I believe this is a fatal error because there is no offence according to the ticket. There is no spot on the road I was on that is 80. Can they just edit the ticket?
I have read that perhaps I should not go to the trial tomorrow to force the fatal error? I have gotten mixed info from cop friends.
Comments quick please?
http://www.e-laws.gov.on.ca/html/statut ... ote]Deemed not to dispute charge
Action by justice
(2) Where a defendant is deemed to not wish to dispute the charge, a justice shall examine the certificate of offence and shall,
(b) where the certificate of offence is not complete and regular on its face, quash the proceeding. 2009, c. 33, Sched. 4, s. 1 (13).[/quote]
If you go to trial, the courts will amend the ticket based on the officer's notes.
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]
We have a lot of threads discussing London v. Young: http://www.ontariohighwaytrafficact.com ... ndon+Young
I took the ticket to the courthouse to set a trial date to fight the ticket. Does this have any bearing? I will read about the London/Young case to better understand
What REALLY ticks me off is that when I called OTT, some loser Len could have told me that. Instead, he tried scare tactics about how going down the wrong line of questions and doing the wrong things could cost me!! Talked about how insurance could go way up for years to come!!
He definitely knew he would have to do ABSOLUTELY nothing to win, and wanted to charge me $300 bucks!! People make me sick sometimes.
1) ignore the ticket
2) option 2 - early resolution
3) option 3 - trial date
All three paths have the same conclusion if you don't appear; a justice of peace will have to review the face of the ticket and quash it if there is a fatal error.
List of fatal errors: http://www.ontariohighwaytrafficact.com/topic1965.html
London v. Young: http://www.ontariocourts.on.ca/decision ... CA0429.htm
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