error on ticket

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user28
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error on ticket

by: user28 on
Sun Dec 09, 2012 9:54 pm

last week cop stopped me and gave me ticket FAIL TO STOP AT RED LIGHT 144(12).HTA SUBSECTION SHOULD BE 144(18).ON NOTICE OF TRAIL SAYS "GREEN LIGHT FAIL TO STOP 144(12).IS THIS A GROUND TO QUASH THE TICKET.ANY EXPERT ADVICE.PLEASE HELP.


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hwybear
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by: hwybear on
Mon Dec 10, 2012 9:22 am

the offence notice (ie ticket) is the charging document, NOT the notice of trial
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Stanton
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by: Stanton on
Mon Dec 10, 2012 1:28 pm

As stated above, errors on the notice of trial are irrelevant, only errors on the ticket itself are applicable.
In terms of the ticket, I don’t believe an incorrect section is a fatal error, especially if the charge wording is correct. It could certainly be amended if you go to trial.
The only other possibility is to force a fatal error by ignoring the ticket, but I’m really not certain if that would work in your case. Hopefully someone else can advise.


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