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Charged With Wrong Offence

Posted: Sun Jan 02, 2011 3:14 pm
by nzl

I received a ticket "disobey Stop Sign", Fail To Stop. The officer said that he had a video of this in his vehicle and would only show it to me in court upon full discolusure.


When the ticket was written up the officer charged me with the wrong offence HTA 7 (5) (a) - fail to surrender permit and not HTA 136 (1) (a) - fail to obey stop sign. Does this constitute a major error to have the ticket withdrawn in court?


Thank you


Re: Charged With Wrong Offence

Posted: Sun Jan 02, 2011 4:55 pm
by Simon Borys

It may. It depends on the JP and the arguments made by you and by the prosecutor at trial. There is no absolute rule on this.