Speeding 90 km/hr in a 100 km/hr zone (?!)

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Joined: Wed Sep 18, 2013 10:50 am

Speeding 90 km/hr in a 100 km/hr zone (?!)

by: Parnoble on
Wed Sep 18, 2013 11:15 am

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.

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by: daggx on
Thu Sep 19, 2013 3:41 pm

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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