-
- Newbie
- Posts: 20
- Joined: Tue Oct 06, 2009 3:20 pm
Fatal Errors?
Hi there, quick question......
Got a ticket for 24 over, but I've noticed a few things with the ticket and am wondering if they're fatal errors...
1) It was in a community safety zone, but the charge just says speeding 74km/h in a posted 50km/h zone.... nothing about the community safety zone, and it's the regular fine, not the csz one
2) The location only says Hurontario St..... no cross streets or direction of travel....
are either of these enough to get the ticket quashed?
- hwybear
- High Authority
- Posts: 2934
- Joined: Tue Apr 22, 2008 7:21 am
- Location: In YOUR rearview mirror!
Re: Fatal Errors?
To me the missing of the community safety zone on the offence could be like using discretion and lowering the ticket to a regualr speed as the fine is a lot less??
2 - there is no cross road req'd for a non-intersection offence....and unless the road name requires a direction to distinquish it from the other end of a city (ie: David Street South), does not matter if a direction is missing......then would get into my gps says this, the map says that, my car says this direction, true north is here, well it is NE not north....etc...
Re: Fatal Errors?
hwybear wrote:2 - there is no cross road req'd for a non-intersection offence....and unless the road name requires a direction to distinquish it from the other end of a city (ie: David Street South), does not matter if a direction is missing......then would get into my gps says this, the map says that, my car says this direction, true north is here, well it is NE not north....etc...
Just Curious. If it said "Hurontario Street, Dufferin County" would it be fatal? There are two separate unconnected streets that fit this description.
- hwybear
- High Authority
- Posts: 2934
- Joined: Tue Apr 22, 2008 7:21 am
- Location: In YOUR rearview mirror!
Re: Fatal Errors?
CAROL wrote:hwybear wrote:2 - there is no cross road req'd for a non-intersection offence....and unless the road name requires a direction to distinquish it from the other end of a city (ie: David Street South), does not matter if a direction is missing......then would get into my gps says this, the map says that, my car says this direction, true north is here, well it is NE not north....etc...
Just Curious. If it said "Hurontario Street, Dufferin County" would it be fatal? There are two separate unconnected streets that fit this description.
ha...come to think of it...I have a Highway in my area that has 3 different sections of it, going thru 2 different towns, but has same highway name in all sections, all going thru one municipality. Just use the Highway 00 for anywhere on it. Only difference for me is a different cross road in my notes, not on offence notice.
Re: Fatal Errors?
CAROL wrote:hwybear wrote:2 - there is no cross road req'd for a non-intersection offence....and unless the road name requires a direction to distinquish it from the other end of a city (ie: David Street South), does not matter if a direction is missing......then would get into my gps says this, the map says that, my car says this direction, true north is here, well it is NE not north....etc...
Just Curious. If it said "Hurontario Street, Dufferin County" would it be fatal? There are two separate unconnected streets that fit this description.
If the street is in the wrong jurisdiction maybe the court does not cover it.
Good luck
Cheers
Viper1
use at your own risk"
- Radar Identified
- High Authority
- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
- Location: Toronto
Re: Fatal Errors?
Enough to get it quashed... probably not. It does specify a valid location. You could argue that you've been misled by the ticket and it is not specific enough, but I'm not really sure that will work.
http://www.OntarioTicket.com OR http://www.OHTA.ca
-
- Similar Topics
-
-
New post Fatal errors on ticket?
by Jay1983 in General TalkLast post by Jay1983 Sun Sep 15, 2013 2:05 pm
-
-
-
New post List of Fatal Errors
by racer in Courts and ProcedureLast post by racer Wed Feb 10, 2010 8:01 pm
-
-
-
New post List of errors that are fatal in a POA ss. 9/9.1 setting
by Keroba in Courts and ProcedureLast post by Keroba Mon Aug 16, 2010 1:16 pm
-
-
-
New post Which Fatal Errors can be amended at trial
by jsherk in General TalkLast post by jsherk Tue Apr 01, 2014 5:54 pm
-
-
-
New post Two Fatal Errors - Red Light Ticket, already set trial
by LawyerUp in General TalkLast post by LawyerUp Tue Sep 10, 2013 8:05 pm
-
-
-
New post Are these "fatal errors"?
by ap97 in General TalkLast post by viper1 Tue Apr 05, 2011 11:52 pm
-
-
-
New post Errors and Omissions
by il capo in General TalkLast post by il capo Thu Aug 21, 2008 5:05 pm
-
Who is online
Users browsing this forum: No registered users and 8 guests