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Ontario Highway Traffic Act

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Multiple minor error on ticket for speeding
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PostPosted: Fri Aug 13, 2010 4:59 pm 
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Location: Ontario
I got a speeding ticket for doing 122 in a 100 zone (ticket not reduced at road side). I'm sure that the radar reading is accurate because I had my cruise set at 120 (which I never would have guessed would be an issue considering I've passed many OPP obviously doing radar, and during my ride alongs the cops I've talked too wouldn't bother doing a traffic stop for that speed) But that day I got stoped and fined.

When I look at the ticket the name that shows up is not my full name. Because I now have an EDL my full name (as it appears on my birth certificate) appears on my DL. The officer wrote my given name as Joseph and my last name only. My DL reads Joseph (as in Joseph or Marie depending on gender) then my father's name, then my god-father's name and then my name. followed of course by my family name.

So here's my question, if my name is incomplete on the ticket can this help me out in court. Joseph is not my given name, it would be like calling me by my middle name. If this incomplete name is accepted then my dad and brother would also be called Joseph.
Furthure more the officer also wrote the wrong street number for my adress. Now I know that these are not huge mistakes on their own but both mistakes together on the same ticket. My reasoning is that if I didn't have my DL with me at the time, I am deemed to have given reasonable identification if I give my name ans adress to the officer (under the HTA) I'm pretty sure if I gave an incomplete name and wrong adress to identify myself to a police officer during a traffic stop I would have bigger problems than just a speeding ticket or a fail to carry license ticket!
Thoughts and opinions please?


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PostPosted: Sat Aug 14, 2010 2:53 pm 
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Your last name has to be correct. If the name is incomplete, the ticket is still valid and won't be quashed due to not being "complete and regular" on its face. However, if you really put together a solid case, there is a small possibility (emphasis on small) you might be able to convince the JP that the officer was error-prone at the time he stopped you... if the ticket does not reflect the name on your driver's licence. (As in, your name on your licence is something like "Michael Dee Random-Guy," but the officer wrote down "Mack Daddy Random-Guy.") If it does more or less reflect your name, though, I'm not really optimistic about your chances of success. Might be better to try a more conventional approach.

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* 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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PostPosted: Tue Aug 17, 2010 3:39 am 
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The errors you described can be amended at a trial by the prosecutor.

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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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