Ontario Highway Traffic Act

The bus driver CAN report your license plate number on the car, and police can come to investigate.

But remember you do NOT have to answer any questions the police ask you about the incident. Learn your rights and do not self-incriminate yourself.

The officer probably should not file it, but could filing a whole stack of tickets and not notice the error.

You can probably ask on the phone what the set fine and total payable says. If they give you a number then you know it was filled in. Once you are convicted you should receive a notice, and that is when you file the appeal.

Your original ticket wil have a SET FINE and a TOTAL PAYABLE.

The TOTAL PAYBLE usually is the SET FINE + Court Costs + Victim Surcharge.

When convicted at trial, for some offences the JP can use a Statuatory Fine instead of the Set Fine. Anyways you would have ask the Provincial Offences Office for the final breakdown of whatever they say you owe ...

You can call the clerk at the provincial offences office and ask them what date the ticket was filed on. If they say it wasn't filed, then that is good news. If they say it was filed, you can go ask to see the original that was filed and see if the information was filled in or not.

But officer is NOT allowed to change the ticket after he gives it ...

Yes, if nothing gets filed then you are off the hook. If it gets filed and JP notices then mistake then you are also off the hook.

If it gets filed and the JP does not notice the mistake (or the officer corrects before filing it) then you still need to NOT respond and do an APPEAL when you get notice of the conviction.

I have no idea how to deal with RCMP. I have only dealt with OPP and Municipal Police in Ontario.

Call the provincial offences office and ask them and they will tell you where you need to file things.

Is the officer that gave you the ticket the same one that says they saw you on the phone?

It can be general as "Justice of the Peace made an error at law".

1. Most likely they will have disclosure ready for you at the trial date, so just wait until then. If they give it to, then I would request an adjournment (new trial date) as you need time to review the disclosure and decide what you are going to do. If they do NOT have it ready, then I would ask the JP have the charge dropped because they are not ...

Congratulations, you have a fatal error!

Do NOT respond to the ticket. Put the ticket in a safe place (and maybe scan a copy of it as well for safe keeping).

There are two outcomes when you do not respond to the ticket:
(1) A JP will look over the ticket and if they notice the error, they will quash it and charge will be dropped and you will not ...

Yes OTD makes good point, so let me clarify what I would do...

If offered the 49 over speeding charge, I would then nicely ask if I can review disclosure before deciding whether to accept it or not.
- The prosecutor may say YES which is what you want because now you can review officers notes to see if there are any problems/errors and then decide ...

Thats a good point.

They will probably argue something like the interview and possibility of suspension is in the statute so it is part of the same conviction. They could also argue that even if it violates the charter it is an acceptable violation under section 1 of the charter.

But if it was me and I got suspended, I would still go for a ...

If you just plead guilty then you will be convicted, which is the same as going to trial and losing.

So no, it is not better to just plead guilty. You might as well go to trial and TRY to beat it, versus just pleading guilty to the charge.

However, if they offer you a deal (like 49 over speeding) then you may want to take this deal and plead ...

At the summons date, you will want to talk to prosecutor.

If they offer you a deal for Speeding 49 over, then you should probably take that and run. Here is why...

49 over speeding is usually just a MINOR conviction with most insurance companies (possibly small increase), although some may consider it a MAJOR (possibly a larger increase).
On the ...

No its not bad. I was going to tell you to make sure you did send it to your insurance if you had not.