City of Toronto - Speeding ticket not signed - Fatal error?

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iconfat
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City of Toronto - Speeding ticket not signed - Fatal error?

by: iconfat on
Mon May 28, 2012 11:09 pm

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!








iconfat
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by: iconfat on
Tue May 29, 2012 2:17 pm

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?


iconfat
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by: iconfat on
Wed May 30, 2012 9:58 pm

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.


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by: Radar Identified on
Sat Jun 02, 2012 11:56 am

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


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