I got a citation for distracted driving. There were a lot of mistakes made by the police. Wrong date, failure to present me with the ticket personally as required. Can some one direct me to background information as to what rules have to be followed by the Police. Thank you!!
-
silvervirgo
- Newbie

- Posts: 2
- Joined: Mon Aug 27, 2012 3:35 pm
IMPROPER POLICE PROCEDURE
Re: IMPROPER POLICE PROCEDURE
You're going to need to provide a little more information since what police are required to do is very dependent on the actual situation/type of charge.
First, what were you actually charged with? What is the charge wording and section number?
Second, what type of form is the charge on? Is it a regular ticket with a fine on it? Or is it possibly a summons requiring you to attend Court?
Depending on what it is, the officer may not have to serve you personally. Nor is the wrong date necessarily a significant error.
-
silvervirgo
- Newbie

- Posts: 2
- Joined: Mon Aug 27, 2012 3:35 pm
Re: IMPROPER POLICE PROCEDURE
I was involved in a minor traffic accident on June 14, 2012. No damage to my car and about $50 damage to their car. They subsequently called the police to make a complaint. When the constable took my statement on the June 19, 2012, he told me that I was going to be charged under section 78.1(1) because I was looking at my phone while stopped at a red light. He didn't give me the ticket then but phoned me a couple of hours later to say that the statements were ready to be picked up at the police station. When I got to the station the next day, there was no statement but rather a ticket was waiting for me. I though this was surreptious at best.
The offense date on the ticket was marked February 14, 2012. He also didn't serve me personally as is stated on the ticket. I went to the traffic court to see if I could get the ticket rescinded. I was told that I would have to appear in court to get that done. I received a call from the constable a few days later saying that the ticket was being cancelled because of errors and a summons would now be issued.
I was served the summons a few days later, asking me to appear in court on August 20, 2012. The summons was issued on June 4, 2012 a full 10 days before the infraction. Another mistake, this time by a Justice of the Peace. I'm hoping that all these would cause a dismissal of the charges. The fine is $125 with a total payable of $155. I see a recent case in Toronto was dismissed on appeal. Thank you for your help.
Re: IMPROPER POLICE PROCEDURE
Someone more knowledgeable in the Court process might give better advice, but I'm not sure you have a clear win.
In regards to the original ticket, even if the errors did constitute a fatal error, I'm not sure it's still relevant since a summons has since been issued.
As for the summons itself, I'm not sure an incorrect date of issue would invalidate it. Does the error prevent you from preparing a proper defence? Probably not. The other issue is that the Crown can amend any errors at trial.
Again, someone more versed in the Court process and finer legal points might be able to give better advice. Maybe consult with a paralegal and see what they say.
Similar Topics
-
-
- proper procedure
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By knowjustabit on
- Replies: 8
-
-
-
- What's the proper procedure to pass a car on a 2 lane road?
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By TA462 on
- Replies: 42
-
-
-
- Proper Procedure for Pulling Over and Note Taking?
- Posted in General Talk
- By FireFlash on
- Replies: 1
-
-
-
- Trial in 9 days, going in alone! Lots of procedure Q's
- Posted in Courts and Procedure
- By ponyboyt on
- Replies: 10
-
-
-
- Need Advice - Courtroom Procedure
- Posted in General Talk
- By SolveARealCrime on
-
-
-
- trial procedure
- Posted in Courts and Procedure
- By mathers on
- Replies: 1
-
-
-
- Plea Bargain procedure
- Posted in General Talk
- By iamnam on
- Replies: 2
-
-
-
- Procedure for meeting with the crown attorney
- Posted in Driving While Suspended
- By teepee24 on
- Replies: 1
-
-
-
- Proper procedure for license reinstatement
- Posted in General Talk
- By jdavid on
- Replies: 3
-
-
-
- best procedure for 3 tickets in one day and 3 points
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By outofmyelement on
- Replies: 1
-
-
-
- Feel Like the proper procedure wasn't followed, need opinion
- Posted in General Talk
- By AK108 on
- Replies: 5
-
-
-
- Operating Procedure for Bee III Radar
- Posted in Police Clothing and Equipment
- By Mike4064 on
- Replies: 1
-
-
-
- 120 in 100 -- Did he follow proper Procedure?
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By Gator on
- Replies: 2
-
-
-
- summon ticket court procedure
- Posted in Summon
- By labuser on
- Replies: 3
-
-
-
- Charged with careless - procedure questions
- Posted in Careless Driving
- By C_B on
- Replies: 14
-
-
-
- Improper vehicle description on disclosure and improper signage?
- Posted in Speed Traps
- By probe1989 on
- Replies: 2
-
-
-
- ticket for improper left turn
- Posted in Improper left turn
- By bellesunday on
- Replies: 1
-
-
-
- improper left turn into middle lane instead of the left
- Posted in Improper left turn
- By Helen on
- Replies: 1
-
-
-
- Improper Left Turn
- Posted in Improper left turn
- By Betty on
- Replies: 1
-
-
-
- Improper Left turn on oneway street
- Posted in Improper left turn
- By smallfive on
- Replies: 17
-
Featured Topics
Construction Zone - Sped Up to Allow Traffic In - Speed Trap
Hello,
First time to the thread and I have a question about an offence that just occurred in Ontario.
I was driving along the 401 and an 80km/h zone came up with the usual "When Workers Present Disclaimer".
I slowed down - I was probably averaging 95km/h with traffic, but it was congested so no faster than that.
As I approached a bend in the 401, there were police on the side of the road. I am in the…
Speed traps
We all know that numerous police agencies around Ontario (and world for that matter) set up speed traps in inconspicuous locations to catch motorists who are speeding.
If you know of any speed traps that are in regular use please post them here for all to know and avoid speeding fines.
Format: Town, Location, Direction, known days of operation (if known).
For example: Toronto, Bloor and Younge,…
95km/h in E0 km/h zone - Fatal error??
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.
The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can probably guess he intended to write an 8 but that is not what is there it is an incomplete 8 and…
help – an old version yellow ticket,effective or not?
Need some help as i was given a old version yellow ticket(Form4) with improper left turn by an officer last week, which is old version printed by 2009. Then two days later, the officer found me giving a new version ticket with color green(Form4), printed by 2012. The details on face pages for two tickets are similar, but back sides are different. My question is first yellow ticket is effective or…
what is Decatur Genesis II Select Directional VIP?
I was charged of speeding, but I don't know what the radar Decatur Genesis II Select Directional VIP is? please let me know what kind device is this and if any one have the manual can you give it to please pleaseeeee.
125km/h in a 80km/h zone - Interesting Day at Trial
Here's the story:
Oct 1 2009: charged with Speeding
Nov 19 2009: requested for a court date
Dec 22 2009: received a court date for Apr 11 2010
Dec 30 2009: Requested Disclosure
Feb 2 2010: requested follow-up on Disclosure
Feb 12 2010: recieved disclosure pickup
Feb 14 2010: pickup disclosure
Mar 4 2010: requested on the missing disclosure. Including Officer's train, Certification, Proceedure of…
How to avoid a speeding ticket!
Heres a great article from Yahoo Auto's.
Defense for Sign not Visible
Recently I got a ticket for disobey sign under the HTA. From where I turned on to the street, the sign was visible for less than 10 metres, during which time I was performing safety checks for upcoming turn. ( I'll post full details after I first get some advise. )
What is the best defense for this? I took some digital pictures but my camera does not do .raw photos and at that time I had not…
nailed with 144 km/h in a 100 zone, hwy 400
Hi All,
Hope that everyone is enjoying their long weekend.
A little advice is what brings me here.
On Friday evening, I was headed north on the 400. I'm sure as you can imagine this was a busy time to drive.
I was pulled over in a speed trap, the officer stated to me I was doing144 in a 100 zone . I didn't argue didn't say much. I was fairly shooken up.
What had happened is I ended up getting stuck in…
Improper Left Turn on a four-lane road
I was turning left from Creditview into the left lane of Argentia Road (in Missisauga), while a police cruiser driving the opposite direction turning right into the right lane of Argentia Road. As I saw the cruiser turning right into the right lane of Argentia Road, I also turned left into the left lane of Argentia Road. The officer stopped me and told me that I was wrong, I had to wait until…
49 Over on the 400 + some extra goodies...
So I was on my way home, going a solid 120 as usual in the fast lane. Someone decides to cut me off going less than 100. I do a quick double lane change and speed up unknowingly hitting apparently 150. After speeding for a mere 20 seconds, I am pulled over. Cop says he reduced the ticket to 49 over, I was charged $359 for that. Of course, my insurance isn't in my car... I had to take it out…
Improper Left Turn Offence (Yonge & Dundas)
Hello all,
After doing quite a bit of research, I stumbled across this forum and thought it would be a good idea to get some opinions about the situation that I currently find myself in. Hopefully some of you may have experienced this in the past and can provide me with some guidance for the best course of action. Thank you in advance for all your help. I greatly appreciate it.
So here's what…
Passing a car that was accelerating going downhill
I was driving on a two-lane Trans-Canada route where the indicated speed limit was 90 km/h and following a car for about 15 minutes. That car was going between 70 to 80 whenever there was a curve or a hill going up ahead. Passing was either not permitted or not safe in those sections. However, whenever there was an opportunity to pass that car, the driver would increase its speed to about 115…
Refund on towing fee related to dismissed parking ticket
Hello,
My elderly mother received a city bylaw ticket (Ottawa) for parking on private property. A tow trunk was at the scene to tow the vehicle, and they charged a "drop fee" to unhook the vehicle right away. The bylaw officer who issued the ticket was present and said that the ticket would get dismissed in court (as it was issued in error), and that there should be a way to apply to get the tow…
Black Thursday! I got 3 tickets in one trip!
I went to Huntsville for buying a horse trailer in Thursday.
Got 1 ticket of careless driving nearby east gate of Algonquin Park. They police said he received a complaint that my pickup truck hit the road shoulder and disturbed some gravel dust.
I found a police car traced me, so I turn to a roadside motel. After I parked my vehicle, and heading to motel office, the police car arrived gently…
Preparing for Trial - Inadequate Disclosure
My trial for a speeding ticket is coming up. I have followed recommendations off ticketcombat website and have sent 3 disclosure requests (without phone number) and have received nothing. At the day of trial it will be about 10 months since the ticket was issued.
I guess the first step will be to ask the court for an adjournment during the Motions, "Your Worship, I would like to ask for an…
Should I fight this ticket
Last week I was driving though downtown and because of the slippery / wet conditions could not stop when the light was turning yellow to red and slid in to the intersection. I was hit by another car (near the headlamp). None of us were injured, there was significat damge to the cars. The air bags did not deploy.
I was given a ticket that reads : Red Light - fail to stop - H.T.A sect 144 (18) Fine…
delusion on this board.
a few years ago, I posted about getting a 19+over ticket and said it was a ridiculous ticket since it was down a hill and everyone drives that 10-20 over.
Everyone here claimed I was outrageous to be driving over the limit by ANY amount and I was driving wildly for doing so. Since those two years have passed, I've stuck to the speed limit...guess what happens?
Literally every single car passes me…
O.P.P. subdued markings
For my 1,300 post, I present to you.....the newest vehicle at detachment
2009 Chev Tahoe




Are police cars equipped with radars to ticket us?
Hi everyone,
About a month ago, I got a funny situation where a cop made a u-turn to stop in a very showy fashion (that scared and surprised me) because he almost hit me while doing that.
Anyhow, he claimed that he metered me while he was driving towards me so he said his car is equipped to meter opposite coming cars as he drives. I filed the ticket and I was convicted within few days - an…
121 in 100 on construction need advice to choose strategy
Hello everyone,
My wife got a speeding ticket on a construction zone on Hwy 400 and I went to court to try to defend her.
I ordered the disclosure request and got it on the first trial.
The first trial my strategy was to say there was conflict and misunderstanding of road signs. The prosecutor told me I could not confirm that since I personally wasnt there the day of the offence, and my wife has to…
I'm going to Court and I need some guidance
So I had a guy turn across my lane into his driveway and I hit him. I'm going to court solo so I need any information at all regarding proceedings.
I clearly saw two police officers on scene and got disclosure from only one of their black-books even though they both took notes, one from me and one from him. He got a ticket which I will explain in the next paragraph. I don't see any driving history…
I Really Am Unlucky.
So Again, I really don't know how I'm attracting attention to myself, but I am.
Saturday at 1:30 in the morning I was pulled over on the 400 for 142 in a posted 100 Zone. Honestly, I know I was speeding, but I thought maybe 110-120 (I'm trying to clean up my act.) Anyways, Pulled over, Ticketed, Explained 3 options on the back, and we departed on our way.
One thing I noticed, which I have never…
Just received my disclosure in the mail.
Hey everyone. Back last summer I got a parking ticket for being within 3m of a fire hydrant. Funny thing is, I parked (in my estimation) at least far enough away from it, deliberately. There were no markings on the pavement but I can't believe I was within 10 feet of that thing (sorry I suck at metric.)
It's only $20 but I was ticked off 'cause I don't park in front of fire hydrants and don't…
Advice Needed
I have been charged with driving under suspension due to medical reasons, It was suspended in Mar and In apr I got a new car put it on the road and the License Breau said nothing to me to let me know it was still suspended. I have been to court 2x for this matter first time I asked for adjurnment to seek a resoultion, 2x I went I ask for another adjurnment to seek a resolution because the CA had…