IMPROPER POLICE PROCEDURE

silvervirgo
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IMPROPER POLICE PROCEDURE

by: silvervirgo on
Mon Aug 27, 2012 3:52 pm

I got a citation for distracted driving. There were a lot of mistakes made by the police. Wrong date, failure to present me with the ticket personally as required. Can some one direct me to background information as to what rules have to be followed by the Police. Thank you!!


Stanton
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by: Stanton on
Mon Aug 27, 2012 6:43 pm

You're going to need to provide a little more information since what police are required to do is very dependent on the actual situation/type of charge.

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.


silvervirgo
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by: silvervirgo on
Tue Aug 28, 2012 11:26 am

I was involved in a minor traffic accident on June 14, 2012. No damage to my car and about $50 damage to their car. They subsequently called the police to make a complaint. When the constable took my statement on the June 19, 2012, he told me that I was going to be charged under section 78.1(1) because I was looking at my phone while stopped at a red light. He didn't give me the ticket then but phoned me a couple of hours later to say that the statements were ready to be picked up at the police station. When I got to the station the next day, there was no statement but rather a ticket was waiting for me. I though this was surreptious at best.

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 I went to the traffic court to see if I could get the ticket rescinded.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.


Stanton
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by: Stanton on
Sat Sep 01, 2012 6:34 pm

Someone more knowledgeable in the Court process might give better advice, but I'm not sure you have a clear win.

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.


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