Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 10 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

ticket not signed by officer
Author Message
PostPosted: Mon Feb 13, 2017 7:58 pm 
Offline
Newbie

Joined: Mon Feb 13, 2017 6:54 pm
Posts: 3
Received Speeding ticket in Jan for 110km/h in 90km/h. was simply going to pay the $95 fine when I noticed the officers signature was absent from the ticket , all other fields filled out. I understand this to be a "fatal error"

I received the disclosure PDF by email that includes photocopy of the top original ticket. The photocopy of the officers page shows his signature on the ticket. It was signed after being issued to me. When I took option 3 for trail I did not mail away my copy of the ticket. I have it with me.

Not sure how to proceed. Thought I could submit the ticket to judge prior to entering plea.


Top
 Profile  
 
Re: ticket not signed by officer
PostPosted: Mon Feb 13, 2017 8:04 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
It is a hand printed ticket or is it an electronic ticket (all typed)?

Can you scan and post the ticket (with personal and officer info blanked out)?

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: ticket not signed by officer
PostPosted: Mon Feb 13, 2017 9:03 pm 
Offline
Moderator
User avatar

Joined: Mon Mar 14, 2011 11:31 am
Posts: 666
If it's hand printed the latest case law R v Wadood may have an impact on whether this is a fatal flaw. http://www.ontariocourts.ca/decisions/2 ... =hootsuite

If it's electronic there is no physical signature required at all.


Top
 Profile  
 
Re: ticket not signed by officer
PostPosted: Mon Feb 13, 2017 10:36 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
If it's electronic, it should have the printed name of the officer in the signature box, which is acceptable.

If it's hand written, it should have a real signature in the signature box.

My opinion is that if there is no signature, then it is a fatal error as long as you do not show up for trial. The case law does not change the actual statute which reads:
Pronvincial Offences Act
Section 3(2)
Issuance and service
(2) A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing in the form prescribed under section 13,
(a) a certificate of offence certifying that an offence has been committed; and
(b) either an offence notice indicating the set fine for the offence or a summons.


So this means that you should NOT respond to the ticket (do nothing) and keep the ticket safe. If the officers copy was signed, then you may still be convicted and then you would need to file for an APPEAL and then show up to appeal and show Judge that Notice of Offence was not signed per Section 3(2) of the Provincial Offences Act.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: ticket not signed by officer
PostPosted: Tue Feb 14, 2017 1:30 am 
Offline
Sr. Member

Joined: Sun Jun 22, 2008 3:21 am
Posts: 377
In times past this would have been a slam dunk fatal error. However with the recent decision in R v Wadood, that Decatur linked to above, this is now not so certain. That decision allows officer's to correct errors on the ticket before submitting it to the court. It is then up to the defendant to prove that the error materially prejudiced their defence.


Top
 Profile  
 
Re: ticket not signed by officer
PostPosted: Wed Feb 15, 2017 12:22 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
My opinion again is that the signature is a STATUATORY REQUIREMENT and can not be waived.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: ticket not signed by officer
PostPosted: Wed Feb 15, 2017 12:32 pm 
Offline
Newbie

Joined: Mon Feb 13, 2017 6:54 pm
Posts: 3
It is a hand printed ticket. I did file an option 3 by way of a missing document form because I didn't want to part with the ticket. When disclosure was sent to me by way of e-mail I saw the scanned copy of the officers ticket was signed after it was issued to me.

I was given a court date . Is my option to do nothing gone? I think so. Could I present the ticket to his worship prior to entering a plea ? Does it matter that my carbon copy has a blank field where the signature goes and the officers was clearly signed later?


Top
 Profile  
 
Re: ticket not signed by officer
PostPosted: Wed Feb 15, 2017 12:59 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
If you want the fatal error to work then do NOT show up for your court date. If you show up for court, then these case laws they have stated above will come into play and they can still have a trial against you even if your ticket is not signed.

However, if you do not show up for court (my recommendation) then you will most likely be found gulty in your absence and deemed not to dispute the charge. As soon as you receive notice of the conviction, you have 30 days to pay the fine and file for an appeal (make sure you file for APPEAL and not a re-opening).

At the appeal hearing, you bring your unsigned ticket and a copy of the Provincial Offences Act section 3(2)(b) and tell the Judged that ticket was never signed per this section and therefore was not valid and should be quashed. When you win the appeal you will get your money back from the fine you payed.

MORE INFO...
Notice that section 3(2) says officer has to COMPLETE AND SIGN the following TWO things:
3(2)(a) says a Certificate of Offence, AND
3(2)(b) says a Notice of Offence.

So both (a) and (b) must BOTH be completed and signed for the proceeding to be valid. The Justice of the Peace at the trial will not know that your ticket was not signed, and that is why you will most likely be found guilty when you do not show up for court.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: ticket not signed by officer
PostPosted: Sat Feb 18, 2017 3:53 pm 
Offline
Newbie

Joined: Mon Feb 13, 2017 6:54 pm
Posts: 3
I've carefully read over the case law R vs Wadood by justice John Laskin J.A.

I'm not sure how this applies to my particular case as all the example amendments to the "certificate of offence" referenced are clerical in nature; wrong date , municipality, spelling etc.. In my case the signature is added after being issued. The signature authenticates the offence . Having received the "notice of offence" without the signature could lead me to believe he would not put his name to it.

I agree with jsherk "the signature is a STATUATORY REQUIREMENT and can not be waived."


Top
 Profile  
 
Re: ticket not signed by officer
PostPosted: Sat Feb 18, 2017 5:06 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
It is a statuatory requirement and can not be waived as long as you do NOT go to trial. I would not take the chance of showing up to trial as they may try to amend it and then at an appeal, you may not win. If you simply do not show up for trial, then they can not amend it and you will win on appeal.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 10 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Ticket not Signed?

jaloosk

4

1931

Fri Jul 31, 2009 12:33 am

Plenderzoosh View the latest post

There are no new unread posts for this topic. City of Toronto - Speeding ticket not signed - Fatal error?

iconfat

6

2194

Sat Jun 02, 2012 11:56 am

Radar Identified View the latest post

There are no new unread posts for this topic. Attachment(s) Stopped on a Signed Highway $150

flong

11

2681

Tue Nov 03, 2015 4:38 am

daggx View the latest post

There are no new unread posts for this topic. Fatal error if Notice of Offence not signed?

jsherk

4

737

Thu Dec 03, 2015 12:51 pm

jsherk View the latest post

There are no new unread posts for this topic. Ticket for driving to closely but officer gave me his ticket

vince2000

4

1592

Thu Feb 21, 2013 7:07 pm

Mugwug View the latest post

There are no new unread posts for this topic. Is it worth contacting ticket officer?

Pahl

7

897

Sat Aug 29, 2009 10:20 am

Pahl View the latest post

There are no new unread posts for this topic. Does a police officer ever have to issue you a ticket?

Simon Borys

2

851

Sun Feb 20, 2011 6:59 pm

Simon Borys View the latest post

There are no new unread posts for this topic. officer notified me that ticket was not filed but i already

kewatin

2

1484

Mon Mar 14, 2011 3:21 pm

kewatin View the latest post

There are no new unread posts for this topic. Officer filled out the ticket incorrectly!?

papagorgio

1

1814

Thu Jul 14, 2011 2:06 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Can a ticket be altered by issuing officer?

roadwarrior

1

655

Wed Feb 22, 2012 5:32 pm

Stanton View the latest post

There are no new unread posts for this topic. Officer forgot to give me my ticket

Conan_The_Savage

2

1161

Thu Oct 18, 2012 6:03 pm

bdwilliams View the latest post

There are no new unread posts for this topic. Traffic Ticket: Officer is lying

armenius

2

830

Fri Dec 14, 2012 8:28 pm

Radar Identified View the latest post

 


Who is online

Users browsing this forum: Bing [Bot] and 2 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.