Hi guys, i've been looking around the forum in regards to this ticket my aunt received a few months ago, but i've been getting mixed results. I've personally went to trial before on a traffic ticket, where the officer wrote the wrong location/intersection and was thrown out when i went to court. This time when my aunt was issued a traffic ticket, i thought it would be easier to go through early resolution, but that didn't go well so we ended up asking to go to trial. While speaking with the prosecutor, she mentioned that they were allowed to change the location on the ticket. is this true?
Hi guys, i've been looking around the forum in regards to this ticket my aunt received a few months ago, but i've been getting mixed results.
I've personally went to trial before on a traffic ticket, where the officer wrote the wrong location/intersection and was thrown out when i went to court. This time when my aunt was issued a traffic ticket, i thought it would be easier to go through early resolution, but that didn't go well so we ended up asking to go to trial. While speaking with the prosecutor, she mentioned that they were allowed to change the location on the ticket. is this true?
Yeah, they can amend the ticket to reflect the actual charges. Even if your ticket was actually the wrong location (like the wrong street all together), I think it's a difficult case to make unless you could have actually proved that you were never on that street with that vehicle. I don't think the wrong street is a fatal error anyway though, so they could still convict you. It really depends on the JP, I've heard of tickets getting thrown out because there was a spelling error in the name... Courts are crowded, JP's just throw stuff out for small errors sometimes, but it's their discretion. JP's are cranky, sometimes that works in your favour... Like that story of the JP who threw out all the charges because the prosecutor walked in 2 minutes late, or something like that. They can, and sometimes will, throw out charges even if they don't absolutely have to. So just because it worked once, doesn't mean it will work again, but it doesn't necessarily mean it won't work again - it's all up to the JP. Link to the article about the cranky JP mentioned above: http://www.thestar.com/news/crime/2013/ ... _late.html Edit: Just briefly read the article again, I find it hilarious that it starts with "An impatient justice of the peace tossed out more than 60 charges en masse because the prosecutor was two minutes late, costing the city lost revenues and prompting a battle with Torontos legal department." Reinforces the idea that traffic tickets are the City's cash cow.
Yeah, they can amend the ticket to reflect the actual charges. Even if your ticket was actually the wrong location (like the wrong street all together), I think it's a difficult case to make unless you could have actually proved that you were never on that street with that vehicle. I don't think the wrong street is a fatal error anyway though, so they could still convict you. It really depends on the JP, I've heard of tickets getting thrown out because there was a spelling error in the name... Courts are crowded, JP's just throw stuff out for small errors sometimes, but it's their discretion.
JP's are cranky, sometimes that works in your favour... Like that story of the JP who threw out all the charges because the prosecutor walked in 2 minutes late, or something like that. They can, and sometimes will, throw out charges even if they don't absolutely have to. So just because it worked once, doesn't mean it will work again, but it doesn't necessarily mean it won't work again - it's all up to the JP.
Link to the article about the cranky JP mentioned above:
Edit: Just briefly read the article again, I find it hilarious that it starts with "An impatient justice of the peace tossed out more than 60 charges en masse because the prosecutor was two minutes late, costing the city lost revenues and prompting a battle with Torontos legal department."
Reinforces the idea that traffic tickets are the City's cash cow.
pulled over leaving a survey in guelph. After arguing with the officer for about 10 minutes, he mentioned something being wrong with my truck. Told me to put on my emergency brake, and i did. Told me to put it in gear, and i did, truck did not move. Told me to hit the gas, and i did and the truck…
Got two very heavy tickets -- for failing to stop for a school bus, and for using a handheld device. Was running late in a morning rush traffic in Toronto and apparently passed a school bus on the opposite side w/o noticing its signal. A few meters after that I stopped behind the other cars waiting…
I recently received a ticket for proceeding contrary to sign at an intersection. While there are other issues with the offence (sign is not visible until 10ft from intersection, officer wrote wrong license plate number on ticket) my biggest question is about the sign itself.
I posted here a *while* back when I first got my speeding ticket, and I've been fighting it forever. Anyway, long story short - I went and had an appeal and both the prosecutor and the Judge agree that I have valid grounds to appeal on, but what we're arguing is whether the correct remedy is a…
My wife had an auto accident back in May. It is gradually being dealt with by our insurance company ( by the broker actually). My question is about the legal power of the insurance code OAP1. Evidently this set of rules is the Ten Commandments for the insurance companies and the adjustors seem to…
What is the requirement for stopping when a school bus is traveling down the roadway, initiates the flashing red lights while still moving but has not yet stopped? If a motorist is traveling through an intersection (through the free-flow approach, minor-street stop controlled) and an oncoming…
In 2005, the government passed legislation that enabled the introduction of variable speed limits at some point in the future. It didn't take effect right away, so it sat waiting for "proclamation by the Lieutenant Governor." Just by chance... I was reading the HTA earlier while browsing this…
I was on my way to work on a divided four lane highway. I was in the right hand lane following the flow of traffic. There was a slower car ahead of me and I wanted to change lanes and maintain my speed. When I looked in my left side mirror, I notice a red car going pretty fast in the passing…
So i got charged with Hand Held Device, just want to ask everyone if i could use this as my defence
It was midnight, I was dropping my fiance to pick up something on north bound Yonge st (near church) with my emergency lights on, Officer came and asked me to move along so i went up a few streets and…
