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.
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)?
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.
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
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.
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.
My opinion again is that the signature is a STATUATORY REQUIREMENT and can not be waived.
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?
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.
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.
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."
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.
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