I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left blank, and there's no signature anywhere on the ticket, only the printed name of the officer on the top of the ticket. If I fight it, will it be dismissed because of the missing signature? Or should I just try and fight it with my explanation and not bring up the fact that there is no signature on the ticket? Thanks, Jacob
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left blank, and there's no signature anywhere on the ticket, only the printed name of the officer on the top of the ticket.
If I fight it, will it be dismissed because of the missing signature? Or should I just try and fight it with my explanation and not bring up the fact that there is no signature on the ticket?
Missing signature is a "fatal error," so yes it will be dismissed. The officer simply writing his/her name at the top of the ticket is not sufficient. OOPS. Fight it. Check out this explanation: http://www.ticketcombat.com/step5/quash.php
Missing signature is a "fatal error," so yes it will be dismissed. The officer simply writing his/her name at the top of the ticket is not sufficient. OOPS. Fight it. Check out this explanation:
A missing signature is a fatal error as my site states. Or if there is nothing to identify the officer. BUT if it's an electronic document then the printed name is the signature and it's valid: ONTARIO REGULATION 497/94 - ELECTRONIC DOCUMENTS I learned this the hard way and had to eat humble pie.
A missing signature is a fatal error as my site states. Or if there is nothing to identify the officer. BUT if it's an electronic document then the printed name is the signature and it's valid: ONTARIO REGULATION 497/94 - ELECTRONIC DOCUMENTS
2. (1) A document is properly signed in an electronic format if the document contains a code, name or number of a person that is capable of identifying the person as the originator of the document...
Finally got a trial date - September 2nd. I haven't requested disclosure, as I figure I don't need it. It's been over 6 months since the ticket, and from what I've read, the officer can't correct the mistake of not signing the ticket now can he? Should I be bringing the pictures I took with me to court just in case I have to actually enter a plea? Or is this a sure thing that the ticket will be thrown out? Thanks
Finally got a trial date - September 2nd.
I haven't requested disclosure, as I figure I don't need it. It's been over 6 months since the ticket, and from what I've read, the officer can't correct the mistake of not signing the ticket now can he?
Should I be bringing the pictures I took with me to court just in case I have to actually enter a plea? Or is this a sure thing that the ticket will be thrown out?
never done the request disclosure thingy....but would just bringing in the actual received notice be good enough....here your worship, no signature on my copy?
ticketcombat wrote:
He may of signed the other copies. Request disclosure including the certificate of offence to be sure.
never done the request disclosure thingy....but would just bringing in the actual received notice be good enough....here your worship, no signature on my copy?
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Any chance I'm going to get disclosure in 2 weeks? Also, is this type of charge going to affect my insurance if convicted? I thought it was a sure thing that it was going to get thrown out before, now I'm worried.
Any chance I'm going to get disclosure in 2 weeks?
Also, is this type of charge going to affect my insurance if convicted? I thought it was a sure thing that it was going to get thrown out before, now I'm worried.
never done the request disclosure thingy....but would just bringing in the actual received notice be good enough....here your worship, no signature on my copy? With some jurisdictions you have to hand over the ticket to request a trial so sometimes the defendant does not have their original. Technically, primarily with default proceedings, the court doesn't look at what the defendant got, only the certificate of offence that is filed in court. If it has a signature then it is regular on its face. Yes, if the defendant's copy doesn't have a signature then it should kill the ticket. BUT the justice (who is not a lawyer) has to agree. That's why it's best to have a backup plan.
hwybear wrote:
ticketcombat wrote:
He may of signed the other copies. Request disclosure including the certificate of offence to be sure.
never done the request disclosure thingy....but would just bringing in the actual received notice be good enough....here your worship, no signature on my copy?
With some jurisdictions you have to hand over the ticket to request a trial so sometimes the defendant does not have their original.
Technically, primarily with default proceedings, the court doesn't look at what the defendant got, only the certificate of offence that is filed in court. If it has a signature then it is regular on its face.
Yes, if the defendant's copy doesn't have a signature then it should kill the ticket. BUT the justice (who is not a lawyer) has to agree. That's why it's best to have a backup plan.
When I scheduled the trial, they asked for my ticket, stamped it, and gave it back to me. I'll prepare a case just to be sure. I stopped right before the road closed sign, there were 3 cars right behind me, and it was too tight to turn around, and the only street available to turn on was a one way street which would have caused me to break another law. Thanks, I'll let you know what happens.
When I scheduled the trial, they asked for my ticket, stamped it, and gave it back to me.
I'll prepare a case just to be sure. I stopped right before the road closed sign, there were 3 cars right behind me, and it was too tight to turn around, and the only street available to turn on was a one way street which would have caused me to break another law.
I've searched and either I'm not hitting the key words or the topic hasn't been touched on before (which I doubt, but anyway...)
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