I was issued a speeding ticket by an officer using a mounted radar gun in the moving police SUV. When the officer went thru the initial procedure ie asking for my license etc etc. He came back to my vehicle with an offence ticket stating "he gave me a break and reduced it to half the amount". I asked if I could see the radar gun because I was certain that I was not speeding. He grabbed the ticket out of my hand and yelled at me "are you calling me a liar?" I replied no and stated that I just wanted to see the gun. He continued to yell at me "fine, I will fix the ticket so you will have to pay double the amount because I dont like be called a liar". He walked back to his vehicle and returned a few minutes later handing me back the ticket stating "he doesnt like being called a liar and he fixed the ticket so now I have to pay double the fine". I was shocked at his behaviour which is another story. I looked at the ticket and saw that he actually crossed out the initial speed and wrote above it to show the amount that was doubled as well as the fine amount. The amounts are crossed out and he has initialled his changes. MY QUESTION IS: CAN THIS OFFICER ALTER A TICKET IN THIS MANNER.??? DOES THIS QUALIFY AS A FATAL ERROR??? I am fighting the ticket and I have filed a complaint against the officer regarding his behaviour and unprofessionalism. But I need to know if he is allowed to make the changes on the same ticket based on his personal outrage at my request.???
I was issued a speeding ticket by an officer using a mounted radar gun in the moving police SUV. When the officer went thru the initial procedure ie asking for my license etc etc. He came back to my vehicle with an offence ticket stating "he gave me a break and reduced it to half the amount". I asked if I could see the radar gun because I was certain that I was not speeding. He grabbed the ticket out of my hand and yelled at me "are you calling me a liar?" I replied no and stated that I just wanted to see the gun. He continued to yell at me "fine, I will fix the ticket so you will have to pay double the amount because I dont like be called a liar". He walked back to his vehicle and returned a few minutes later handing me back the ticket stating "he doesnt like being called a liar and he fixed the ticket so now I have to pay double the fine". I was shocked at his behaviour which is another story. I looked at the ticket and saw that he actually crossed out the initial speed and wrote above it to show the amount that was doubled as well as the fine amount. The amounts are crossed out and he has initialled his changes.
MY QUESTION IS: CAN THIS OFFICER ALTER A TICKET IN THIS MANNER.??? DOES THIS QUALIFY AS A FATAL ERROR???
I am fighting the ticket and I have filed a complaint against the officer regarding his behaviour and unprofessionalism. But I need to know if he is allowed to make the changes on the same ticket based on his personal outrage at my request.???
I don't believe it would constitute a fatal error. To the best of my knowledge Courts regularly accept tickets with corrections on them. As long as everything is properly crossed out and initialed, I believe the ticket is still valid. It may be more of an issue that he took the ticket from your hand. In my opinion he had technically already served you when he gave you the ticket, so he shouldn't have taken it back. If he really wanted to charge you for the full amount, he should have issued a corrective summons. Not sure if that's really sufficient to have the charge tossed in Court though.
I don't believe it would constitute a fatal error. To the best of my knowledge Courts regularly accept tickets with corrections on them. As long as everything is properly crossed out and initialed, I believe the ticket is still valid.
It may be more of an issue that he took the ticket from your hand. In my opinion he had technically already served you when he gave you the ticket, so he shouldn't have taken it back. If he really wanted to charge you for the full amount, he should have issued a corrective summons. Not sure if that's really sufficient to have the charge tossed in Court though.
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or…
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS unit I had to rely on the printable poorman's version from Mapquest. I followed Huron Church Rd.,…
Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
My name is Brian. I am in my late 20s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)
I have never drunk and drive but I face a problem and Im wondering if anyone can tell me what to do. Several months ago I was at a weekend party and had quit a bit to consume. When I stopped…
I was travelling east bound on ellesmere road and approached markham road attempting to make a right turn. All signal lights were red and cars traveling down markham road south were given the green arrow. I slowed down and attempted to make the right turn. I got ticketed by a cop who was parked in a gas station facing the intersection in a (no parking zone). I…
Crested a hill, officer coming at me, pulled a u turn and pulled me over.
I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
It was around 7pm, already dark, nobody on the road but myself,…
I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.
I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.
I was pulled over two nights ago and charged with failing to stop a stop sign. On the ticket, it says 'disobey stop sign - foil to stop' and does not say 'fail' -- something I think may be a fatal flaw? I have been driving for 12 years with no tickets, yet I live in Brampton where insurance prices are high so I do not want to be convicted as my insurance rates will spike significantly and…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
I understand the severity of my offences, and I can't stress how much I regret it. I know I endangered the lives of myself and more importantly others. I usually do not speed and I know running late for work is an unacceptable excuse. I will be a man and accept the consequences of my actions although I would appreciate any advice for my situation.
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
On December 4, 2014 I was preparing to turn right at a very busy intersection.…
I have question, today I was going to work in my normal route there is a triangle intersection with my side being the only one with a stop sign.
There's a car in front me who stopped at the stop sign, and the third-side there's a incoming car with their hazard-light flashing but they don't have stop sign, yet coming in at a slow speed.
Right after the car in front me went through the stop sign,…
On my way to work this morning I received a ticket for disobey sign. I was on Hwy 10 Mississauga in the right lane. The right lane leads to the 401 and there is a sign saying Right Lane Exits. I Tried to merge left before the on ramp as did 3 other people. We all got a ticket for doing that. Is there anything I can do? I did not realize I was breaking any law it was a dotted line where I tried to…
This is my first post, before I jump right in I would like to thank the forum, members, posters and moderators for all the information posted. I feel like I have been able to learn a lot from others experiences, so thank you all.
This will be a lengthy post. But if you are dealing with a Disobey Sign HTA 182(2) - No Straight Through Intersection you may find this extremely…
Let me start this with saying that this isn't in regards to a ticket, more a discussion surrounding front license plates and learning about the rules behind them. (Most of the quote stuff is using colloquial terms, mostly because I couldn't really find a better way to describe it; it's not meant to be offensive.)
I know Ontario law/HTA mandates having a front license plate unlike some States in…
Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
I was unfortunate in July 2010 in that I ended up rolling my 2009 Ranger three times, through a fence and landing on the roof on a rained-out road that was/is in need of proper repair in Eastern Ontario.
I was assisted out of the vehicle by the driver who was behind me.
I was traveling down the 401, noticed a speed trap, and started flashing my lights -- in order to warn oncoming drivers.
Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
The officer pulled me over, and while he was polite, clearly his motivation was to…
Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?
I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…
