disclosure? Or if they do adjourn to give me disclosure and more time to prep my case i can file for 11b (since crown is at fault and not me)


Any answers or help would be greatly appreciated. Thank you!

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