Officer issued wrong ticket to me

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Richmondhiller
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Officer issued wrong ticket to me

by: Richmondhiller on
Sat Dec 12, 2015 8:32 pm

I received a speeding ticket for 15 over in York Region. The officer issued me a ticket for someone else[wrong DL info on ticket] but for correct charge and amount. The ticket was not hand written but computer generated. I am concerned how to proceed with this as well as if the officer issued my ticket to someone else and they do nothing with it and I am convicted in my absence of going to court. Do I attend court and speak to someone there or go to YRPS and get it sorted out. The best for me would be to get mine dismissed as well. Any suggestions-Thanks in advance






Keegan
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by: Keegan on
Sun Dec 13, 2015 12:01 pm

Tough call. Personally, I'd call the prosecutor and let them know but I'd probably not give my name, address or anything else so they could correct it. I'm really curious what would happen if you didn't let them know and the other driver was left to deal with it.


Stanton
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by: Stanton on
Sun Dec 13, 2015 3:47 pm

Richmondhiller wrote:The name,address ,Drivers Licence # are all incorrect-just wondering if officer punched in wrong DL would that generate the entire print out to be wrong or does he imput all the info-name ect. Thanks
For computerized tickets the officer just swipes your licence through a card reader and the ticket is automatically filled in. I'm guessing they ripped a ticket off the printer and failed to notice it was for the previous motorist they stopped.
Keegan wrote:Tough call. Personally, I'd call the prosecutor and let them know but I'd probably not give my name, address or anything else so they could correct it. I'm really curious what would happen if you didn't let them know and the other driver was left to deal with it.
I don't see what good that would do. Without any information they can't correct the mistake.

I'd simply wait a few days and contact the courthouse to see if a ticket was actually filed under your name or not. If the officer realized their mistake they might not have (unlikely).

If a ticket was filed under your name the safest route for you would probably be to follow the steps for forcing a fatal error (you can search the forum for the details).

My only concern is for the motorist who's ticket you got. If they also got served the wrong ticket they might pay it off thinking they paid their own fine.




screeech
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by: screeech on
Mon Dec 14, 2015 9:24 am

If someone else got your ticket, and threw it out, or just ignored it, you may find yourself with a conviction against you and your licence suspended for unpaid fines at some point. The big thing here is that you were not personally served the ticket. The officer signs each ticket certifying he has personally served the person named, your ticket was not served on you. There is a better than average chance the ticket will be filed within the 7 days. If the ticket is properly filed, request a trial, talk to the prosecutor, the charge should be withdrawn without you even having to attend court. Make sure you keep a photocopy of the ticket you got, prosecutor may want to see it.


jsherk
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by: jsherk on
Mon Dec 14, 2015 9:47 am

Yes keep the ticket you got safe as AND scan both sides and email to yourself just in case.

Personally I would NOT tell the police and would NOT tell the clerk of the court and would NOT tell the prosecutor about the mistake as they can re-issue the ticket within 6 months by summons.

You were NOT properly served! So if a conviction is registred against you (you will receive a notice in the mail in a month or so), what I would do is file an APPEAL (not a re-trial and not a re-opening).

Then I would show up at the appeal with that original ticket that you were given and say you were not properly served for your conviction and therefore you did not have to respond and the charge should be dropped and as your proof you were not properly served you can show them the ticket that you were given.
+++ This is not legal advice, only my opinion +++


Stanton
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by: Stanton on
Mon Dec 14, 2015 11:11 am

jsherk wrote:Personally I would NOT tell the police and would NOT tell the clerk of the court and would NOT tell the prosecutor about the mistake as they can re-issue the ticket within 6 months by summons.
I know this is a possibility, but the actual chances of this happening are slim to nil. Realistically unless the charge is something serious or the result of an accident (which probably warrants a summons in a first place) police aren't going to worry about reissuing a bad speeding ticket.


screeech
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by: screeech on
Mon Dec 14, 2015 1:15 pm

You should also think of the other person involved. That person too needs to be aware of the problem so they can properly take care of business. If you hold on to their ticket for the 6 months, they may have been convicted and their licence suspended if not paid with in a certain time frame. You don't know the other person's situation in life, maybe they want their day in court too. Perhaps they are moving and won't get any mail advising them of any convictions or fines due. It could be an ugly thing for that person to deal with on the side of the road, in the middle of the night, hours from home, with kids in the car, if they get stopped again...


Richmondhiller
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by: Richmondhiller on
Tue Dec 15, 2015 1:10 pm

Thanks for all the advice-Considering everything I think I will go to the court and show what took place - I think any notification of trial ect would not be sent to me as it is not me on the face of the ticket and do not want to risk conviction on my ticket if it was issued. I am hoping it can be resolved by doing this and if not asking for early resolution in person. :) I agree with Stanton that for a 15 over ticket and an error on the officers part they will not re-issue this. I am also going to YRPS to make sure that if my info is used on another ticket that I cover myself for identity theft. I am doing this on Dec 16 and will let you know the outcome of it all. Thanks again
Any other suggestions are welcome prior to tomorrow


ynotp
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by: ynotp on
Tue Dec 15, 2015 6:37 pm

I think it's a good call. Keep a copy of the ticket in case you are recharged it could be used to undermine the officers credibility.

Make sure you post the outcome.


Richmondhiller
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by: Richmondhiller on
Wed Dec 16, 2015 2:41 pm

Hi -First thanks to all who gave advice on this. I went to the court office explained everything to a very helpful clerk.. She checked an both tickets and neither had been filed with the court. She then went to YRPS court office and stated they had no record of either ticket either. She then stated that the ticket that I received would be shredded and there is no ticket for me :D .It does appear that the officer recognized his mistake and looked after it.So all ended well and thanks again to everyone here :) I am keeping a copy of the ticket in case there is a problem later on!
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