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Wrong Address, Is The Speeding Ticket Invalid?

Posted: Mon Apr 18, 2016 8:57 pm
by cburgs

I was on the 401 near chatham and was clocked doing 126kmh. I was fined for doing 115kmh. This happened on a Monday. That prior FRIDAY I had changed my address. The cop had asked why my drivers license card had a different address than what he had on file...


So on my speeding ticket he wrote my OLD address which was on my drivers license that I gave him. But yet his files showed my new address.


Should this ticket be fought in court for him not writing my current address on my ticket?


Re: Wrong Address, Is The Speeding Ticket Invalid?

Posted: Mon Apr 18, 2016 11:34 pm
by bend
cburgs wrote:Should this ticket be fought in court for him not writing my current address on my ticket?

No.


Re: Wrong Address, Is The Speeding Ticket Invalid?

Posted: Tue Apr 19, 2016 9:03 am
by jsherk

Wrong/different address on ticket will not get the ticket dropped. It is irrelevent to the charge of speeding.


I suggest you plead NOT GUILTY and request a trial with the officers present. Once you get your Notice of Trial, you can request disclosure (officers notes and speed measuring device manual). Once you get officers notes, post them here so we can give you more advice.


Remember that even a 0 demerit charge of 15 over can still cause your insurance rates to go up.


Re: Wrong Address, Is The Speeding Ticket Invalid?

Posted: Tue Apr 19, 2016 10:55 am
by bobajob

is there a list of fatal flaws in a ticket posted somewhere?


txs


jsherk wrote:Wrong/different address on ticket will not get the ticket dropped. It is irrelevent to the charge of speeding.


I suggest you plead NOT GUILTY and request a trial with the officers present. Once you get your Notice of Trial, you can request disclosure (officers notes and speed measuring device manual). Once you get officers notes, post them here so we can give you more advice.


Remember that even a 0 demerit charge of 15 over can still cause your insurance rates to go up.


Re: Wrong Address, Is The Speeding Ticket Invalid?

Posted: Tue Apr 19, 2016 11:24 am
by jsherk

Here: http://www.ontariohighwaytrafficact.com/topic1965.html


And there is some good info on this site: http://ticketcombat.com/offences/fatal.php


Just note that over time some of these things may have change!


So an incorrect Set Fine which IS a fatal error, but I believe the courts have decided that incorrect Total Payable is NOT a fatal error any more.


Also I believe it is different now if you bring up a fatal error at your trial, because the prosecutor can simply ask the JP to amend the ticket and fix it right there on the spot and then your trial continues as if there was no error. So you need to learn how to force a fatal error by not showing up for trial (but they may still find you guilty and then you have to appeal to win).


Re: Wrong Address, Is The Speeding Ticket Invalid?

Posted: Tue Apr 19, 2016 12:01 pm
by bobajob

txs buddy;


yeah I've seen some threads about keeping mouth zipped or not turning up


TBH; that would freak me out, have visions of cops turning up at my door


jsherk wrote:Here: http://www.ontariohighwaytrafficact.com/topic1965.html

And there is some good info on this site: http://ticketcombat.com/offences/fatal.php


Just note that over time some of these things may have change!


So an incorrect Set Fine which IS a fatal error, but I believe the courts have decided that incorrect Total Payable is NOT a fatal error any more.


Also I believe it is different now if you bring up a fatal error at your trial, because the prosecutor can simply ask the JP to amend the ticket and fix it right there on the spot and then your trial continues as if there was no error. So you need to learn how to force a fatal error by not showing up for trial (but they may still find you guilty and then you have to appeal to win).