Topic

Hoping For Quash: Ignore And Appeal, Or Go To Trial?

Author: cameronpoe


Post Reply
cameronpoe
Newbie
Newbie
Posts: 1
Joined: Tue Sep 04, 2018 7:06 pm

Hoping For Quash: Ignore And Appeal, Or Go To Trial?

Unread post by cameronpoe »

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 ;)

User avatar
admin
Site Admin
Site Admin
Posts: 1126
Joined: Tue Nov 13, 2007 4:04 pm
Location: Guelph, Ontario, Canada
Contact:

Posting Awards

Moderator

Unread post by admin »

cameronpoe wrote: Tue Sep 04, 2018 7:23 pm

hoping 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, ;)

Post Reply
  • Similar Topics

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 242 guests