First, what were you actually charged with? What is the charge wording and section number?
Second, what type of form is the charge on? Is it a regular ticket with a fine on it? Or is it possibly a summons requiring you to attend Court?
Depending on what it is, the officer may not have to serve you personally. Nor is the wrong date necessarily a significant error.
The offense date on the ticket was marked February 14, 2012. He also didn't serve me personally as is stated on the ticket. I went to the traffic court to see if I could get the ticket rescinded. I was told that I would have to appear in court to get that done. I received a call from the constable a few days later saying that the ticket was being cancelled because of errors and a summons would now be issued.
I was served the summons a few days later, asking me to appear in court on August 20, 2012. The summons was issued on June 4, 2012 a full 10 days before the infraction. Another mistake, this time by a Justice of the Peace. I'm hoping that all these would cause a dismissal of the charges. The fine is $125 with a total payable of $155. I see a recent case in Toronto was dismissed on appeal. Thank you for your help.
In regards to the original ticket, even if the errors did constitute a fatal error, I'm not sure it's still relevant since a summons has since been issued.
As for the summons itself, I'm not sure an incorrect date of issue would invalidate it. Does the error prevent you from preparing a proper defence? Probably not. The other issue is that the Crown can amend any errors at trial.
Again, someone more versed in the Court process and finer legal points might be able to give better advice. Maybe consult with a paralegal and see what they say.
- Similar Topics
Users browsing this forum: No registered users and 4 guests