Was stopped for speeding. Officer put 95kmh in a posted 80kmh zone.... but failed to put in the section information - it was left out. Will that amount to a "law doesn't exist" fatal error? I asked because I cannot find "95kmh in a posted 80kmh zone" in the HTA....
Yes, it was reduced, but the officer didn't put the "r" in the proper section either... I don't think the officer had his radar on PERIOD.... I was on a motorcycle and when I looked in the window, there was nothing on the radar output..... Anyway.... Cop was cool, but that doesn't stop me from asking the question...
Thanks in advance.
Does the missing section # severely prejudice your ability to make a proper defence to the charge? I would suggest it does since it prevents you from looking up the section #. If it severely prejudices your ability to make a proper defence it should be considered a fatal error.
NOTHING I SAY ON HERE IS LEGAL ADVICE.
I tend to disagree with Simon, which I seldom do, many of my offence notices (I write several hundred a year) over my career HAVE been amended for this omission.
The JPs tend to rule it's not a serious impediment to defending yourself.
You know the substance of the offence and the section number can easily be looked up.
It used to be that "submissions like that"
needed to be objectioned before jurisdiction was determined.
ie: as you approach the bench you object.
Then point out the omission.
I beat at least 3 tickets that way back when I was a speeder.
I believe that the ticket can be amended only after the trial has started.
use at your own risk"
Here on a part 1 it seems to be hit or miss. Seems to depend on JP and prosecutor of they chose to run with it. If a person has a good record they seem to withdraw. Poor record they fight hard.
On a part 3 it seems to have no bearing as the first court date it is explained and all proper defense cab be in place for the trial.
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