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incorrect birthday on ticket, and given name's second word
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PostPosted: Sat Jun 27, 2015 7:53 pm 
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Joined: Sat Jun 27, 2015 2:04 pm
Posts: 23
My ticket has incorrect birthday, and the given name has 2 words, but he put the first letter of the second word in Initial .
However my driver license and passport shows totally different. Can these be forced to become fatal errors?


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Re: incorrect birthday on ticket, and given name's second wo
PostPosted: Sat Jun 27, 2015 8:22 pm 
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Joined: Mon Mar 14, 2011 11:31 am
Posts: 684
These are not fatal errors on a ticket and will be amended if you go to a trial.

Think about fatal flaws this way, if it's something that a JP is looking at and they have no way of knowing what it should be, its not fatal.
Things like misspelled names, errors in plate numbers, errors in location, time, and to a certain extent the date are not fatal.

No date, time, location, signature would be fatal.


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Re: incorrect birthday on ticket, and given name's second wo
PostPosted: Sat Jun 27, 2015 11:18 pm 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
As Decatur said, these are NOT fatal errors. Ontario courts have previously ruled on issues like this and it has been decided that they will NOT get you out of your ticket.

However you MAY still be able to fight it.

I suggest that you enter a NOT GUILTY plea and request a TRIAL with the OFFICER PRESENT.

Once you get Notice of Trial, you can request DISCLOSURE.

Once you get DISCLOSURE, you can decide whether you want to go to trial or not.

_________________
+++ This is not legal advice, only my opinion +++


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