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Which Fatal Errors can be amended at trial
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PostPosted: Tue Apr 01, 2014 5:54 pm 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
I have the list of Fatal Errors and Non-Fatal Errors from TicketCombat below each question, and I was wondering two things:

QUESTION #1
Which of the Fatal Errors can be amended at the trial by the prosecutor/Justice, if any?

Fatal Errors - The following errors are fatal and will get your traffic ticket thrown out:
no offence date;
no defendant’s name (if your name is misspelled, the traffic ticket still counts);
no location;
missing officer’s signature;
unknown offence (e.g. speeding 70kh/hr in a 64km/hr zone);
the filing date is beyond seven days.

QUESTION #2
Which of the Non-Fatal Errors could be appealed as an error at law, if they are not amended at trial (or you do not have a trial)?
For example, an incorrect set fine is not a fatal error at trial and it could be amended by prosecutor/Justice at trial anyways. But I think I was reading that if you do not have a trial (ie: do not show up), then the Justice cannot amend it and should quash it. And if the Justice does not quash it, then you could appeal on the grounds of an error at law that it should have been quashed. Does this apply to all the other non-fatal errors as well?

Non-Fatal Errors - The following errors are not fatal and won't get your traffic ticket thrown out:
misspelled name, incorrect address, wrong driver's licence number;
incorrect location;
incorrect date or time;
wrong licence plate;
wrong vehicle color or description;
incorrect set fine or total payable amount. (You can make this a fatal error, see Incorrect Fine Amounts.)


Thanks

_________________
+++ This is not legal advice, only my opinion +++


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