traffic ticket not signed

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diver
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traffic ticket not signed

by: diver on
Sun Nov 19, 2017 2:44 pm

I got a speeding ticket for 15 km over the limit which was not signed by the officer. The officer's name was printed in the box for the officer's signature.
Section 3(2) of the Provincial Offences Act seems to require that the officer sign the certificate of offence.
Is this a valid defense? Should I get a trial date?




diver
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by: diver on
Mon Nov 27, 2017 5:28 pm

bend wrote:It's an electronically printed ticket.

The printed name is the signature.
Is there a regulation in the Provincial Offences Act allowing this?
Section 3(2) does not set out any exception to the requirement of a signature.


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by: bend on
Mon Nov 27, 2017 6:42 pm

Provincial Offences Act

O. Reg. 497/94: ELECTRONIC DOCUMENTS [Click for link]

2. (1) A document is properly signed in an electronic format if the document contains a code, name or number of a person that is capable of identifying the person as the originator of the document and the code, name or number,

(a) is generated by electronic means at the same time as the document being signed or on completion of the document; and
(b) is reasonably secure against unauthorized use. O. Reg. 497/94, s. 2 (1).

(2) A code, name or number is presumed reasonably secure against unauthorized use,

(a) if the physical means of generating it are themselves protected; or
(b) if the electronic means of generating it are themselves a secure code or if those means are protected by a password issued in confidence to the originator of the document. O. Reg. 497/94, s. 2 (2).


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