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Error In Jurisdiction
Posted: Sun Oct 05, 2008 1:45 am
by jpj666
Hey all,
I received a speeding ticket about 3 weeks ago and set up my trial date in an effort to be found not guilty or to get my ticket "quashed" as they say.
The ticket is filled out completely without any fatal errors, however, on the top of the ticket it says Toronto South, but I was caught speeding just south of Steeles near Jane, which is considered Toronto North.
Is this enough to get my ticket quashed, or can an officer use tickets for a specific area in any area they please?
The officer also told me to bring the ticket to court to not receive any points. Does the Justice of the Peace have control over whether or not I receive any Demerit Points?
Thanks for reading!
Posted: Sun Oct 05, 2008 12:20 pm
by ticketcombat
You don't have enough to squash the ticket. Typically in Toronto the trial is where the officer works, not where you were caught. From Scarborough to Etobicoke, it's all Toronto!
You can negotiate with the prosecutor to reduce the charge so you avoid demerit points (ie speeding 15km/h or less) but you still get the insurance hit. The JP doesn't control the demerit points but he can determine what you are guilty of and the penalty that's applied. It is extremely rare for a JP to ignore the statutory penalties.
There are other options to fight your ticket: disclosure, stays, bilingual rules, etc. Toronto prosecutors are not very good at paperwork, so getting off on a technicality is still a viable option.