Hey, I got a ticket for 'improper right turn' form Yonge street onto Holmes ave (small st east of Yonge) however the cop wrote I made the incorrect right turn on Olive ave which is one street north of Holmes ave on Yonge st. What is the best way to exploit this error? also, I made the incorrect right turn because there was an illegally parked car (too close to the intersection) so I had to make a really wide turn into Holmes and ended up tapping a car (no damage but other car called the police leading to me getting the ticket). I will definitely fight the ticket however can i get it cancelled based on the ticket error??? Thanks!!
Hey,
I got a ticket for 'improper right turn' form Yonge street onto Holmes ave (small st east of Yonge) however the cop wrote I made the incorrect right turn on Olive ave which is one street north of Holmes ave on Yonge st.
What is the best way to exploit this error?
also, I made the incorrect right turn because there was an illegally parked car (too close to the intersection) so I had to make a really wide turn into Holmes and ended up tapping a car (no damage but other car called the police leading to me getting the ticket).
I will definitely fight the ticket however can i get it cancelled based on the ticket error???
Incorrect location is probably not going to be considered a fatal error. If you raise it the prosecutor will probably ask for it to be amended to the correct location and it's not really material to the charge since when you are arraigned the charge wording will only say that you are charged with committing the offence of unsafe turn on x date in "the city of Where Ever, in the said region", so the prosecutor really doesn't have to prove anything more than that it was somewhere in the city of Where Ever. That being said, you could possible make an argument that the error somehow prejudiced your ability to make a full answer and defence, thus constituting a breach of your s. 7 Charter rights, if it has actually prejudiced your ability somehow.
Incorrect location is probably not going to be considered a fatal error. If you raise it the prosecutor will probably ask for it to be amended to the correct location and it's not really material to the charge since when you are arraigned the charge wording will only say that you are charged with committing the offence of unsafe turn on x date in "the city of Where Ever, in the said region", so the prosecutor really doesn't have to prove anything more than that it was somewhere in the city of Where Ever.
That being said, you could possible make an argument that the error somehow prejudiced your ability to make a full answer and defence, thus constituting a breach of your s. 7 Charter rights, if it has actually prejudiced your ability somehow.
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record…
I'm going to preface this with a little concern....I know that at least one moderator on this forum is likely a co-worker of the officer who tagged me. I'm hoping that by being involved here, this moderator is already acting unbiased towards incidents he/she is not directly involved in. Also…
I received a ticket the other day that has my wrong name, wrong address and wrong set fine amount. Is the best thing to do default on it and hope it is quashed and if it isn't file for appeal as per London v. Young ?
Also for an incorrect offence or an offence "not known to law." as an example :
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could…
I got a ticket for going 20 km/h over 50 in Toronto around March of last year and received my court summons for a hearing in February 2012 approx. 3 weeks ago. Mailed out a request for disclosure a week after that. It's now been 2 and a 1/2 weeks since the request and I was…