OHTA.ca

So I got a ticket for "using a communication device" while I was at a stop light(just turned it on to see who called) on Oct. 5th.

I was debating whether or not I wanted to fight it or pay it based on thsoe grounds, however upon actually reading through my ticket, I noticed that the officer wrote the date as Feb. 16, 2011 (My bday is feb 16) and so from what Ive gathered this means my ticket will either be quashed or just not filed right?

I just want to be completely sure before I throw my ticket out and never worry about it again.

nhes90 wrote:I was debating whether or not I wanted to fight it or pay it based on thsoe grounds, however upon actually reading through my ticket, I noticed that the officer wrote the date as Feb. 16, 2011 (My bday is feb 16) and so from what Ive gathered this means my ticket will either be quashed or just not filed right?

I just want to be completely sure before I throw my ticket out and never worry about it again.

Possibly, assuming the officer or the Justice of the Peace notices the error. If not and and you receive a notice of conviction, you'll have to get the matter reopened and appeal based on the error.

Stanton wrote:If not and and you receive a notice of conviction, you'll have to get the matter reopened and appeal based on the error.

I thought an incorrect date on a ticket was not considered a Fatal Error. Does that change depending on how many days between the actual date and what is written on the ticket?

Yes, it should be considered a fatal error, but I'm simply saying the Courts don't always notice them. If that's the case you have to have the matter reopened and point out the error.