Hoping for quash: ignore and appeal, or go to trial?

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cameronpoe
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Hoping for quash: ignore and appeal, or go to trial?

by: cameronpoe on
Tue Sep 04, 2018 7:23 pm

Hi guys, I've been researching but I'm a bit confused as to what I should do if I'm hoping for a ticket to be quashed due to an error.

I received a ticket in a speed trap, for 76 in a 50 (not reduced). The only error I can find on the ticket is that in the "charging act" he wrote "Highway Safety Act". Section was correct.

So I guess question #1: do you think this has a decent chance at being quashed? All I can find online is "maybe".. it doesn't seem to be one of the error types that's a clear yes or no.

Anyway, if I do stand a chance at having the ticket quashed, would I do that by ignoring the ticket, and hoping that the JP finds it improper on its face and quashes it out of hand, then appealing if he doesn't?

Or, should I be requesting a trial and asking for a quash before entering a plea on that day, so that I could at least attempt a defence if the JP allows the ticket to stand?

Thanks in advance for any help ;)


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by: admin on
Thu Sep 06, 2018 2:26 am

So you are wondering if writing the incorrect ACT but correct SECTION could be considered a fatal error?
I think it is not a fatal error, because it could be easily ammended and the Section is correct.


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by: admin on
Thu Sep 06, 2018 2:29 am

cameronpoe wrote:
Tue Sep 04, 2018 7:23 pm
hoping that the JP finds it improper on its face and quashes it out of hand
Highly unlikely, JP most likely will ignore it, find you guilty, and let you re-open the case. The JP doesn't work for you, ;)


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