Got speeding ticket with no Date on the ticket.

Moderators: Reflections, admin, hwybear, Radar Identified, Decatur, bend

Post Reply
QkMike
Newbie
Newbie
Posts: 2
Joined:

Got speeding ticket with no Date on the ticket.

Unread post by QkMike on

Today i got caught doing 70 in a 50 zone, but the officer was nice and reduced it to 10 over with mo demit points deduction. Later i found out that the cop forgot to put down today's date on the ticket, so is the ticket still valid? Does this mean that if i take this to court, i will win for sure.

Some input please!
Top

User avatar
Bookm
Sr. Member
Sr. Member
Posts: 632
Joined:
Location: Stratford, Ontario

Unread post by Bookm on

There is no date at all? .. or just the wrong date?

If none at all, the ticket is invalid. But I think the officer has 5 days to serve a new one, so I'd wait 10 days before filing a not-guilty plea.
Top

QkMike
Newbie
Newbie
Posts: 2
Joined:

Unread post by QkMike on

Bookm wrote:There is no date at all? .. or just the wrong date?

If none at all, the ticket is invalid. But I think the officer has 5 days to serve a new one, so I'd wait 10 days before filing a not-guilty plea.
It's got the year, month, and time, but no date.
Top

User avatar
Bookm
Sr. Member
Sr. Member
Posts: 632
Joined:
Location: Stratford, Ontario

Unread post by Bookm on

I would consider that irregular on its face and would be quashed by any JP. Anyone else?
Top

User avatar
ticketcombat
Sr. Member
Sr. Member
Posts: 486
Joined:
Location: Toronto
Contact:
Contact ticketcombat

Unread post by ticketcombat on

I guess I'll dissent. No date would be a fatal error but a wrong date would not. If he wrote down the wrong day, it could be corrected. So why couldn't no day be corrected as well? I think it could go either way but I'm leaning toward correctable.
Fight Your Ticket!
Top

User avatar
racer
VIP
VIP
Posts: 959
Joined:
Location: Guelph, Ontario
Contact:
Contact racer

Unread post by racer on

The officer must have pre-filled the month and year on the required quota of tickets for the month in advance... Then he forgot to mark the date down.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com
Top

User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined:
Location: somewhere in traffic

Moderator

Unread post by Reflections on

racer wrote:The officer must have pre-filled the month and year on the required quota of tickets for the month in advance... Then he forgot to mark the date down.
Cha-ching, we have a winna! Do as Bookm says, wait ten days then file....
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Top

wesleyPI
Newbie
Newbie
Posts: 5
Joined:

Unread post by wesleyPI on

Hi, i just got a speeding ticket but the date is wrong, some people are telling me it is a fatal error, others are telling me its not. the date i got pulled over was sept/1/09 but the ticket says oct/01/09. Any help would be greatly appreciated as i really cant afford for this to affect my insurance. this was in Guelph Ontario, doing 80km in a 60km

thanks in advance,
Wes
Top

User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined:
Location: somewhere in traffic

Moderator

Unread post by Reflections on

wesleyPI wrote:Hi, i just got a speeding ticket but the date is wrong, some people are telling me it is a fatal error, others are telling me its not. the date i got pulled over was sept/1/09 but the ticket says oct/01/09. Any help would be greatly appreciated as i really cant afford for this to affect my insurance. this was in Guelph Ontario, doing 80km in a 60km

thanks in advance,
Wes
Too bad it's not further out, like if you could get a trial before the date on the ticket....funny, "no your Worship, I don't plan on speeding on that date"... :D :D . Option #3 and try to document where you are and what you will be doing on Oct 1/09...... I'll bet the Crown won't notice the error until it's before the JP.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Top

wesleyPI
Newbie
Newbie
Posts: 5
Joined:

Unread post by wesleyPI on

Hi i was wondering if i couldnt simply wait out the 5 days so that the officer could not reissue the ticket. And then between the 5 days and the 25 days that the ticket states i was caught speeding, appeal to the crown? and that way i can avoid the JP...is my logic flawed?
Top

wesleyPI
Newbie
Newbie
Posts: 5
Joined:

Unread post by wesleyPI on

Anybody?
Top

wesleyPI
Newbie
Newbie
Posts: 5
Joined:

Unread post by wesleyPI on

Oh and how would you suggest that I best document my whereabouts at that time? Iv never tried to be caught somewhere on purpose lol. I'd hate to have drag someone with me to court, any other suggestions on how to prove where I was?

Thanks
Wes
Top

Plenderzoosh
Jr. Member
Jr. Member
Posts: 64
Joined:

Unread post by Plenderzoosh on

wesleyPI wrote:Oh and how would you suggest that I best document my whereabouts at that time? Iv never tried to be caught somewhere on purpose lol. I'd hate to have drag someone with me to court, any other suggestions on how to prove where I was?

Thanks
Wes
Got any shopping you need to do that's out of town? Plenty of receipts are time or at least date stamped. That said this defence is pretty well thrown out the window if your ticket is ammended to the correct date or if during the officer's testimony they say September.




Top

Post Reply

Return to “General Talk”