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Ontario Highway Traffic Act

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What happens if there is error on a Ticket?
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PostPosted: Fri Sep 17, 2010 6:49 pm 
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I was given a ticket when I turned on a no turn sign street.
After a couple of days, I noticed an error on it. My plate number was not fully written on the ticket.

I heard that if a mistake is made on a ticket, it means that the ticket is invalid. Is that true? If yes, could anybody show the Traffic Act paragraph number which I could use to dispute the ticket?
Thanks,


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PostPosted: Sun Sep 19, 2010 10:53 am 
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That's probably not a fatal error. If you fight it in court, which is the only way they would know there is an error they can amend the certificate. But I'm not sure if they would even need to since the officer would probably give evidence as to the correct plate.

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PostPosted: Sun Sep 19, 2010 1:19 pm 
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ervinn wrote:
I heard that if a mistake is made on a ticket, it means that the ticket is invalid. Is that true?


Not exactly. In your case, the ticket is still valid. A mistake or omission of the licence plate number won't get it thrown out.

The mistake has to be huge in order for it to be tossed: The defendant's name is completely wrong or missing; the charge is missing; the location is completely wrong/missing; the set fine and/or total payable is incorrect; the offence cited is not known to law; or the officer's signature is missing.

It's not in the HTA. It's actually the London v. Young ruling by the Ontario Court of Appeal.

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Error
PostPosted: Wed Oct 20, 2010 9:22 pm 
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I was travelling down Van Horne Ave and pulled over on King St. The ticket says I was pulled over on Van Horne Ave and has the wrong birth date. My Birth Date is 02/12 the ticket say 02/21.


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PostPosted: Wed Oct 20, 2010 9:49 pm 
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The ticket lists the location of the offence, not the traffic stop. If you committed the offence on Van Horne, then it is correct. Incorrect birth date is not sufficient to get the ticket quashed.

Can you tell us what you were charged with, and maybe some more detail? There could be other ways of fighting the charge.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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Re: What happens if there is error on a Ticket?
PostPosted: Tue Apr 05, 2011 12:27 am 
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I got a speeding ticket today. All the information on it is correct, but the charge is written:
Speeding km/hr in a km/hr zone.
No numbers. Would this constitute a fatal error?


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Re: What happens if there is error on a Ticket?
PostPosted: Tue Apr 05, 2011 10:41 am 
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oldenough2know wrote:
I got a speeding ticket today. All the information on it is correct, but the charge is written:
Speeding km/hr in a km/hr zone.
No numbers. Would this constitute a fatal error?


See this thread: topic2958.html

There is some case law that says if the fine is correct, the actual amount doesn't need to be on the ticket.


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Re: What happens if there is error on a Ticket?
PostPosted: Tue Apr 05, 2011 4:25 pm 
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Stanton wrote:
oldenough2know wrote:
I got a speeding ticket today. All the information on it is correct, but the charge is written:
Speeding km/hr in a km/hr zone.
No numbers. Would this constitute a fatal error?


See this thread: topic2958.html

There is some case law that says if the fine is correct, the actual amount doesn't need to be on the ticket.


Thanks for the link. That's pretty clear.


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Re: What happens if there is error on a Ticket?
PostPosted: Fri Apr 15, 2011 6:16 pm 
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Hey i recently recieved a ticket for "failure to stop at a stop sign" and i wanted to take it to court becasue i belive i stopped. It was not possible for the officer to see a stopped vehicle from where he was becasue of trees and other obstructions. Anyways today i got my court notice in the mail and it says the act happened on mAyer road, however it happened on mOyer road. Ive heard that if there are wrong things posted on tickets you can get them thrown out. I dont remember what the actual ticket said because i handed it in, but is it possible that i can get this thrown out that way?


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Re: What happens if there is error on a Ticket?
PostPosted: Fri Apr 15, 2011 6:51 pm 
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Misspelled road is not a fatal error. All that needs to be proven is that you committed the offence on a highway in the judicial region.

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Re: What happens if there is error on a Ticket?
PostPosted: Sat Apr 16, 2011 11:50 am 
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boek9 wrote:
. Anyways today i got my court notice in the mail and it says the act happened on mAyer road, however it happened on mOyer road. Ive heard that if there are wrong things posted on tickets you can get them thrown out.

that is also just a "court notice", not the official charging document.

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