Speeding Ticket Without Speed nor Zone Limit on Offence

Pailo
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Speeding Ticket Without Speed nor Zone Limit on Offence

by: Pailo on
Tue Dec 17, 2013 12:35 pm

Hello Forum,

I have a couple of questions/concerns regarding a speeding ticket I hope I can get some guidance for as follows:

1 - I was given a speeding ticket for speeding in a Community Safety Zone ($180 set fine) without listing any information regarding the speed I was travelling nor the speed limit in the zone where I was stopped (ex. 50km/hr in a 30km/hr zone - no such information is written on the ticket). The notice only states "Speeding" and refers to HTA section 128. I was planning to argue that this is a fatal error (unknown offence) and try to get it thrown out. Is there anything you see wrong with this strategy? Note that I have not asked for a discovery.

2 - I requested a trial date to fight this ticket which was scheduled for today, but I failed to show up on time (lady shut the door in my face and said the court time is over). I am now thinking of requesting to have the case re-opened by saying that I did not receive the notice. Is it possible that the ticket was dismissed by the JP based on the lack of speed and speed zone information on the offence notice? and are there any better options available?

Thanks for your help!




iFly55
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Joined: Mon Nov 29, 2010 7:08 pm

Posting Awards

by: iFly55 on
Tue Dec 17, 2013 3:06 pm

Some angels were definitely looking out for you, this is the one time that not showing up to trial is in your favour. Sit tight and don't do anything, if you get a notice in the mail that you've been convicted and found guilty, you can then appeal with London v. Young that the Justice of Peace missed a fatal error.


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