However, you could argue that you were misled in preparing your defence by this error. You were prepared to defend against the charge based on the fact that you were never on that road. Correcting the error would impact your defence and effect the outcome of your trial. The judge will likely correct the error and grant you an adjournment to prepare your defence again. The adjournement opens up the possibility of a stay.
I'm not allowed to link directly, but more info on fatal errors are on my site (Step 5 -->quash the trial). You can also check out R. v. Donovan, 2005 NBPC 1 (CanLII) but keep in mind that it's New Brunswick when reading the sections of their charging act.
Fight Your Ticket!
The officer should have known what road he was on. If you were lost would you have known what road you were on? I think not. Well in this case the officer was working in his jurisdiction and should have known his surroundings. Was the office competent when he/she wrote the ticket. If he/she says yes, then why did the officer make a mistake in the street name. Sure a mistake was made but then you made a mistake also for speeding. If you can prove that you were on a different road then you have a strong case. Otherwise it's your word against his, and in this case the officer wins.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
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