78.1(1) ticket is not properly filled out by officer

Unread post by: **oldcrow613** on

78.1(1) ticket is not properly filled out by officer

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Unread post by: oldcrow613 on
Tue Aug 13, 2019 2:54 pm

today i got a 78.1, 615$
I got home and looked at the ticket. it is totally screwed up.
my name and address is someone elses, my plate # is wrong and the officer (MTO officer) did not capture my drivers lic #.

it seems to me this ticket is not mine.
There is no personally identifiable information on the ticket that could link it to me except that I have the paper ticket in my hand.

comments?

Unread post by: **iFly55** on

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Unread post by: iFly55 on
Mon Aug 19, 2019 6:47 pm

This question has been discussed here in the past: general-talk/wrong-name-wrong-address-w ... t7911.html

This is very straight forward. You've received a Part 1 Provincial Offence Notice.

https://www.ontario.ca/laws/statute/90p33#BK15

I recommend that you read Provincial Offences Act section 3, 9 and 76, and sections with respect to appealing.

The officer has 30 days to write you a new ticket and serve it to you. Or within 6 months of the alleged offence they can serve you with a Part 3 summons.

It stands to believe that your ticket may have been switched with someone else. Hopefully, the other party doesn't just pay the ticket because that would result in an automatic conviction.

You can seek a paralegal/counsel, but your best course of action is to do nothing. If you're found under s9 of the Provincial Offences Act "Deemed not to dispute charge", you will receive a conviction letter in the mail and at this point you can file an appeal.

The golden numbers here are that the officer can still charge you with a Part 1 offence within 30 days of the alleged offence, and Part 3 summons within 6 months of the offence.

So if your appeal process takes place within a 6 month period, they can lay a Part 3 summons charge for this offence.

Unread post by: **oldcrow613** on

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Unread post by: oldcrow613 on
Mon Aug 19, 2019 10:17 pm

Hi, thanks for the reply. I looked over the ticket carefully and I can see 1 suspicious element. The license plate number captured is not mine, but is almost mine. It has digits transposed. Eg: if my plate is AB 12345, the ticket says the plate is AB 12354.

Again, even though the officer took my drivers license card, he didn’t capture my name on the ticket. I am wondering if rather than the speculation that I got someone else’s ticket and someone else got mine, that what actually happened is the officer entered my plate number incorrectly and this yielded the name and address for someone else. Like maybe the plate number he got wrong,ended up being a real plate for someone else and it is their info on my ticket. I say this because to get someone else’s ticket, I would think that I simply got the last ticket he wrote before he pulled me over. Which seems like a common error. But the ticket I have in hand is not even for the city I live in. So how could he get so much wrong while holding my ID in his hand? Perhaps he entered my plate number into his system incorrectly and this ended up matching someone who lives like 500kms away.

78.1(1) ticket is not properly filled out by officer

78.1(1) ticket is not properly filled out by officer

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