Should This Speeding Ticket(s) Be Thrown Out For Misconduct?
Here is a snapshot of what happened
I was pulled over in January 2010 in Niagara region going 110 in an 80.
The officer is not overly friendly and asks if I've been drinking. I say no.
The officer issues me a ticket for 100 in an 80km. This ticket is handed to me.
I tell the officer I don't think I was going that fast and plan on challenging the evidence in court.
He TAKES the ticket back from me and issues a second ticket for 110 in an 80. The first ticket is never filed.
I attend court in December 2010. I explain the situation but the JP says he does not care about the first ticket and is focusing on the one I've plead not guilty to.
I have a short trial and all parties ignore the first ticket. I am convicted for going 110 in an 80.
I appeal the conviction and have appeal court on May 30. I will again try to explain the chain of events that resulted in the second ticket being issued.
Thoughts?