Hope everybody's doing good. I'm wondering if someone can help me on this; I just got a ticket today at 10.45am for failing to come to a full stop at a stop sign, in richmond Hill area. BUT, when i looked at the ticked a few hours later, i noticed that it says that Ive been ticketed at 6.40am... I mean at that time I was in my bed, deep sleep. Plus.. I told the officer that I had just woke up, and he replied that HE TOO had just woken up. So clearly he must have been off duty at 6.40am. Should i take it to court and raise this issue and hope for it to struck? I'd appreciate all your help. Cheers
Hope everybody's doing good.
I'm wondering if someone can help me on this;
I just got a ticket today at 10.45am for failing to come to a full stop at a stop sign, in richmond Hill area.
BUT, when i looked at the ticked a few hours later, i noticed that it says that Ive been ticketed at 6.40am... I mean at that time I was in my bed, deep sleep.
Plus.. I told the officer that I had just woke up, and he replied that HE TOO had just woken up. So clearly he must have been off duty at 6.40am.
Should i take it to court and raise this issue and hope for it to struck?
The time is probably an amendable error since when you are arraigned they charge you "on or about the xth day of whatever month", meaning they don't have to prove a specific time.
The time is probably an amendable error since when you are arraigned they charge you "on or about the xth day of whatever month", meaning they don't have to prove a specific time.
The problem with incorrect (time/place/etc errors) is once you are arraigned they can be amended. You have to get in your objection first. In a case like this "maybe" and only "maybe" if you had proof that "the officer was not on duty at the time" and proof that "you were somewhere else at the time" you might be able to object and show the court your proof. You have to object before any charge is read to you. Show the court your proof and let them decide. Hopefully it has been more then 6 months as if shorter they could re-charge you. I have done it but no guarantee. Cheers Viper1
The problem with incorrect (time/place/etc errors) is once you are arraigned they can be amended.
You have to get in your objection first.
In a case like this "maybe" and only "maybe" if you had proof that "the officer was not on duty at the time"
and proof that "you were somewhere else at the time" you might be able to object and show the
court your proof.
You have to object before any charge is read to you. Show the court your proof and let them decide.
Hopefully it has been more then 6 months as if shorter they could re-charge you.
I have done it but no guarantee.
Cheers
Viper1
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