Speeding Ticket (possible fatal error)

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jsherk
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by: jsherk on
Tue Apr 01, 2014 6:19 pm

Total Payable = Set Fine + Victim Surcharge + $5.00

In my opinion you should ALWAYS ALWAYS ALWAYS request a trial date with officer present because it gives you more time to think about what you want to do AND lets you request disclosure of the officers notes to see if there are any issues (like did not test radar unit) AND lets you make sure the Certificate of Offense was filed within 7 days. You can always choose to just not show up to the trial date, so it does not impact you negatively at all.

If you are SURE there is a fatal error on the ticket then you can still request a trial date, but just DO NOT SHOW UP. The Justice should quash the ticket because it is not regular on its face. If you show up, then the prosecutor/Justice can amend and fix the ticket, but if you do not show up then the ticket can not be amended.

If the Justice does not quash the ticket, then you can appeal because the Justice made an error at law and should have quashed because it was not regular on its face.

*** This is not legal advice, just my opinion. ***
+++ This is not legal advice, only my opinion +++


Red Cliff
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by: Red Cliff on
Wed Apr 09, 2014 9:01 pm

Hi. I just would like to give an update... Today, I called the Provincial Offence Office to check on the status of my ticket. Today is the 19th day from the deadline date I had to exercise any of the 3 options earlier given me (plead guilty, early resolution, or trial) where I chose a fourth route and ignore the ticket. The lady in said office checked the files and advised me that the police officer has not filed the same. I was also told that said police officer only had within 6 or 7 days (I forgot which is the exact number of days I was told) for filing, otherwise, a summon may be served upon me within 6 months (did not get the details of this). I'm just hoping that the 6 month period will lapse.

So, if I opted to arrange a trial date and did not show up, I would have been in a riskier position, right?

Thanks to everyone for your guidance.

Red






argyll
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by: argyll on
Wed Apr 23, 2014 8:50 pm

I suspect the officer noticed the error and shredded the ticket, moving on to other things. None of us like getting quashed tickets back.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


dholden200
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by: dholden200 on
Tue Mar 22, 2016 7:16 pm

I know this is an old thread, but I am in the exact same situation as the OP. However, I was send a notice of conviction. As of right now, I am not sure if I should file an appeal or not. The conviction is for speeding. The rest (km/h in a km/h zone) are only details as to the sentence (fine). If I appeal, will I win on the sentence (speed not listed, however, there is a speed listed in the "code" box (R,106)) and lose on conviction? I hope that is clear enough for everyone to understand. And Thanks in advance!!


jsherk
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by: jsherk on
Tue Mar 22, 2016 7:35 pm

You only have something like 15 or 30 days to appeal (I think its 30), so make sure you get on it as soon as possible.

Can you scan and post the original ticket here so we can see it (blank out personal details).
+++ This is not legal advice, only my opinion +++


dholden200
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by: dholden200 on
Tue Mar 22, 2016 9:09 pm

I just received my notice of conviction, and I have until april 4 to file. I have a notice of appeal in my hands, but I don't want to bother if it is only going to be a waste of my time. Also, it's not the money I am worried about, just the conviction. So???

Thanks Jsherk and anyone else looking at this!!
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daggx
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by: daggx on
Wed Mar 23, 2016 2:50 am

I would go ahead and file the appeal. In order for the ticket to be valid the set fine has to match the offence shown on the face of the ticket. I think you have a strong argument that the set fine does not match the offence on that ticket since no speed is listed. In this case I can't say for sure how the appeals court will rule, but if it were me I would definitely give it a shot. If you win on appeal the ticket will be quashed and will not show on your driving record.












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