Observer135

OK, lets start by stating that I am new so, please take it easy on me.
Looking around at some of the posts in this forum looks like there are few well educated people who know what they are talking about when it comes to fighting a traffic ticket.
OK, some one told me that if the police has charged you incorrectly, you can get it dismissed even when you admit to a violation worst than what you were charged with. In his case, he tells me that he was charged with unsafe lane change but he should have been charged with wreck-less driving, he went to court and told the justice of the peace that according to HTA he should have been charged with wreckless driving not unsafe lane change and the charges were dismissed.
Does any one know if this is true? Does it make sense to you? Kind of strange to me...
The second part of my question is, if you were charged with speeding, which is what I was charged with, and your ticket says you were doing 68 in a zone of 50, assuming you prove that you were doing 58 in the zone 50, would this be grounds for dismissal of the charge or would it mean a simple reduction?
Thank you all in advance for your time and inputs.

xcopper2

Actually it makes perfect sense doesn't it? The idea is not that you be handed a yellow piece of paper and told, "Just come to court to find out what you're gulty of". If you went through a stop sign, and charged with a red light, should't you be acquitted? There rests a substantial burden on the police to be as accurate as possible in their allegations as you have a Charter guarantee to make full answer in defence, which is clearly reliant on that accuracy. The charge of speeding, (Sec 128 HTA) is the only offence in the act which contains "lesser included" offences. You have to be doing 20 over before you can be doing 30 over, right? So if for whatever reason, unlike the stop sign example, the court is not satisfied you were travelling at 30 over, but perhaps just 20, it could lawfully enter a conviction at the lower rate. Duzzat help?

Observer135

Yes, that does help and thank you...
I was confused while reading it, I must say, but once I read the entire reply and let it sink in, then it was clear and I see what you mean.
Thank you