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!!
-
silvervirgo
- Newbie

- Posts: 2
- Joined: Mon Aug 27, 2012 3:35 pm
IMPROPER POLICE PROCEDURE
Re: IMPROPER POLICE PROCEDURE
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
- Newbie

- Posts: 2
- Joined: Mon Aug 27, 2012 3:35 pm
Re: IMPROPER POLICE PROCEDURE
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 I went to the traffic court to see if I could get the ticket rescinded.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.
Re: IMPROPER POLICE PROCEDURE
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.
Similar Topics
-
-
- proper procedure
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By knowjustabit on
- Replies: 8
-
-
-
- What's the proper procedure to pass a car on a 2 lane road?
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By TA462 on
- Replies: 42
-
-
-
- Proper Procedure for Pulling Over and Note Taking?
- Posted in General Talk
- By FireFlash on
- Replies: 1
-
-
-
- Trial in 9 days, going in alone! Lots of procedure Q's
- Posted in Courts and Procedure
- By ponyboyt on
- Replies: 10
-
-
-
- Need Advice - Courtroom Procedure
- Posted in General Talk
- By SolveARealCrime on
-
-
-
- trial procedure
- Posted in Courts and Procedure
- By mathers on
- Replies: 1
-
-
-
- Plea Bargain procedure
- Posted in General Talk
- By iamnam on
- Replies: 2
-
-
-
- Procedure for meeting with the crown attorney
- Posted in Driving While Suspended
- By teepee24 on
- Replies: 1
-
-
-
- Proper procedure for license reinstatement
- Posted in General Talk
- By jdavid on
- Replies: 3
-
-
-
- best procedure for 3 tickets in one day and 3 points
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By outofmyelement on
- Replies: 1
-
-
-
- Feel Like the proper procedure wasn't followed, need opinion
- Posted in General Talk
- By AK108 on
- Replies: 5
-
-
-
- Operating Procedure for Bee III Radar
- Posted in Police Clothing and Equipment
- By Mike4064 on
- Replies: 1
-
-
-
- 120 in 100 -- Did he follow proper Procedure?
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By Gator on
- Replies: 2
-
-
-
- summon ticket court procedure
- Posted in Summon
- By labuser on
- Replies: 3
-
-
-
- Charged with careless - procedure questions
- Posted in Careless Driving
- By C_B on
- Replies: 14
-
-
-
- Improper vehicle description on disclosure and improper signage?
- Posted in Speed Traps
- By probe1989 on
- Replies: 2
-
-
-
- ticket for improper left turn
- Posted in Improper left turn
- By bellesunday on
- Replies: 1
-
-
-
- improper left turn into middle lane instead of the left
- Posted in Improper left turn
- By Helen on
- Replies: 1
-
-
-
- Improper Left Turn
- Posted in Improper left turn
- By Betty on
- Replies: 1
-
-
-
- Improper Left turn on oneway street
- Posted in Improper left turn
- By smallfive on
- Replies: 17
-
Featured Topics
Speeding 22km/h over the posted speed limit.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
100kph in a posted 80kph zone
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
Is this grounds for an appeal? (was kicked out of courtroom)
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
Speeding ticket questions
***** I previously posted this under "Speed Traps" by mistake ********
Hello all this is my first time posting here, I like what i've read so far. You all seem like a great bunch of people
.
I hope this is in the write section
I was caught by a speed trap and given a ticket for the following offense
exactly as written on the ticket:
"SPEEDING. 75 KM/HR IN A POSTED 60KM"
What I found odd was that the…
Accident ( Improper Right Turn charge)
Hello All,
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
seat belt exemption rule
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
INSECURE LOAD TICKET - ANY IDEAS?
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
The system works - it beat me down until I gave up.
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
I still have no…
No ticket yet but need lots of help!!
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
First Speed Ticket Reduced to 15km
Hi all,
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
think my car got wrongfully impounded
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Changed ticket
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
My Run in with HTA 172
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
Am I suspended?
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Advice Wife's ticket - 11b 120kmh (claim 134) Woodstock
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
Can DashCam video help?
Before the car started skidding the driver noticed unusual sound(something breaking) from under left side of the car. It is on the audio record too.
The driver got Careless driving ticket, $490. No check-mark on Witnesses field on the ticket.
No any other vehicles involved, nobody injured, the Dodge Caravan is totally crushed, the light pole broken.
Cant this record help to fight the ticket in the…
Careless Driving - with 3-Day Suspension alcohol warning
Hey guys,
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
Car got impounded
Hi there,
So I was driving my dad's car and it got impounded because I got a stunt driving ticket.
My dad is out of the country and my 7 day suspension is over a day before he gets back.
Would I still be able to pick the car up? It is at York Auto
The slip I was given by the cop has my name on it as well, as I am under the insurance.
Received suspension because notice sent to old address.
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
police officers have been told to issue more traffic tickets
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
Drive Without Proper Lights - Mistake by officer
Good evening all,
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
Traffic Ticket and lying Prosecutor
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Judge: ok, lets…
Advice Needed: got a summons for improper left turn 141 (5)
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
No ticket was given at the time of the…
Longboarding and the Highway Traffic Act
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
once i got my appeal date --what happens at court?
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…