Speeding ticket with fatal error?

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jsherk
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Re: Speeding ticket with fatal error?

Unread post by jsherk on

The officers copy that he submits to court for filing is the Certificate of Offence, which is what the JP will look at. The copy that you get is called the Notice of Offence. Any other copies are irrelevent.

It used to be that the Notice of Offence and Certificate of Offence had to be identical, however my understanding of the case law now is that the officer can now amend the Certificate of Offence after they have given you the Notice of Offence of MINOR issues. So does leaving the act blank on your ticket and fixing it on certificate of offence meet the MINOR issue? My opinion is no, that is a major issue and should be fatal.
+++ This is not legal advice, only my opinion +++


Zatota
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Unread post by Zatota on

highwaystar wrote:The court expressly stated that an officer can amend the Certificate of Offence before filing it.
Before, yes, but certainly not after. If I were the OP, I would assume the officer did not amend the CO before filing it. But, then again, we all know what happens when we assume.


screeech
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Unread post by screeech on

How could the officer amend the ticket after he filed it?
Once it is filed, it is in the courts hands, it is not retained by the police...


jsherk
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Unread post by jsherk on

Once the ticket has been filed with the court (they have 7 days to do that, and this called the Certificate of Offence) they can not amend it. However if you go to TRIAL, then the prosecutor can ask for it to be amended and fixed during the trial. If you do not have a trial (or do not show up for your trial) then the prosecutor can not amend/fix it.

So basically when the officer writes a ticket, gives you a ticket, notices a mistake and fixes it before filing with the court, this may be allowed depending on what the mistake is.
+++ This is not legal advice, only my opinion +++


pardnme
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Unread post by pardnme on

okay folks....time to get the ball rolling.

april 13, 2017: i received my conviction in my mail due for may 3, 2017 (57.50)

i don't see any notes on how to file an appeal on this document that i received.

I'm assuming I have to go back to the courthouse and ask them for some appeals form? is the appeal done on the spot or do I have to wait for a date in the mail?


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Unread post by Zatota on



jsherk
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Unread post by jsherk on

Go to Provincial Offences Office and ask them for the APPEAL form. Be sure you are doing an APPEAL and not a re-opening.

Although you can also request a "Request to file appeal without paying fine", it is quicker and easier to just pay the fine at that time as well.

I would also ask them for a copy of the original Certificate of Offence that was files by officer.
+++ This is not legal advice, only my opinion +++


pardnme
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Unread post by pardnme on

that link is really good! thanks!

so i take it im fighting my conviction? sorry if i'm asking simple questions but my mind is going haywire right now...just had twins at 31 weeks, a lot of stress and running around....

when I ask for a copy of the original certificate of offence, is that from the clerk? or the side where we request disclosure? can I still file the disclosure form?


jsherk
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Unread post by jsherk on

Yes you are fighting conviction.

You ask for copy of Certificate of Offence from clerk, the same place you ask for the appeal form, and (usually) the same place you pay the fine.

Disclosure is irrelevant at this stage. You only need disclosure at the trial. An appeal is NOT a new trial.

At the appeal, you bring your copy of the ticket and tell the Judge the following:
- The CONTRARY TO section is blank on my ticket and therefore it should have been quashed by the Justice of the Peace as I have no idea what Act I violated and could not prepare a defense.
+++ This is not legal advice, only my opinion +++


pardnme
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Unread post by pardnme on

went today to the traffic court.

asked for an appeal, she verified if i wanted an appeal vs re-opening. I said appeal

she made me pay the ticket
she provided me the certificate of offence as 'part of the package'
she provided me a blank yellow form

i didn't realize that appeals court is somewhere else - and she didn't tell me where either? which one would be closest to me in Mississauga?

the yellow form asks for:

1. ontario court of justice at:
2. appelant is: defendnant/prosecutor/attorney general
3. name of appelant and address
4. counsel for appellant and address
5. name of respondant and address
6. counsel for respondant and address
7. decision of ontario court of justice

and a lot more information regarding the decision of the court....can i take this in blank or fill out the parts that i know?

***on the certificate of offense it shows 'highway traffic act'*** where as my ticket does not.


bend
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Unread post by bend on

I'm pretty sure they'll refer you to Brampton (7755 Hurontario Street).


pardnme
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Unread post by pardnme on

ahh yess, i do believe that is where i'm heading.

i'm reading online that i want to fight my conviction AND sentence, not just one of them but both


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Decatur
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Unread post by Decatur on

You're probably also going to want a transcript for the court that convicted you. You'll likely have to pay for this as well.


jsherk
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Unread post by jsherk on

I think this was a "did not show for court" so should be no transcript
+++ This is not legal advice, only my opinion +++


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Decatur
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Unread post by Decatur on

I thought it was a 9.1. Oh well....






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