Offence Section Missing - Question.

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Drastil
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Offence Section Missing - Question.

by: Drastil on
Sat Aug 28, 2010 9:41 pm

Hi all...

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.


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Simon Borys
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by: Simon Borys on
Sun Aug 29, 2010 1:21 am

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.
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Drastil
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by: Drastil on
Sun Aug 29, 2010 11:58 am

Thanks for the response Simon....

That's pretty much what I figured....


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FyreStorm
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by: FyreStorm on
Sun Sep 05, 2010 4:18 pm

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.

Just sayin'


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by: viper1 on
Sun Sep 05, 2010 9:37 pm

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.

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by: OPS Copper on
Sun Sep 05, 2010 11:54 pm

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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