Name Misspelled on Ticket

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slepy
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Name Misspelled on Ticket

by: slepy on
Sun Apr 29, 2012 9:18 pm

Just got back from vacation to find out that my son was stopped and got a ticket for 'Obstruct Plate'. The reason - the plates are faded. The fine is $110.

We noticed that my son's name is misspelled. What should we do? Ignore the ticket and have it quashed (as described on Ticket Combat), or fix the plate and meet with the prosecutor (as suggested by the cop)? Any help will be appreciated.

Thanks.


Stanton
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by: Stanton on
Mon Apr 30, 2012 7:28 am

Personal opinion, but I really don't think the charge is applicable for a plate that's faded. Not sure how the Courts interpret the section, but it basically says the plates need to be kept clean and have nothing blocking them. If a plate has simply faded, you haven't really obstructed it.

Not sure how you'd be best to proceed. I personally think if you got a replacement plate, the Crown would be likely to simply drop the charge.


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Decatur
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by: Decatur on
Mon Apr 30, 2012 1:01 pm

HTA 13(2) should be the correct section. It's just a matter of which short form wording should be used. I'd likely use: "Entire plate not plainly visible" for a faded plate.
Obstruct plate is generally used for an object like a bike rack or a spare tire in the way.


slepy
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by: slepy on
Mon Apr 30, 2012 8:23 pm

Decatur wrote:HTA 13(2) should be the correct section. It's just a matter of which short form wording should be used. I'd likely use: "Entire plate not plainly visible" for a faded plate.
Obstruct plate is generally used for an object like a bike rack or a spare tire in the way.
Thanks, so should I choose option 2 'Early Resolution - Meet with Prosecutor' as suggested by the cop?

How abiout misspelled name of my son. Should we try to quash it?


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by: Decatur on
Tue May 01, 2012 11:46 am

A misspelled name is not a fatel error in the ticket and would not result in it being "quashed" I'd have more hope that the charge is in fact the wrong one and the prosecutor may withdraw it at an early resolution. They are even more likely if you can show that the plates have been replaced already.


slepy
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by: slepy on
Tue May 01, 2012 4:09 pm

Decatur wrote:A misspelled name is not a fatel error in the ticket and would not result in it being "quashed" I'd have more hope that the charge is in fact the wrong one and the prosecutor may withdraw it at an early resolution. They are even more likely if you can show that the plates have been replaced already.
Thanks. We will apply for early resolution then.

I was asking about the other option, cause Ticket Combat explains how to force a fatal error by just ignoring the ticket (in case there is an error on the face of the ticket). But again, I do not know how it would work in practice.


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