95km/h in E0 km/h zone - Fatal error??

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95km/h in E0 km/h zone - Fatal error??

by: 238 on
Thu Jul 16, 2015 10:34 am

I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.

The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can probably guess he intended to write an 8 but that is not what is there it is an incomplete 8 and clearly looks like a written E. Can this be considered a fatal flaw, as in if the offence is wrong, the certificate is not complete and regular?

Please advise,

Many thanks in advance,
Speedy


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by: ynotp on
Thu Jul 16, 2015 11:13 am

I would suggest uploading a copy with the personal information blocked out to get a better response.

Personally I would request a trial obtain disclosure and while reviewing the evidence against you see if the officer's copy of the offence notice is the same.

At that point if you plan to try and force the fatal error you simply do not attend your scheduled trial and file an appeal within 30 days of conviction. You will have to convince a JP to see things your way.






karra
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by: karra on
Thu Jul 16, 2015 1:51 pm

ynotp wrote:Not a hope in h8ll.
Disagree - I'll tell you why;

the S.128 is written out underneath and has a clearly distinctive number eight whereas the indicated speed is essentially this 'E'.
I would let this ride and not attend court - while we all know the E is supposed to be an 8 - it is not, as stated above.

If convicted on the 45th day, I would appeal this and put my faith in the fact that the judge would agree - after all, this is the law and assuming the E is an 8 - well, it just doesn't work that way.

Furthermore, the two don't even come close to a resemblance of each other.




karra
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by: karra on
Thu Jul 16, 2015 2:29 pm

If this was my ticket I would ignore it - if you do this, on the 45th day after the date of offence you will either be convicted or the ticket will be dismissed.

If you are convicted you will receive a Notice of Fine and Due Date at the address on the ticket - this will allow you 15 (usually) days to pay - which you will have to do to prior to submitting your appeal documents, as the receipt will have to be attached. Once you file the appeal the wait begins for the letter indicating time, place, and date - attend, when called simply offer your explanation as to why you chose to ignore the ticket in the first instance - the prosecutor will, if they are challenging this, offer their explanation as to why the entire process is valid and the conviction should stand.

The judge will then make a decision.

If you are going this route - DO NOT file the ticket - keep it safe and dry as you will need it in approximately four months depending on which jurisdiction this is.


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