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Wrong posted speed written on ticket
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PostPosted: Thu Jun 12, 2014 10:46 am 
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Joined: Thu Jun 12, 2014 10:34 am
Posts: 4
Kingston Ontario. Was pulled over for doing 82 in a 60. The written ticket says I was doing 74 in an 80 (she dropped the speed to save points)

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?

Dave


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Re: Wrong posted speed written on ticket
PostPosted: Thu Jun 12, 2014 11:36 am 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
DO NOT go to trial tomorrow and force the fatal error.

http://www.e-laws.gov.on.ca/html/statut ... e.htm#BK11
Quote:
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).


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 ... e.htm#BK52
Quote:
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.


We have a lot of threads discussing London v. Young: search.php?keywords=London+Young


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Re: Wrong posted speed written on ticket
PostPosted: Thu Jun 12, 2014 11:52 am 
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Joined: Thu Jun 12, 2014 10:34 am
Posts: 4
When I called OTT, they said if I do not go to the set trial tomorrow, they WILL convict me! Convict me of doing 74 in an 80! Is that the technicality? They can ONLY ammend if I am there?

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


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Re: Wrong posted speed written on ticket
PostPosted: Thu Jun 12, 2014 12:24 pm 
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Joined: Thu Jun 12, 2014 10:34 am
Posts: 4
I just got Absolute confirmation, indirectly from the Crown herself. If i don't show up and the set fine does not match the written offence, they will have to quash the ticket!

Thanks iFLY55.

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.

Dave


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Re: Wrong posted speed written on ticket
PostPosted: Thu Jun 12, 2014 12:49 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
It doesn't matter what path you choose

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: topic1965.html

London v. Young: http://www.ontariocourts.on.ca/decision ... CA0429.htm


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Re: Wrong posted speed written on ticket
PostPosted: Sun Mar 22, 2015 1:38 pm 
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Joined: Sun Mar 22, 2015 8:16 am
Posts: 1
Just to close this thread off.......dgupster's ticket was quashed since the fine didn't match the offence (I'm in very similar circumstances and wanted to confirm).


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