Failure to Stop at Red Light Defense?

Whenaxis
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Re: Failure to Stop at Red Light Defense?

Unread post by Whenaxis on

Here is the recent case about ticket errors: courts-and-procedure/cops-can-fix-small ... t7933.html

In my opinion, an incorrect set fine amount would be considered minor and it is not prejudicial towards the defendant in preparing a full answer and defence to the charge.

With the new case, the police officer can correct the set fine amount on the certificate of offence (his copy of the ticket) and still submit it validly to the courthouse. This means if you do not respond, you will be found guilty. Upon appeal, you will need to be able to argue how an incorrect set fine amount is prejudicial towards your ability to make a full answer and defence - this will be difficult.


daggx
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Unread post by daggx on

The best course of action in this case might be to file for a court date and request disclosure including a copy of the certificate of offence the officer submitted to the court. If the copy that was submitted to the court has the same error as your copy then you can skip your court date and force a default hearing. If the officer fixed the problem on the copy he submitted to the court then we can still go over the disclosure and look for another avenue of defence.


AlphaDog
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Unread post by AlphaDog on

I filed for the court date; just got a letter back saying the cop didn't file the ticket within 7 days so it's dropped. Thanks for the advice everyone


daggx
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Unread post by daggx on

That is good news, it is nice when you win without even having to go to trial.


ShrekTek
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Unread post by ShrekTek on

You win! Good job!
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


emmeyekayeee
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Unread post by emmeyekayeee on

Jsherk

I took your words to heart about asking for disclosure and i am attempting to use your template for asking for all the things you ask for. I went into court today in response to my Notice Of Constitutional Question and was stripped down by the judge saying to me, " You are using the Notice Of Constitutional Question wrong. It's a very complicated area and is used for questioning the law. What you want is to execute a Charter Challenge. But I can tell you now, you're probably not going to get what you're asking for. If you're still going to do a Charter Challenge, you're going to need case law. But, everything you're trying has been done before and I don't think you're going get anything special here."
So, I guess I'm asking if you have any proof that your template for getting disclose has worked. I'm hopeful that what you have wrote down here is coming from a place of experience and not speculation. I'm getting the feeling that things like requesting Industry Canada certifications are just going to be laughed out of court.
Can you instill some confidence in this process of defense?
Thank you.


emmeyekayeee
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Unread post by emmeyekayeee on

Jsherk

I took your words to heart about asking for disclosure and i am attempting to use your template for asking for all the things you ask for. I went into court today in response to my Notice Of Constitutional Question and was stripped down by the judge saying to me, " You are using the Notice Of Constitutional Question wrong. It's a very complicated area and is used for questioning the law. What you want is to execute a Charter Challenge. But I can tell you now, you're probably not going to get what you're asking for. If you're still going to do a Charter Challenge, you're going to need case law. But, everything you're trying has been done before and I don't think you're going get anything special here."
So, I guess I'm asking if you have any proof that your template for getting disclose has worked. I'm hopeful that what you have wrote down here is coming from a place of experience and not speculation. I'm getting the feeling that things like requesting Industry Canada certifications are just going to be laughed out of court.
Can you instill some confidence in this process of defense?
Thank you.


Whenaxis
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Unread post by Whenaxis on

You're likely not going to get a response from jsherk.






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