Speeding ticket - clerical error | GTAMotorcycle.com

Speeding ticket - clerical error

G

gaihosa

Well-known member
Riding in the Thunderbay area and got a speeding ticket. A few things happened that I have questions.

Officer used opposite direction radar. Did not show me a read out. In this case are they supposed to?


The speeding on the ticket is not legible. Is this considered a fatal error?

Two other officers came along later and asked me questions also. Can they be called to trial also and how do I go about finding out who they are.
 
gaihosa said:
Riding in the Thunderbay area and got a speeding ticket. A few things happened that I have questions.

Officer used opposite direction radar. Did not show me a read out. In this case are they supposed to?


The speeding on the ticket is not legible. Is this considered a fatal error?

Two other officers came along later and asked me questions also. Can they be called to trial also and how do I go about finding out who they are.
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They do not have to show you the instrument reading.

The ticket doesn't have to be legible to you.

The officer who witnessed the speeding will be the one called to give evidence. The other two are irrelevant to the speeding part of the charge if they did not witness the speeding or some other aspect of your driving.
 
The only possibility is on the fatal error.. but that depends on how bad he messed it up. The pic below is a ticket I recieved a few years back and it was tossed on the error. I was informed by a JP friend that the correction and the fact that the offense makes no sense would both be considered grounds iirc.. but it was a while back and I don't remember the conversation entirely

2016-08-15%2023.33.29.png
 
Spoke to my sources

fight the ticket, it should be dropped, it's not legible, and if their was a correction made, the officer should have initialed it

good luck

you might win, you might not, it depends on the JP, the Prosecutor, but you might as well try, go for an early resolution, first attendance meeting if you can, sometimes if your far away, you can try via email etc.

.
 
Corrections must be initialled by the officer.
You do not have to attend yourself. If you know someone in Thunder Bay, they can appear as your agent.
Give them instructions to make a motion to quash the ticket as improper due to the un-initialed correction.
If the motion fail, tell them to plead guilty. An agent can't plead not guilty unless they were present at the time of the infraction.
Have them ask for time to pay any fine.
 
GateKeeper said:
Spoke to my sources

fight the ticket, it should be dropped, it's not legible, and if their was a correction made, the officer should have initialed it

good luck

you might win, you might not, it depends on the JP, the Prosecutor, but you might as well try, go for an early resolution, first attendance meeting if you can, sometimes if your far away, you can try via email etc.
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I was strongly advised against this with my fatal error experience. Apparently the crown can make the correction at early resolution.
 
Let me guess, just outside of wawa in the middle of nowhere?
 
Neil_V said:
I was strongly advised against this with my fatal error experience. Apparently the crown can make the correction at early resolution.
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early resolution/first attendance, if these are not the same, then setup for first attendance, and see what the Prosecutor has to offer, if you don't like, go to trial

some folks call it one name some the other

either way, the ticket should be tossed, as it is not legible and not initialed by officer

.
 
GateKeeper said:
Spoke to my sources

fight the ticket, it should be dropped, it's not legible, and if their was a correction made, the officer should have initialed it

good luck

you might win, you might not, it depends on the JP, the Prosecutor, but you might as well try, go for an early resolution, first attendance meeting if you can, sometimes if your far away, you can try via email etc.

.
Click to expand...

The HTA section for speeding from 1 up to 49 km per hour over the speed limit is the same regardless of speed involved. The OP is charged with speeding, not 114 in a 90, not 124 in a 90, but just speeding as far as HTA sections go. The speed actually written down on the ticket can be amended at trial as long as the HTA section for speeding is properly written on the ticket.
 
griff2 said:
The HTA section for speeding from 1 up to 49 km per hour over the speed limit is the same regardless of speed involved. The OP is charged with speeding, not 114 in a 90, not 124 in a 90, but just speeding as far as HTA sections go. The speed actually written down on the ticket can be amended at trial as long as the HTA section for speeding is properly written on the ticket.
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The ticket is not legible, has errors on it, and it was not initialed by the officer, for the corrections made

more than likely it will be tossed....

everything you said above could be true, but it should not apply to the OP

By the way, my source is a Prosecutor, and was advised if fought it would be tossed,,,,,but that is for the the JP to decide and no one can predict what they will say or do......
 
I read it initially as 614KPH, so yeah, it's not clear at all. I'd fight it. Heck, for this I'd consider a paralegal actually, likely cheaper than going back up there again.

smergy said:
Let me guess, just outside of wawa in the middle of nowhere?
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Speeding is speeding, it doesn't matter where you are.
 
don't speed where there are limits, take it to the track or else whatever, but good luck
 
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PrivatePilot said:
I read it initially as 614KPH, so yeah, it's not clear at all. I'd fight it. Heck, for this I'd consider a paralegal actually, likely cheaper than going back up there again.



Speeding is speeding, it doesn't matter where you are.
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but it can depend who you are & or who you know
 
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GateKeeper said:
early resolution/first attendance, if these are not the same, then setup for first attendance, and see what the Prosecutor has to offer, if you don't like, go to trial

some folks call it one name some the other

either way, the ticket should be tossed, as it is not legible and not initialed by officer
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One and the same; FWIW I was told by a Justice friend there is availability for the prosecutor to amend the mistake at early resolution, I'd avoid the risk. I hired a paralegal as it's cheaper than me taking a day off work; that and they know the legalese inside out and won't get caught out by saying/doing the wrong thing in court which can easily get you convicted even when there is grounds for dismissal.

There is a particular sub-section of the HTA dealing with these errors which I can't recall at the moment, but the guy I hired looked at the ticket and said "oh yeah this is contrary to section 'blah blah blah', I'll have it tossed".

OP, if you're going to fight this yourself, I suggest you find and reference that subsection before going to trial as I doubt standing there saying "but it makes no sense" will get you far.
 
It doesn't "look" like it was a correction, but rather the officer didn't put the seperator, in place when writing the previous ticket and had "bleed through"

OP I would seek disclosure, SPECIFICALLY ask for a copy of the officer's ticket, If indeed your copy has "bleed through' and his copy is clear, then there is no fatal flaw. Either way it will depend upon the Crown and JP to decide if it is indeed a fatal flaw. Seems like a long way to go, or to trust a local ticket fighting firm, (they may just take the money and get you a "win" by getting it slightly reduced).
 
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