No date on speeding ticket..... | GTAMotorcycle.com

No date on speeding ticket.....

Lickety-Split

Lickety-Split

Well-known member
First off, I did search the forum but couldn't find a definitive answer.

So, I got a 15 over ticket yesterday (was dropped from 68 in a 40 to 55 in a 40).
The ticket has 2011 but no other date/time info. Is this a critical error on the ticket - hence a throw out case?

Also the HTA states that for speeding violations less than 20km over the limit, the fine should be $3/km. Should that not be a $45 fine? It says $37.50 in the ticket. Another error?

Thanks for any input.
 
traffic court judges are allowing corrections to be made on tickets at trial, for all sorts of reasons. . .

. . .i stand to be corrected, but i suspect this is one of them. maybe one of the paralegals on here can chime in?
 
No date on the ticket is pretty sketch. Fight it anyways. I had a ticket 144 km on the 403 but the ticket got thrown out because the cop didn't write the posted speed limit on the ticket just that I was going 144. Good luck!
 
The Ontario Court of Justice set fine schedule shows $2.50 per km fine for speeding 1 to 19 kmph, so that $37.50 is correct but there should also be a $10 victim surcharge plus a $5 court fee added in on top of that. However, that can be amended in court.

A missing date can be cause for a fatal error, but an incorrect date or time is not. Your date is not "missing", it's incomplete. Whether a JP looks at that and calls it "missing" or "incorrect" could go either way.
 
File it and see if it get quashed. The JP handling the ticket will quash the ticket or process it. Most chances are, they will quash it.
 
Whatever happens, you have the Holy Trinity to fall back on (No-show, lack of disclosure, 11b)
 
DO NOT FILE ANYTHING. Ignore it and you are considered FTR, failure to respond. They are no longer allowed to amend the ticket and wrong set fine amount is a fatal error. Now most likely you will be convicted and sent a notice in the mail. Wait until you get this notice and then file for appeal, if you don't get the notice, congratulations you had a JP that took the time to properly review your ticket and quashed it.
 
daught said:
ticketcombat take on forcing a fatal error

http://www.ticketcombat.com/offences/fines.php#forceerror

Unfortunately you will have a conviction on your record until you appeal it.
Click to expand...


Also from that same web site on a different page it goes on to say that...


Many people mistakenly assume that an error on a ticket will get it thrown out of court. In reality the Court may amend the ticket at any time under Section 34 of the Provincial Offences Act. The only flaws that gets the ticket thrown out (fatal flaws) are:

  • no offence date;
  • no defendant’s name (if your name is misspelled, the ticket still counts);
  • no location;
  • missing officer’s signature;
  • unknown offence (e.g. speeding 70kh/hr in a 64km/hr zone);
  • the filing date is beyond seven days.
You can try to argue that the error in the document produces a failure to comply with regulations or legislation. However, this failure must be more than minor or inconsequential. It should void the document.


http://www.ticketcombat.com/step5/quash.php
 
It would appear that no offence date would be a 'fatal flaw' according to that excerpt
 
I had one parking ticket thrown out because my plate number did not match the number on the ticket. Had another for incorrect date. Which was lucky because I was a broke student at the time. :)

Good luck!
 
Fight it and attack the officer's credability. Say that if the officer cannot accurertly recall the date is it safe to assume he had the right vehicle or even the right rider. All you need to do is establish a chance the officer is wrong.
 
DUDE!!!! This means you get a FREE MOTORCYCLE!!!!
 
dmode said:
Also from that same web site on a different page it goes on to say that...


[/I]Many people mistakenly assume that an error on a ticket will get it thrown out of court. In reality the Court may amend the ticket at any time under Section 34 of the Provincial Offences Act. The only flaws that gets the ticket thrown out (fatal flaws) are:

  • no offence date;
  • no defendant’s name (if your name is misspelled, the ticket still counts);
  • no location;
  • missing officer’s signature;
  • unknown offence (e.g. speeding 70kh/hr in a 64km/hr zone);
  • the filing date is beyond seven days.
You can try to argue that the error in the document produces a failure to comply with regulations or legislation. However, this failure must be more than minor or inconsequential. It should void the document.


http://www.ticketcombat.com/step5/quash.php
Click to expand...

That's if you go to trial. The method I posted requires you to be convicted then you can appeal it.
 
Just an update. I checked the online payment system a couple of times and the ticket never showed up. I'm guessing the cop never filed it seeing his mistake. I went to the court office after 10 days (now too late for the cop to file it) and they advised that I should still follow my due diligence and file a not guilty. If it is not on file when the court office processes my form I will get a nice notice in the mail to that effect. I took their advice. Hopefully I don't get screwed ;) Worst case I have to go fight it.
 
Good luck!
 
roadtoruin said:
DO NOT FILE ANYTHING. Ignore it and you are considered FTR, failure to respond. They are no longer allowed to amend the ticket and wrong set fine amount is a fatal error. Now most likely you will be convicted and sent a notice in the mail. Wait until you get this notice and then file for appeal, if you don't get the notice, congratulations you had a JP that took the time to properly review your ticket and quashed it.
Click to expand...


I know the OP has gone a different route (and hopefully that works out for him) but for others reading this thread;

By following the above advice you run a big risk that upon being deemed not to dispute and convicted (if the mistake isn't noticed) and then failing to pay the fine, that your licence could get suspended for unpaid fines. This could result in finding yourself under arrest as a suspended driver, get charged for the same thing, have your vehicle towed and now need a ride home and now have to deal with a new court process. In the end it could all wash for you if you run your appeal, etc... but at what cost?

The decision as to if the risk is worth it to you is yours to make.
 
Last edited:
coyo said:
I know the OP has gone a different route (and hopefully that works out for him) but for others reading this thread;

By following the above advice you run a big risk that upon being deemed not to dispute and convicted (if the mistake isn't noticed) and then failing to pay the fine, that your licence could get suspended for unpaid fines. This could result in finding yourself under arrest as a suspended driver, get charged for the same thing, have your vehicle towed and now need a ride home and now have to deal with a new court process. In the end it could all wash for you if you run your appeal, etc... but at what cost?

The decision as to if the risk is worth it to you is yours to make.
Click to expand...

Uh, you get a notice of impending conviction or notice of conviction in the mail. If you don't get/read or completely ignore your mail then maybe this could happen.
 
roadtoruin said:
Uh, you get a notice of impending conviction or notice of conviction in the mail. If you don't get/read or completely ignore your mail then maybe this could happen.
Click to expand...

You wrote;

roadtoruin said:
DO NOT FILE ANYTHING. Ignore it and you are considered FTR, failure to respond. They are no longer allowed to amend the ticket and wrong set fine amount is a fatal error. Now most likely you will be convicted and sent a notice in the mail. Wait until you get this notice and then file for appeal, if you don't get the notice, congratulations you had a JP that took the time to properly review your ticket and quashed it.
Click to expand...

Do nothing and get convicted. It won't take them long to suspend your licence. You'll likely be able to use the described scenario to clear yourself in the end, but you run some risks getting there.
 
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