I understand from some research on this forum that the following are considered Fatal Errors: - Defendant name missing - Missing offence or an offence not known to law - Missing date - Missing offence location - Missing officer signature if it is NOT an electronic ticket - Incorrect set fine and/or total payable (one report says this is no longer the case... currently waiting for confirmation of case law or legislative change) I received a speeding ticket and the offence is documented as "Speeding 90 KM/HR in a 100 KM/HR zone". By my math, that's not speeding. However, the road I was travelling on has a posted speed limit of 80 KM/HR. Would this fall under the fatal error category of 'missing offence or an offence not known to law'? Or is this something that could be amended during trial? I appreciate your thoughts/guidance on this matter.
I understand from some research on this forum that the following are considered Fatal Errors:
- Defendant name missing
- Missing offence or an offence not known to law
- Missing date
- Missing offence location
- Missing officer signature if it is NOT an electronic ticket
- Incorrect set fine and/or total payable (one report says this is no longer the case... currently waiting for confirmation of case law or legislative change)
I received a speeding ticket and the offence is documented as "Speeding 90 KM/HR in a 100 KM/HR zone". By my math, that's not speeding. However, the road I was travelling on has a posted speed limit of 80 KM/HR. Would this fall under the fatal error category of 'missing offence or an offence not known to law'? Or is this something that could be amended during trial?
I appreciate your thoughts/guidance on this matter.
It looks to me like that would constitute a fatal error. Remember if you are going to force a fatal error then you don't want to book a trial, ignore the ticket and it should be quashed when it gets sent to the default docket for review.
It looks to me like that would constitute a fatal error. Remember if you are going to force a fatal error then you don't want to book a trial, ignore the ticket and it should be quashed when it gets sent to the default docket for review.
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