Thanks in advance for your advice. I was stopped today for failure to obey a stop sign. The ticket issued listed an incorrect intersection. I have seen on this site that most people do not consider incorrect intersections to be a fatal error on the ticket, but the intersection specified is part-way across town and it doesn't even have stop signs -- it's a stop light intersection, so it's not even possible that I could have committed the offence at that location. Does it have a good chance to be thrown out or will it probably be amended? If so, do I need to check off the box on the back of the ticket that says I intend to plead not guilty, or just the box that says I intend to challenge the Officer's evidence? Thanks again.
Thanks in advance for your advice.
I was stopped today for failure to obey a stop sign. The ticket issued listed an incorrect intersection.
I have seen on this site that most people do not consider incorrect intersections to be a fatal error on the ticket, but the intersection specified is part-way across town and it doesn't even have stop signs -- it's a stop light intersection, so it's not even possible that I could have committed the offence at that location.
Does it have a good chance to be thrown out or will it probably be amended? If so, do I need to check off the box on the back of the ticket that says I intend to plead not guilty, or just the box that says I intend to challenge the Officer's evidence?
You're correct in that it's not a fatal error, but certainly works to your advantage if there's a trial. It's difficult to say what to do with the ticket. There are probably some prosecutors that if advised of the error would simply withdraw the charge, while others would amend the charge at trial. I'd ask for disclosure and see what the officer's notes say. If the notes are also incorrect, I'd think you have a very good chance of arguing reasonable doubt, even if the officer corrects himself on the stand.
You're correct in that it's not a fatal error, but certainly works to your advantage if there's a trial. It's difficult to say what to do with the ticket. There are probably some prosecutors that if advised of the error would simply withdraw the charge, while others would amend the charge at trial. I'd ask for disclosure and see what the officer's notes say. If the notes are also incorrect, I'd think you have a very good chance of arguing reasonable doubt, even if the officer corrects himself on the stand.
The error on the ticket won't get it quashed in and of itself... but I agree with Stanton on the reasonable doubt angle. You need to check both boxes - the one that says you are pleading not guilty, and the one that says you plan to challenge the officer's evidence.
The error on the ticket won't get it quashed in and of itself... but I agree with Stanton on the reasonable doubt angle.
You need to check both boxes - the one that says you are pleading not guilty, and the one that says you plan to challenge the officer's evidence.
* 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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