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Mis Spelled PLate on Ticket
Posted: August 20th, 2009, 3:45 pm
by waspone
Got a 15 over, and my plate is written down wrong, do i fight it or pay the 50 bucks and suffer potential insurance rapage... what kinda affect could a 15 over have?
Re: Mis Spelled PLate on Ticket
Posted: August 20th, 2009, 4:12 pm
by wytbishop
Go get a court date and I'm sure the ticket will be quashed before it gets to court. If not you will definitely beat it.
Occasionally beaurocracy works in your favour.
Re: Mis Spelled PLate on Ticket
Posted: August 20th, 2009, 4:14 pm
by waspone
Yeah? everyones saying fight it, it was only a few hours ago im debating, he prbly lowered it to spare me getting points but i ono i dont want that on my record y'know im only a g2 driver
Re: Mis Spelled PLate on Ticket
Posted: August 20th, 2009, 11:09 pm
by Inodoro Pereyra
Like wytbishop said, you won already.
Even if it's an obvious mistake, like writing an "O" for a "Q", or an "I" for a "T", the court can not legally assume it was. So they have to turn it down for "irregularities" in the data provided.
Re: Mis Spelled PLate on Ticket
Posted: August 21st, 2009, 1:21 am
by projectzemx3
they wrote your plate down wrong?
lol i wouldnt pay it lol its got nothing to do with you cause it wasnt you according to that ticket.
that and any mistake on a ticket gets thrown out.
Re: Mis Spelled PLate on Ticket
Posted: August 22nd, 2009, 5:25 pm
by Mad Cow
Exactly, take it to court because you already won.
Re: Mis Spelled PLate on Ticket
Posted: August 22nd, 2009, 6:32 pm
by mitmaks
hopefully it gets thrown out, let us know how it goes.
Re: Mis Spelled PLate on Ticket
Posted: August 22nd, 2009, 9:09 pm
by Flyer
Take it to court, because no matter the verdict, the cop still gets overtime pay from YOUR tax dollars.
Re: Mis Spelled PLate on Ticket
Posted: October 27th, 2009, 10:19 am
by _-Night-Shade-_
Well it's not a fatal error according to the law of Ontario but you still may have a chance. I hope you fought it.
An error that will get your ticket canceled is called a "fatal error."
Under the Ontario Provincial Offences Act some minor mistakes on speeding tickets can be corrected at court by the prosecution, but fatal errors cannot. For example, there maybe a mistake in the spelling of your name, the licence plate or year of the car is wrong. These are minor mistakes that can be corrected on the trial date by the Justice of the Peace or prosecutor and are not a fatal errors.
Fatal errors are mistakes that will get the traffic ticket cancelled because they are not fixable or amendable by the prosecution.
A mistake like the officer not putting his name on the speeding ticket is considered a "Fatal Error" and upon application by the defendant or his licensed paralegal the Justice of the Peace may "quash" or cancel the ticket.
If your Speeding Ticket has a fatal error a you have to make a motion to the court, and Justice of the Peace to review the error and make a ruling.
Re: Mis Spelled PLate on Ticket
Posted: October 27th, 2009, 11:09 am
by Nd4SpdSe
_-Night-Shade-_ wrote:A mistake like the officer not putting his name on the speeding ticket is considered a "Fatal Error" and upon application by the defendant or his licensed paralegal the Justice of the Peace may "quash" or cancel the ticket.
I had a ticket for my LCD many years ago. I went to fight it and it was thrown out for exactly that reason...but I didn't know until the first attendant told me.To this day I still think the cop did that on purpose.
Re: Mis Spelled PLate on Ticket
Posted: October 27th, 2009, 11:45 am
by Daninski
I've seen Judges find a guilty verdict stating that mistakes happen. Don't assume your automatically off the hook. But yes see the court clerk
Re: Mis Spelled PLate on Ticket
Posted: October 27th, 2009, 3:32 pm
by Mooneggs
Daninski wrote:I've seen Judges find a guilty verdict stating that mistakes happen. Don't assume your automatically off the hook. But yes see the court clerk
I agree... I can attest to this... on some of my tickets it worked, on others it doesn't matter if there are spelling errors or not... just depends how the clerk/judge feels that day (and your prior driving history).
Re: Mis Spelled PLate on Ticket
Posted: October 27th, 2009, 9:51 pm
by waspone
Yeah i booked a date to fight the charge still haven't gotten a letter with a date. Dude at the desk said it is an amendable error and the judge will fix it, since the ticket is to your license not your plates.
Re: Mis Spelled PLate on Ticket
Posted: October 27th, 2009, 10:45 pm
by Daninski
Ah Ha good point. You could of been driving a Honda or a Studabaker who knows. Pay the fine and get on with your miserable life I say. lol
Re: Mis Spelled PLate on Ticket
Posted: October 28th, 2009, 1:26 am
by _-Night-Shade-_
If worst comes to worst they will always give you a plea bargain just for showing up, better than nothing. Also if it takes like a year to get a trial you can try to get it quashed by the 11b Application from the Canadian Charter of Rights and Freedoms:
Any person charged with an offence in Canada has the right to be tried within a reasonable period of time under section 11b of the Canadian Charter of Rights and Freedoms.