OHTA.ca

Hi There,

If an individual were to receive a hand written ticket from an officer, and the officer fails to sign it, is this a fatal error?

If so, is it better to plead not guilty or do nothing?

Thank you

That would be a fatal error. Research how to force a fatal error.

It's not a traditional type of fatal error though. In a normal fatal error a JP can look at their copy of the ticket and quash it. Eg. Fine missing, date missing.

There's no way for a JP to know if your copy of the ticket isn't signed. The officer normally removes your ticket from the set after they completed it, sign it, issue it, and then sign the others indicating service.

Search the forum. This question has been asked before.

You need to hold on to your copy of the ticket and do nothing.

If the officer signed the copy that the JP sees, you will be found guilty by default.

Once you get notice that you were found guilty, you file an appeal. When you go before the Judge for the appeal you bring your unsigned copy of the ticket.

Thanks for the help!

Could I not just request a trial and present the unsigned ticket then? I'm assuming this was not recommended because I would be running the risk of the prosecutor realizing the ticket is unsigned and have the officer issue me another ticket with the 6 month limitation period?

Thoughts on this? Thanks for the support

No don't do that as it may not work because the JP may say "the copy I have is signed... guilty"

Yes, but a copy of that should be included in my disclosure?

Everytime I have asked for "a copy of both sides of original Certificate of Offence" in disclosure I have never gotten it.

I either have to go directly to the clerks office and request a copy, or I go see the clerk right before the trial starts and ask to see it then so I can make sure it is the same as the copy I have (and that it has a "date filed" stamp because they only have 7 days to file it).