Speeding 131 in 100 zone/police did not sign the ticket

andygor
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Speeding 131 in 100 zone/police did not sign the ticket

by: andygor on
Mon Dec 29, 2014 5:13 pm

Hi all

I was caught doing 131 in a 100 zone between guelph and kitchener on the 401 westbound back in Mid Aug and was stopped.

The police said he was using laser and caught me within 21 meter which i found is impossible because i saw him from a far distance and i slowed down

He took my papers and license and he said he is gonna run some check.

He then came back with a ticket and he said he wont reduce the speed and if i want to do show i can speak with the crown.

I got the ticket back realized it wasnt signed by the officer. I came to this site to read some information regarding what is an fatal error or not. After i know this is a fatal error i was still kinda worry about that i wasnt able to quash it so i bring this ticket to an paralegal.

Paralegal said this ticket has a fatal error and should be quashed on court. They told me they know how to handle it and i let them take care of the ticket.

3 Days ago i got a email form the paralegal saying that the crown is willing to drop to 120 in a 100 zone which carries 3 points compare to the 4 points im getting. i was surprised that this ticket when this far and called my paralegal back as soon as i landed.(i was on vacation)

The paralegal didnt even remember that the ticket was unsigned so she just took the ticket and chooses to went trial. After i told her that the ticket is unsigned, she would talk with the crown again.

She talked with the crown again, and the crown would not drop the case simply because the ticket present to the court was signed and the certificate of offence is signed as well. Crown also stated because i(which is my paralegal) response to the ticket that mean i have already acknowledge that the police officer has serve me upon.

On ticket combat's site it saids
You say, " Prior to entering a plea Your Worship, I move that these proceedings be quashed on the grounds that ..." There are a couple of grounds you can argue:

the charge is insufficient
the information (your ticket) bears a fatal flaw on its face

So even if the police sign the other copies but did not sign my would it be still a fatal error?

If i response to the ticket would it still be count as an fatal error?

How should i handle this situation?


thank you


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

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by: iFly55 on
Mon Dec 29, 2014 6:45 pm

Make sure you didn't receive an electronic ticket, because those don't require signatures. If it's not electronic then the paralegal IMO has acted in bad faith; the legal counsel you chose appears to be incompetent.

If you or your representative appear in court, they will amend the offence notice with the signature and you'll be found guilty of +31km/h.

http://www.e-laws.gov.on.ca/html/statut ... ]Amendment of information or certificate
34. (1) The court may, at any stage of the proceeding, amend the information or certificate as may be necessary if it appears that the information or certificate,
(a) fails to state or states defectively anything that is requisite to charge the offence;
(b) does not negative an exception that should be negatived; or
(c) is in any way defective in substance or in form.[/quote]You need to search this forum for London v. Young, and the appeal process; even one of the recent threads on the home page has information regarding this: http://www.ontariohighwaytrafficact.com/topic6703.html

Forced fatal error involves zero communication with the crown or the JP. The only time you open your mouth is to make your case during the appeal.


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