Hi Everyone, Great board here. lots of good info. Today I got caught in a speed trap doing 25 over in a 50 zone. Speed trap was set up perfectly as the speed limit changed from 60km/h down to 50 after the turn in the road. The officer was by the book. Took my license, wrote the ticket and sent me off. Lasted no more than 5 mins. However, after I stopped driving I looked at my ticket (hand written green copy) and found that the officer did not sign the ticket. He did put his badge #, platoon, etc. I'm presuming this is a fatal error. I've scoured the board looking for the fatal error procedure. Can someone let me know below or point me in the right direction. Many thanks!
Hi Everyone,
Great board here. lots of good info.
Today I got caught in a speed trap doing 25 over in a 50 zone. Speed trap was set up perfectly as the speed limit changed from 60km/h down to 50 after the turn in the road.
The officer was by the book. Took my license, wrote the ticket and sent me off. Lasted no more than 5 mins.
However, after I stopped driving I looked at my ticket (hand written green copy) and found that the officer did not sign the ticket. He did put his badge #, platoon, etc. I'm presuming this is a fatal error.
I've scoured the board looking for the fatal error procedure. Can someone let me know below or point me in the right direction.
Thank you all for your responses. Here's a scenario im thinking about. Is it possible the officer handed me the carbon copy of the ticket, and then signed the original afterwards? Although I do not think this has happened, I'm just wondering if that would force a conviction and how London v. Young could be used as a defence. Can I use the "prejudiced my right to full disclosure" argument?
Thank you all for your responses.
Here's a scenario im thinking about.
Is it possible the officer handed me the carbon copy of the ticket, and then signed the original afterwards?
Although I do not think this has happened, I'm just wondering if that would force a conviction and how London v. Young could be used as a defence.
Can I use the "prejudiced my right to full disclosure" argument?
So, after doing a lot of reading , I believe I have 2 options. 1. Choose to do nothing. Hope the JP quashes the charges based on POA section 9. If not, appeal the ruling on the basis the charges should have been quashed per London v. Young. 2. Set a trial date. Appear at trial and advise JP that certificate of offense or offense notice was not signed per POA section 3 therefore the certificate is not complete and regular on its face. My defense has been prejudiced based on this fact. What are your opinions? Option 2 seems to be the safer bet since I do not believe the court can correct a missing signature.
So, after doing a lot of reading , I believe I have 2 options.
1. Choose to do nothing. Hope the JP quashes the charges based on POA section 9. If not, appeal the ruling on the basis the charges should have been quashed per London v. Young.
2. Set a trial date. Appear at trial and advise JP that certificate of offense or offense notice was not signed per POA section 3 therefore the certificate is not complete and regular on its face. My defense has been prejudiced based on this fact.
What are your opinions? Option 2 seems to be the safer bet since I do not believe the court can correct a missing signature.
I'd set the trial date - but don't show up. It just gives you more time to put your case together for an appeal.
I'd set the trial date - but don't show up. It just gives you more time to put your case together for an appeal.
* 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
I have a lot of issues with the idea that speed measuring devices like radar and lidar guns are using computer generated simulations to test themselves that they are working properly. The manufacturer is making a claim that a device can test itself. Where's the proof that it works?
I was pulled over a couple days ago going down a steep incline on my way to Cobourg. In order to get up a hill in my vehicle, I have to go at least 90 or it gets stuck between gears and then when I was going down the hill I wasn't riding my brake or touching the gas, it just gained speed. When I…
Question, mrsbobajob, a while ago, went to a sleep went to a sleep clinics, due to snoring, not sure if sleep apnea. Now someone told her that if she does have SA, her insurance needs to know and it will go on her license. So she didnt go to pick up her report.
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS…
alright well last night (march 19th) at 12:55 am i had recieved 2 tickets the first was failing to stop at a stop sign (i did a rolling stop) and it was dated the 19th the second ticket that i got at the exact same time was dated the 18th. The second one was because i had a blood alcohol level of…
I received a speeding ticket for 15 over in York Region. The officer issued me a ticket for someone else[wrong DL info on ticket] but for correct charge and amount. The ticket was not hand written but computer generated. I am concerned how to proceed with this as well as if the officer issued my…
i was in a road traffic accident on friday. a guy pulled out of a side road onto a main highway in front of me. i hit him in the middle of the road but was swerving left to hit him on the front and not cause a major accident. i was charged with failing to drive in a marked lane and he was charged…
i have a g2 license which was suspended for driving without a g1 driver for 30 days and my insurance cancel me . after i receive my letter to remove suspend, i got in an accident and now receive a notice to go to the police station
I was issued a Summons to Defendant, Section 7.1.b, and now I got to appear in court. Where could I find information on set fine amounts or the maximum punishment? Is it normal to be dragged to court for plate not properly displayed? After all, it is not a moving violation, and I wasnt endangering…