Errors
and Mistakes on Speeding Tickets
Any
ticket issued by a Police Officer has to be properly written.
The
legal term is that the ticket has to be “proper on its face” meaning
no “fatal errors”.
Most
minor
mistakes can be corrected at court by the prosecutor. For example there
maybe a mistake in the spelling of your name or the year of the car, these mistakes are minor
can be corrected by the prosecutor at court.
Many mistakes are not even crucial to
the charge and are not necessary to correct to
obtain a conviction. For example
although the licence plate number may be wrong on the ticket, all the
officer has to say is that he saw the driver operating a motor
vehicle. For the officer to obtain a conviction he doesn't have to describe
the vehicle at all, he just has to say that he saw you driving a "motor
vehicle".
Fatal
errors are mistakes that will get the ticket cancelled.
Fatal mistakes are
not fixable by the prosecution, for example the officer did not put his
name on the ticket
, or the jurisdiction (location) is missing from the ticket.
Unless
the defendant/driver knows what the fatal errors are, they is not qualified to represent themselves in court and
risk being
unnecessarily convicted. As with any traffic ticket its important to have
a trained professional like Ontario Traffic Tickets examine the ticket for errors or you risk being unnecessarily
convicted.
As well as examining the ticket issued to the driver its
important that the original ticket is also examined before any charge is arraigned.
As the original ticket is sent to the court by the officer, the only time
you get to view the original is if attend at the court administration or
on the trial date.
There
are at least seven items that need to be checked on the original ticket
before any conviction is registered by the court. Unless the
defendant/motorist has the training, knowledge and experience to know what
to check for and how to make the proper motion to the court they risk being
needlessly convicted of the offence.
Fatal Errors on Speeding
Tickets
Before
entering a conviction the Justice of the Peace is required to examine the
certificate (the courts copy of the speeding ticket) for fatal errors.
If
the Justice of the Peace finds a fatal error on the ticket he should
“Quash the Certificate". If the Justice of the Peace misses or
isn't made aware of the
fatal error a conviction may be registered.
A qualified court agent from OntarioTrafficTickets would be
able to identify any fatal errors and if need be, point them out to the
Justice of the Peace allowing for the case to be dismissed.
Any
ticket issued by a Police Officer has to be properly written.
The
legal term is that the ticket has to be “proper on its face” meaning
no “fatal errors”.
Minor
mistakes can be corrected at court by the prosecutor if they make an application to
the court. For example there
maybe a mistake in the spelling of your name, address, or the year of the car but
these mistakes are minor can be corrected by the prosecutor on the trial
date. Many mistakes may not even be necessary to correct the mistake for the prosecutor to
obtain a enter a conviction.
Fatal
errors are mistakes that will get the ticket cancelled. Fatal mistakes are
not fixable by the prosecution, for example the officer did not put his
name on the ticket
, or the fine is missing from the ticket.
Unless
the defendant knows what the fatal errors are for a speeding ticket, the driver
is not qualified to represent themselves in court and risks being
unnecessarily convicted as with any traffic ticket is is always important
to get qualified legal advise from Ontario
Traffic Tickets
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