Speeding 146 in 100

blueman
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Speeding 146 in 100

Unread post by blueman on

I just got a ticket on sunday for 146 in 100. The officer wrote the ticket for 140 in 100. I plan to fight the ticket but the officer did not put an offence date on the ticket. Is this an easy win.


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Simon Borys
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Unread post by Simon Borys on

No date is usually considered a fatal error.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


blueman
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Unread post by blueman on

Should I talk to the prosecutor when I take the ticket to the courthouse to let them know that I plan to fight the charge and have the charge dropped before I ask for a trial or wait until after I get a trial date and disclosure.


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Radar Identified
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Unread post by Radar Identified on

Wait until at least 6 months after the date of the offence before you talk to the Prosecutor. Otherwise, the Prosecutor can withdraw the original charge, and have the officer show up and issue a summons for you to appear. What I'd do is this: Get the trial date, get disclosure, THEN warn the Prosecutor you plan on following the "London v. Young" ruling and will not appear. If they do not withdraw, tell them you will appeal it and get it quashed, so it's their choice: Easy way or hard way. If you do appear before the JP, they can amend the certificate.

In case you did not know, "London v. Young" was a ruling by the Ontario Court of Appeal that, when a ticket bears a fatal error, if the defendant fails to appear in court on the day of trial, or fails to respond to the ticket, the only option available to the presiding Justice of the Peace is to quash the certificate. If the JP fails to do that, it is to be appealed and then a Justice will quash it. No date should be a fatal error. If you're concerned about the appeal you could also consult a paralegal.




* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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