Was The Copy Giving Me A Birthday Present?
Hi, thanks for reading. I've read a bunch of articles online and searched the forum to try and find my answers but I'm still unsure so I'm creating a new thread.
I was following a car that was going SUPER fast down the DVP but I got pulled over. I was speeding, too; however I don't want to use the "you got the wrong guy" defence because I'll probably lose.
Anyway, it was on my birthday and I'm wondering if the fatal flaws on my ticket are a gift from the cop lol. Actually, I really just want to know how to fight it!
1) The offence date was written as April 4th, but it actually occurred April 5th. I have witnesses to prove I was at work on the 4th, if that matters.
2) The set fine was $294. This part confuses me because the HTA fine is $7 per km and the OCoJ is $6. 49*6=294, so he got that right if the OCoJ fine is used. But I was officially charged with "139km/hr in a 90km/hr zone - HTA 128" (no sub section was written). That set fine should come with a $60 victim charge (or whatever it's called), but the total payable was written as $355. That's a $61 fine. I can only find reference to a $5 court fee, but nothing for only $1.
I've read that if I go to trial and point these flaws out to the prosecutor that he can just change it and then I'm screwed. I've also read that if I ignore the whole thing (forcing the fatal flaw) that the court might not notice and fine me anyway...risky.
So, if I choose the pre-trial option and point out the 2 fatal flaws, will that work? Should I wait for trial and be like "oh, the wrong date...my whole defence was prepared for April 4th...I clearly wasn't driving then and the officer probably wasn't even on duty that night at that location, blah blah blah".
Thoughts?