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cburgs
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Wrong Address, Is The Speeding Ticket Invalid?

by: cburgs on

I was on the 401 near chatham and was clocked doing 126kmh. I was fined for doing 115kmh. This happened on a Monday. That prior FRIDAY I had changed my address. The cop had asked why my drivers license card had a different address than what he had on file...


So on my speeding ticket he wrote my OLD address which was on my drivers license that I gave him. But yet his files showed my new address.


Should this ticket be fought in court for him not writing my current address on my ticket?

jsherk
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by: jsherk on

Wrong/different address on ticket will not get the ticket dropped. It is irrelevent to the charge of speeding.


I suggest you plead NOT GUILTY and request a trial with the officers present. Once you get your Notice of Trial, you can request disclosure (officers notes and speed measuring device manual). Once you get officers notes, post them here so we can give you more advice.


Remember that even a 0 demerit charge of 15 over can still cause your insurance rates to go up.

+++ This is not legal advice, only my opinion +++
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bobajob
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by: bobajob on

is there a list of fatal flaws in a ticket posted somewhere?


txs


jsherk wrote:Wrong/different address on ticket will not get the ticket dropped. It is irrelevent to the charge of speeding.


I suggest you plead NOT GUILTY and request a trial with the officers present. Once you get your Notice of Trial, you can request disclosure (officers notes and speed measuring device manual). Once you get officers notes, post them here so we can give you more advice.


Remember that even a 0 demerit charge of 15 over can still cause your insurance rates to go up.

--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
jsherk
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by: jsherk on

Here: http://www.ontariohighwaytrafficact.com/topic1965.html


And there is some good info on this site: http://ticketcombat.com/offences/fatal.php


Just note that over time some of these things may have change!


So an incorrect Set Fine which IS a fatal error, but I believe the courts have decided that incorrect Total Payable is NOT a fatal error any more.


Also I believe it is different now if you bring up a fatal error at your trial, because the prosecutor can simply ask the JP to amend the ticket and fix it right there on the spot and then your trial continues as if there was no error. So you need to learn how to force a fatal error by not showing up for trial (but they may still find you guilty and then you have to appeal to win).

+++ This is not legal advice, only my opinion +++
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bobajob
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by: bobajob on

txs buddy;


yeah I've seen some threads about keeping mouth zipped or not turning up


TBH; that would freak me out, have visions of cops turning up at my door


jsherk wrote:Here: http://www.ontariohighwaytrafficact.com/topic1965.html

And there is some good info on this site: http://ticketcombat.com/offences/fatal.php


Just note that over time some of these things may have change!


So an incorrect Set Fine which IS a fatal error, but I believe the courts have decided that incorrect Total Payable is NOT a fatal error any more.


Also I believe it is different now if you bring up a fatal error at your trial, because the prosecutor can simply ask the JP to amend the ticket and fix it right there on the spot and then your trial continues as if there was no error. So you need to learn how to force a fatal error by not showing up for trial (but they may still find you guilty and then you have to appeal to win).

--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
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