I'm a 25 year old with a G2 and I got charged with young driver BAC Above Zero and failure to stop at stop sign. The officer made a mistake, I should have been charged with novice driver BAC Above Zero. What's my chance of beating it?

First of all, do NOT tell them about the mistake. They are allowed to re-issue the charge if you tell them there is a problem.

Second, it is a serious charge so you may want to consult with a lawyer. I would interview 3 or 4 lawyers before you decide to go with one.

Did you get a ticket (Notice of Offence) or a summons?

If a ticket, then I would plead NOT GUILTY and request a trial with the officer present, and then consult with a lawyer.

jsherk wrote:

First of all, do NOT tell them about the mistake. They are allowed to re-issue the charge if you tell them there is a problem.

Second, it is a serious charge so you may want to consult with a lawyer. I would interview 3 or 4 lawyers before you decide to go with one.

Did you get a ticket (Notice of Offence) or a summons?

If a ticket, then I would plead NOT GUILTY and request a trial with the officer present, and then consult with a lawyer.

I have pleaded not guilty already. Would it be possible for them to charge me novice driver BAC Above Zero instead during my trial. It has been over 40 days since I was issued the tickets

I don't know the answer to that question because I believe this is a criminal offence as opposed to provincial offence. With provincial offences, like speeding, they have up to 6 months to re-issue a new charge. I am not sure how it works with criminal charges.

This is not a criminal charge...

Young Driver: means a driver who is under 22 years old.

Okay if it is not a criminal charge then the 6 months apply...

You plead not guilty and request a trial with officer present.

You wait for your notice of trial and if the date is more than 6 months away then you just sit and wait and do nothing until you passed the 6 months mark. After the 6 months you request disclosure and then wait for the trial. Show up for trial and let them know that were not under 22 at the time and it is the wrong charge.

If you are sure you had a fatal error on 1 ticket (since your DOB in on the ticket) I would have forced the fatal error on 1 ticket and fought the other one in court. Too late now they can in theory amend attempt to amend the charge before the trial starts.