CryoSLASH

all it says is speeding and the set fine. so i am in the clear correct? it doesn't determine how fast i was going, so i should be good correct? Quite a big mistake on a ticket if you ask me. Good thing too, that cop was a complete .
-Thomas

fivelitreboss302cobra

If there is no speed, I am 100% sure the judge will throw the ticket out because of the error on the ticket. Couple years ago a cop misspelled my last name and went to court and the judge tossed the ticket out. The name on the ticket wasn't me. Thank God for that it was a 37 over speeding ticket.

slow_teg

what did he put for the set fine? ya you should be clear take it to court and when you file for a court date ask them for a desclosure, that way you know what the cop put in his note book. he might have written something down. not that it should do anything but better be safe to see what he wrote.

Bookm

Personally, I wouldn't file for disclosure in this case. Especially not within 30 days of the offence. If the officer became informed of the error within the 30 days, he could issue you a corrected citation. I would wait 14 days, then file with the court a not-guilty request. Wait for your court date to arrive in the mail. The court date will likely be over 30 days from the offence.

Court Day:
Before court opens, the crown will meet with you briefly. Point out your issue with the ticket and ask him to withdraw the charge. If he refuses, wait for your case to be called, then challenge the charging document (the ticket), before your plea. If you do not object at trial, it will be considered to have been accepted by you, and you will not be able to appeal the judges decision based on this defect.

Also, when challenging the citation, it's important to describe to the JP the confusing circumstances at the traffic stop. You should descibe the officers irrate behaviour which led to confusion over the charge (the officer wasn't clear regarding your alledged speed). Remember, make this statement BEFORE your plea. If the JP refuses to quash the citation, plead not-guilty and ask for a continuance to seek legal council. You may get lucky and the cop won't show on your second date (won't be his scheduled court day).

Be advised that the JP CAN allow a continuance while the prosecution obtains further evidence. The judge may (if asked) award costs to the defendant (ie. pay for another day missed from work) if the continuance is allowed. If the continuance is allowed, you can only hope that the cop didn't write down your speed (and the speed limit) in his notes.

"Speeding" has many levels of severity and punishment. You have every right to know what speed you are being charged with so you can make an informed decision on how to handle your defence.

CryoSLASH

Thanks guys! i will go to the courthouse and tell them i am fighting the ticket before hand tomorrow! Thanks again.
And it makes sense too, i was talking with my friends yesterday and they're like how fast were you going, and i told them, i honestly have no idea because i wasn't going that fast as some old man was right behind me and on top of that i didn't know the zone speed either. My last question, are the courthouses open on Sundays? that would make it 14 days, if not i will just go on the Friday anyway making it 12 days.

Bookm

I'm pretty sure weekends are excluded when "counting days" but I'd go on the Friday just in case.

Don't go tomorrow, wait 'till Friday. Be sure to keep a copy of the ticket for yourself. And be sure to check off "officer requested for trial" (or whatever that box says on the back of the ticket). You'll probably get ambushed by the prosecutor when you go in (to try to make an early deal), but I'd tell him your not ready to bargain yet and you'll consider something on the day of the trial. He'll probably press you to deal NOW, but don't show your hand. Try to get out quick (your ride's waiting or something) so he's not apt to take a look at that ticket. If he see's it, he may have it amended and re-issued.

xchevy93x

i dont think that whatever notes the cop wrote, should decide, what if he didnt write it down, and later noticing his mistake writes it up weeks later to cover his ***,
but i guess its ultimately up to the judge, even tho i think it should be thrown out.

CryoSLASH

i looked it over, he wrote down the wrong time (and i have my supervisor from work as my witness ) AND the wrong year of my car by 10 years :thumbsup:

Bookm

These errors may help by showing the officer is prone to mistakes, but both of them will be amended by the JP and the trial will continue. Though they aren't fatal to the crowns case, they should still be brought up in cross-exam.