Ticket not Signed?

Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend

jaloosk
Newbie
Newbie
Posts: 2
Joined: Thu Jul 30, 2009 9:39 am

Ticket not Signed?

by: jaloosk on
Thu Jul 30, 2009 10:40 am

Hi there,

I was pulled over about a week-and-a-half ago, and given two tickets. Long story, but at any rate, my copy of the tickets that the officer gave me were not originally signed by the officer, just a carbon-copy of his signature.

Many years ago (mid-90's) I once received a speeding ticket with this same condition, and when I went to plead guilty with an explanation, the Justice tore the ticket up and said it was invalid because the signature was not an original.

Does the same statute still apply? Is the officer required to originally sign my copy of the ticket to make it valid? What HTA proviision applies?

Please let me know; I'm going to the courthouse tomorrow to request a court date, since I will be fighting the tickets either way.

Thanks!
It wasn't me!


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Thu Jul 30, 2009 11:14 am

Carbon-copy of the signature should be good enough. If the signature was missing entirely, that would be a fatal error. To tell you the truth, the Justice in the trial you mentioned seems like he made a mistake, but I can't say for sure.

It's not the Highway Traffic Act that specifies the ticket requirements and so on, it's actually the Provincial Offences Act. (And a number of court rulings - but don't want to get in to detail, yikes.)

There are other ways we can help, though. What were you ticketed for?


jaloosk
Newbie
Newbie
Posts: 2
Joined: Thu Jul 30, 2009 9:39 am

by: jaloosk on
Thu Jul 30, 2009 12:10 pm

First ticket was for speeding 85kph in a posted 60kph construction zone. (Northbound on Trafalgar Rd. S of Hwy 401) There's no way I was going that fast; I was cresting a new bridge under construction and there was a speed trap on the other side. I was being careful not to speed as I had seen this same trap many times. I passed the myriad of vehicles parked on the shoulder that were pulled over, and proceeded to make my way to the 401 on-ramp, when I noticed the officer in my rear-view. I pulled over, and he cited me for speeding. Set fine 93.75, Total $118.75

After a few minutes, he pulled me out of the vehicle and told me that my license was suspended for non-payment of a fine. It wasn't. It HAD been, but I had paid the ticket (fail to carry insurance card) before I was notified of the suspension. I immediately called the Province on receipt of the notice of suspension, and they told me that because I had paid the fine before I got the notice of suspension, I wouldn't have to pay the reinstatement fee of $150. According to the officer, (and apparently his records) I was supposed to still pay this bloody reinstatement fee, so he considered me driving without a license and cited me for that too. "Drive Motor Vehicle - No License" - Set fine $260, Total $325.00

All in all, a depressing, expensive day. He made me tow the car home ($140) because it had a FL state temporary; I was in the middle of getting the car licensed. It had passed RIV, but didn't have the Ontario plates on it yet.
It wasn't me!


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Moderator

by: hwybear on
Thu Jul 30, 2009 6:54 pm

Radar Identified wrote:Carbon-copy of the signature should be good enough.
Yes it is.
We have had discussions at court, in the office, on here and a signature is all that is required, whether carbon or orginal signature.

Two reasonings
- sign top of PON....all copies are then identical (but not original signature to person receiving notice)
- sign notice and give to person, then sign top copy (now the copy is not a true identical copy)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Plenderzoosh
Jr. Member
Jr. Member
Posts: 64
Joined: Thu Apr 23, 2009 10:52 am

by: Plenderzoosh on
Fri Jul 31, 2009 12:33 am

I live in Ottawa and I just checked the tickets I have filed (1 warning for fail to surrender insurance and 1 for follow too close which has since been withdrawn) and the officer signed neither of them in the box that states "Issuing Officer (signature) de l'agent". All that is present is the officer's name in a standard typed font (I would guess arial font if I had to).

Now would THIS suffice as a "signature" in court?


Post Reply
  • Similar Topics

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 3 guests