I have not been through a speeding situation What ever I have done in the past for tickets has been solely based on the website I have mentioned .. Please read it a couple of times and then act accordingly .. timing may be of essence ... but really read that website thoroughly - it will give you knowledge & confidence.
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Fido.
Location: Amidst a glow in the sky.
Posted on: 27-11-13 18:33:44
Quote:
Originally posted by vivek901
Hi,
I got a letter yesterday for notification of trial. The trial is for 4th feb but the trial notice has 2 mistakes,1. My first name is spelled incorrectly (which is still ok). 2. My license number is also wrong (error in one of the digits). How should I proceed further. I read in some forums, mistakes like this from the prosecution can help you fight this case. Any insights would be helpful. How should I proceed from here. Please help and advise
I don't think these are fatal errors. But check if you can force a fatal error which is in the same link below (I have done it successfully in the past):
http://www.ticketcombat.com/offences/fatal.php
Fatal Errors
A fatal error is an error on your traffic ticket that is sufficient to get your case thrown out. It is quite common for people to receive a traffic ticket with errors on it. Unfortunately not all errors are fatal. If the right person is standing in court and the police officer can identify you, then the error could not have been fatal. In fact, under Section 34 of the Provincial Offences Act the justice can amend the traffic ticket to fix the error so that it is correct.
Non-Fatal Errors
The following errors are not fatal and won't get your traffic ticket thrown out:
misspelled name, incorrect address, wrong driver's licence number;
incorrect location;
incorrect date or time;
wrong licence plate;
wrong vehicle color or description;
incorrect set fine or total payable amount. (You can make this a fatal error, see Incorrect Fine Amounts.)
Fatal Errors
The following errors are fatal and will get your traffic ticket thrown out:
no offence date;
no defendant’s name (if your name is misspelled, the traffic ticket still counts);
no location;
missing officer’s signature;
unknown offence (e.g. speeding 70kh/hr in a 64km/hr zone);
the filing date is beyond seven days.
More Information
For a full discussion on errors, how to make a motion to have your traffic ticket thrown out and how to take advantage of errors during your trial, see Quash the Trial.
For an alternative approach to trial that can get your traffic ticket quashed for a non-fatal error, see How to Force a Fatal Error.
Prosecutors Who Act in Bad Faith
Some prosecutors will pursue a conviction at any cost. You must be very careful not to discuss the error with the prosecutor before the trial or at First Attendance. Some people mistakenly assume that if they show the error to the prosecutor, he will drop the charge. Instead, they have given him a heads up to correct the error before the trial begins.
This is also true for fatal errors. Showing the prosecutor the fatal error does not mean you will beat the charge. The prosecutor can drop the charge and then issue a summons for the same charge within six months of the offence. He avoids the fatal error and still gets to convict you.
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No trees were killed by this post, but a large number of electrons were terribly inconvenienced.
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George Malley: Hey, would you, uh, love me the rest of my life?
Lace Pennamin: No. I'm gonna love you for the rest of mine.
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None of us knows God until someone introduces us - Life of Pi
100% correct ..
Prosecutors are not your friends , but opponents ... At the trial you will be pitted against each other and you should never be intimidated by them as they are not the Judge ... I rebutted the prosecutor successfully but politely on each count at the trial .
Law provides that you can request for all information that can be used against you to be disclosed to you before the trial but does not make the same obligatory on you as you are the defendant ..
Be shrewd and smart when you are dealing with the Prosecutor and surprise him during the trial ..When negotiating with him , be rest assured if accepted , it goes against you on your record ... ask the prosecutor how he can save you from that if you agree on a compromise.
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Fido.
Hi,
I had my speeding ticket trial today (65 over 50 was the charge). The prosecutor told that she can reduce the speed by 5 KM/HR and give me 60 over 50 and she kept telling that the officer had already reduced it when he gave me the ticket. The officer also told me that if I go for the trial the speed can increase to 75KM.HR. I had read ticket combat.com and knew that this would be their strategy. I still pursued to go for trial and i was the only one doing that. Rest had pleaded guilty. When the prosecutor said that the speed was 75 and officer reduced it, I told that ticket doesnt indicate 'R' which shows speed has been reduced. The judge told that she doesnt have time for trial today and she adjourned it to after 3 months. I tried my best to say that I need a trial today but she was not ready to listen.
I am little upset on the fact that I had prepared my points and rebuttal for trial but I was not given an opportunity and both prosecutor and police and even justice tried to dissuade me from going to trial by saying things like my fine can increase etc..can this really happen??
Quote:
Originally posted by vivek901
Hi,
I had my speeding ticket trial today (65 over 50 was the charge). The prosecutor told that she can reduce the speed by 5 KM/HR and give me 60 over 50 and she kept telling that the officer had already reduced it when he gave me the ticket. The officer also told me that if I go for the trial the speed can increase to 75KM.HR. I had read ticket combat.com and knew that this would be their strategy. I still pursued to go for trial and i was the only one doing that. Rest had pleaded guilty. When the prosecutor said that the speed was 75 and officer reduced it, I told that ticket doesnt indicate 'R' which shows speed has been reduced. The judge told that she doesnt have time for trial today and she adjourned it to after 3 months. I tried my best to say that I need a trial today but she was not ready to listen.
I am little upset on the fact that I had prepared my points and rebuttal for trial but I was not given an opportunity and both prosecutor and police and even justice tried to dissuade me from going to trial by saying things like my fine can increase etc..can this really happen??
That is quite unusual but nothing to be upset about. I am not sure how much preparation went in before the trial - did you request a full disclosure from the prosecution? Did you receive a full disclosure? What is your defense?
In the long run this delay might help you in filing for chapter 11b defense. Just hang on and don't let it bother your routine.
Good luck.
Hiren
Thanks Hiren,
I had requested disclousure, I didnt receive full and I argued on that today, prosecution told thats all i can get. I was ready with questions which I wanted to ask the officer.
But I one imp thing,After watching some cases today i found that couple of tickets were dismissed on the grounds that they were filed after 7 days. I came back and found that my ticket was also filed after 8 days. I called up the court and asked filing date. Can I use this argument as well??
I did not get disclosure after first request. 3 weeks before trial I sent another request after talking to clerk. She had acknowledged that they had received the request and did not get anything from Prosecutor's office. Still did not get anything.
Went for trial, asked prosecutor about the disclosure and she asked me if I want to move the date to get the disclosure later. She said you may end up paying additional fine and additional points if I plead not guilty and asked me if I want to still continue (threat). I insisted on trial. The cop did show up but I think because cop was also needed in other courtroom and he did not have any documentation, I think she told that cop did not show up and she does not have paper work so they withdrew the charges.
I know in your case it is painful. ticketcombat and other sites are good but found overwhelming. At least I was nervous after going through the details. and I can imagine how much you must be under pressure to get this over with. Hopefully next time you will get the result in your favor.
Good luck and keep posted!
