Ticket - Driving Using Handheld device

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Ferrari321
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Ticket - Driving Using Handheld device

by: Ferrari321 on
Tue Jul 12, 2011 1:18 am

Hi there,

Was ticketed for driving with a handheld device - however the address written on the ticket was wrong. Any ideas on how to fight the ticket? I was thinking of discrediting the officer and would like to know how or even if the ticket is still valid? I've replied to request a trial and the court date is in a few days. Any help appreciated.




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Simon Borys
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by: Simon Borys on
Tue Jul 12, 2011 10:02 am

An incorrect address should not prima facia invalidate the ticket. You can attempt to use the officer's error with respect to the address to say that he may also be in error about the handheld device but Justices of the Peace usually aren't sympathetic to that positiion in my experience.
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by: Ferrari321 on
Tue Jul 12, 2011 11:46 am

My address was wrong - what has worked in the past given your experience with a wrong address on the ticket? I read somewhere that if I dont show up for court then they will review the ticket and that non of the facts on the ticket can be changed without my permission including the address so by default it would be quashed?


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Decatur
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by: Decatur on
Tue Jul 12, 2011 12:06 pm

The fact that your address is wrong is not a fatal flaw on the ticket and it would not be quashed. How would the Justice of the Peace know that your address is wrong on the ticket anyway?
Things like leaving the date and time of the ticket off, the officer not signing the ticket, leaving off the set fine could be flaws.




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Decatur
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by: Decatur on
Tue Jul 12, 2011 2:15 pm

The JP doesn't have access to your Drivers Licence information except for what's actually on the ticket. If you didn't show up there would be no way for the JP to know the address is different.
Referring to the fact that you believe the officer to be "incompetent" based on a wrong address probably won't get you very far with the JP or the prosecutor.




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Simon Borys
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by: Simon Borys on
Tue Jul 12, 2011 10:07 pm

Ferrari321 wrote:Thanks for the heads up. Any weight in showing that because the officer had bad judgement in copying the address that he could've also had bad judgement in writing the ticket?
That's even less likely to succeed than using it to discredit the officer, in my opnion.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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