-
- Newbie
- Posts: 1
- Joined: Tue Sep 04, 2018 7:06 pm
Hoping For Quash: Ignore And Appeal, Or Go To Trial?
Hi guys, I've been researching but I'm a bit confused as to what I should do if I'm hoping for a ticket to be quashed due to an error.
I received a ticket in a speed trap, for 76 in a 50 (not reduced). The only error I can find on the ticket is that in the "charging act" he wrote "Highway Safety Act". Section was correct.
So I guess question #1: do you think this has a decent chance at being quashed? All I can find online is "maybe".. it doesn't seem to be one of the error types that's a clear yes or no.
Anyway, if I do stand a chance at having the ticket quashed, would I do that by ignoring the ticket, and hoping that the JP finds it improper on its face and quashes it out of hand, then appealing if he doesn't?
Or, should I be requesting a trial and asking for a quash before entering a plea on that day, so that I could at least attempt a defence if the JP allows the ticket to stand?
Thanks in advance for any help
- admin
- Site Admin
- Posts: 1126
- Joined: Tue Nov 13, 2007 4:04 pm
- Location: Guelph, Ontario, Canada
- Contact:
So you are wondering if writing the incorrect ACT but correct SECTION could be considered a fatal error?
I think it is not a fatal error, because it could be easily ammended and the Section is correct.
- admin
- Site Admin
- Posts: 1126
- Joined: Tue Nov 13, 2007 4:04 pm
- Location: Guelph, Ontario, Canada
- Contact:
cameronpoe wrote: ↑Tue Sep 04, 2018 7:23 pmhoping that the JP finds it improper on its face and quashes it out of hand
Highly unlikely, JP most likely will ignore it, find you guilty, and let you re-open the case. The JP doesn't work for you,
-
- Similar Topics
-
-
New post Appeal agianst the trial
by myticket in General TalkLast post by myticket Wed Dec 02, 2009 1:24 pm
-
-
-
New post Wrong Time for Appeal Trial
by HTANoob in General TalkLast post by bend Tue Mar 29, 2016 5:39 pm
-
-
-
New post Speed can Increase at trial - Court of Appeal
by hwybear in Courts and ProcedureLast post by hwybear Sun Sep 13, 2009 12:23 pm
-
-
-
New post Ignore this parking ticket?
by darkandlong in General TalkLast post by darkandlong Mon Nov 30, 2015 7:51 am
-
-
-
New post Motion to quash the Certificate of Offence
by coolz35 in Failing to obey signsLast post by iFly55 Tue Mar 04, 2014 4:39 pm
-
-
-
New post Wrong date on ticket - Motion to Quash
by jsherk in General TalkLast post by Stanton Tue Jun 14, 2016 11:47 am
-
-
-
New post Out of town trial, no disclosure, trial April 11?
by Bil22 in Courts and ProcedureLast post by daggx Mon Apr 08, 2013 8:44 pm
-
-
-
New post No notice of trial but trial scheduled for this Tuesday
Last post by GLOBAL WARMING? Tue Jun 12, 2012 6:34 pm
-
-
-
New post Notice of Trial was stamped 5 weeks before trial.
by shankeith in General TalkLast post by jsherk Wed Dec 09, 2015 1:09 pm
-
Who is online
Users browsing this forum: No registered users and 11 guests