OHTA.ca

I'm hoping someone can help me.

Yesterday on my way to town with three screaming kids in the car I missed the change from the 80 to 50.

I have a clean record for close to 30 years, I honestly didn't know the sign was posted but of course the officer was parked behind a sign and pulled me over.

He said that I had been stunt driving (claimed I was doing 100) I wasn't imho I am very careful driver, non the less he said that he realised it's a confusing stretch of road (likely why he was sat there) and he would reduce my speed to 90 in a 50 zone.

He then proceeded to tell me my plate sticker was expired (Feb 28) this was news to me I only just bought and plated the car in January, I honestly thought the dealership had put a 2 year sticker on the new plate not 1 month!

Doh!

Anyhow to cut a long and boring story short, I accept the ticket for the plate date(my bad) and I admit I missed the 50 sign change, but I'm convinced I was not doing 90 or the 100 he claims I was doing.

On getting home and looking at the ticket I noticed the one with the speeding offence on was not signed.

The other was.

Can I challenge the ticket, not sure what to do. Any advice please.

Also how do I attach a picture on my post? I have the ticket with all names etc scribbled out.

Here is a link to the ticket, namet etc hidden.

I believe that the one that is not signed is a fatal error. There are a few ways you can go about this but I would be inclined to fight the plate ticket but let the speeding ticket go into the default judgement process where it should be quashed. You could also challenge both tickets and deal with the fatal error issue in court. I'm pretty sure that the officers signature issue cannot be amended in court, but case law changes from time to time so nothing is certain.

Thanks for the advice, how do I go to default with the unsigned ticket?

Sorry I am a noob at this stuff.

P

Speeding isn't section 120, it's section 128.

The Stig wrote: ↑Thu Apr 26, 2018 9:02 pm

Speeding isn't section 120, it's section 128.

Is that another fatal error?

I'm really not sure what to do.

Any help would be appreciated.

Thanks

The Stig wrote: ↑Thu Apr 26, 2018 9:02 pm

Speeding isn't section 120, it's section 128.

Yup and that is a clear zero not just a bad pen !

So I will just do nothing with the speeding ticket, wait to see if I get a court date is that correct?

If I do I appeal. Does that sound right?

Paul

I don't claim to be an expert on this, but the accepted wisdom is that, if you get a court date you just don't show up. The Justice of the Peace should review the ticket, determine that it is not "regular on its face" and quash it.

If the Justice doesn't notice the irregularities, you may wind up convicted. In that case you should receive a notice of conviction and then you can apply for... I believe it's a re-opening, not an appeal... better minds than mine can speak up if this comes to pass.

Okay thank you!

It's a little scary to be honest...