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Ontario Highway Traffic Act

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Improper info written on speeding ticket for 20km/hr over
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PostPosted: Tue Aug 17, 2010 11:54 am 
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Joined: Tue Aug 17, 2010 11:47 am
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I noticed on the ticket I received from the officer that he wrote the location of the ticket incorrect. He wrote a different street than the one he pulled me over on. This is also after he followed me closely in an unmarked car (so I had no idea he was a cop until he put his lights on after following me for about 5-10 minutes). I've heard from a couple friends that if anything on the ticket is incorrect it makes the ticket invalid but I don't know how I would prove this in a court...


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PostPosted: Sun Aug 22, 2010 10:50 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
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Location: Toronto
fifi12 wrote:
I've heard from a couple friends that if anything on the ticket is incorrect it makes the ticket invalid


Your friends have incorrect information. The mistake has to be really significant for it to be invalid. If the location is MISSING, then yes, it is invalid (called a "fatal error"). As for the location being incorrect, if speed written on the ticket actually shows that you were obeying the speed limit at the time, then it may help exonerate you at trial. For example... if the ticket's location showed you were on a certain street, and alleged to have been doing 78 km/h in a 60 km/h zone, but the speed limit at that location was 80 km/h, that would help you.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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Speeding Ticket - Location of Speeding
PostPosted: Mon Aug 23, 2010 9:49 am 
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Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
The ticket has to have the right location or street.

It doesn't have to be the exact location on that street, e.g Dundas St W, west of King St. It just has to say Dundas St. W.

The officer may have recorded you speeding on the street mentioned, but didn't stop until you were driving on the other street.

For a speeding trial you will have to order the officers notes, and then see where they say they recorded you speeding, you also want to look to see if there are any legal arguments that can win your case.

Speeding ticket trials are won on not only what happened, but the legal technicalities of a speeding ticket trial and the legal technicalities of a court hearing.

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Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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