| DelSol2.2T |
| Say you were ticketed for an offence and say the offence was committed on july 12, 2006 and the officer who wrote it on paper unfortunately made a mistake and wrote down the offence was committed on september 12, 2006. And say the officer had also given you a court date to attend that's gonna happen before the date he put down as offence committed. What could i do about that? or what will happen? |
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| Vive le Quebec |
that's seriously messed...like are you saying he wrote the court date as a date in the past? like if you were stopped today, July 31, and he wrote the offence date as October 31, 2006 and then the court date as September 22, 2003? Or do you mean the court date as September 22, 2006 (before the offence date noted, not the actual offence date)?
I'm confused...besides I've never heard of anything like that happening, your officer would have to be half-asleep to make a screw up that big...I suppose messing up the year in the month of January is pretty common...(they might write the old year down instead of the current). |
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| stybscelica |
If the Date On or about at the top is September 12 and the Court date is schedualled in August, the ticket will be quashed at court,sent back to the officer and a new ticket will be reissued to you. sorry but your not off the hook yet you'll just have more time to pay the fine!!
Cheers:beer:
By the Way tell us the circumstances and actuall fact not what if scenario's You'll get a better answer;) |
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| DelSol2.2T |
| Hahah shit. Let's just say " travelling at unreasonable speed rate". Ok so here's the situation. I couldn't believe it for myself when i actually saw it because i wouldn't think police officers would ever screw up like that. But anyways the actual date of offence is July 22nd, 2006. On the ticket the date of offence is September 22nd, 2006. My court date is September 06, 2006. |
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| DelSol2.2T |
| So i guess all i really want to know is. Am i lucky? or am i still gonna have to go through with this? Either way i can accept but if i'm lucky.......holy shit, i should of went to play the lotto 649 that day. |
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| stybscelica |
Hey your lucky so far, your best bet is to go to the court date Sept 6th and talk to the prosecuter before court. Point out the error and the prosecuter will have the ticket withdrawn or quashed. The officer will then be notified of the error and have the option of reissuing the ticket. You havn't won the lottery yet.
If you don't go to court and point out the error you may end up being Convicted in absence without hte judge even noticing the error. Then it's too late your found guilty.
If the officer decides not to reissue the ticket you have won the lottery, Lets hope you wern't a d%$k head and stand out in the officers memory. If he can't remember you he probably won't waste his time.
The officer was probably thinking of the court date when he wrote the ticket and made the error on the Date of the offence.
It happens to the best of us
Cheers:cool: |
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| DelSol2.2T |
| no, it was a very quiet situation. So probably he won't remember me, all he idd was pull me over, ask for lice, reg, insure, and he went to his cruiser came back didn't say a word, handed the ticket to me, and told me to be careful when i pull away, thats it. hahaah....sweeet. |
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| 92_WhItE_H23 |
| he cant reissue the ticket if he messed up that date as far as i know..then that throws into question the legitmacy of the ticket. i know a few years ago they wrote my mom a ticket on new years eve before midnight and the guy wrote the wrong year on the ticket. she took it in and they threw it out.. |
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| Jesus Christ |
dude, he has up to six months from the date of the offence to reissue you a new ticket...therefore, go into hiding (i'm serious). especially if you live on your own, he can't serve the ticket onto anyone, since there's no one at your residence which he can do this to...
go into hiding until...feb 22, 2007. |
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| stybscelica |
quote:
Originally posted by Jesus Christ
dude, he has up to six months from the date of the offence to reissue you a new ticket...therefore, go into hiding (i'm serious). especially if you live on your own, he can't serve the ticket onto anyone, since there's no one at your residence which he can do this to...
go into hiding until...feb 22, 2007.
Hiding won't make a difference. The Officer Can substitutionally serve the ticket to any relative or even mail it to the last know address if it is a yellow ticket. If it's yellow and mailed and you don't respond you will be convicted in absence or a warrant will be issued.
Cheers:D
P.S. you can't beat the ticket nazi's:bowdown: |
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| MX5 Miata Guy |
Per Pointts' website, heres their Test Your Knowledge quiz:
1. If a police officer gives you a traffic ticket then fails to show up in court; the charge against you will be dismissed.
True False
------------------------------------------------------
2. If your name is mis-spelled or your license number cited incorrectly on a traffic ticket; it is invalid.
True False
------------------------------------------------------
3. It is impossible to beat a speeding ticket if you are caught on radar.
True False
------------------------------------------------------
4. Any statement you make to the police can be used against you in court.
True False
------------------------------------------------------
5. The only sensible way to fight a Provincial Offences Traffic Ticket is to hire a lawyer.
True False
------------------------------------------------------
6. Police officers must be in full uniform when they give you a ticket..
True False
------------------------------------------------------
7. Police officers can only give out tickets in the City/Town/County or Province in which they work.
True False
------------------------------------------------------
8. Police officers must give 48 hours for you to produce driving documents or have broken equipment on your vehicle repaired.
True False
------------------------------------------------------
9. Your speedometer is inaccurate. At your trial for speeding you can enter into evidence a mechanic's report proving the inaccuracy.
True False
------------------------------------------------------
10. If you plead "guilty with an explanation" your explanation will get you off the charge.
True False
------------------------------------------------------
11. The police officer has to show you the radar reading when you are stopped for speeding.
True False
------------------------------------------------------
12. You can enter into evidence photographs of your accident scene taken by your brother.
True False
------------------------------------------------------
13. You can always get an adjournment (postponement) on your first court date.
True False
------------------------------------------------------
14. I don't have to say anything to the police after I have been involved in an accident.
True False
------------------------------------------------------
15. I can't be arrested or sent to jail for a traffic violation.
True False
------------------------------------------------------
Answers:
1. There are many reasons why a police officer may not show up in court and if the Prosecution asks for an adjournment to another day you will have to know how to argue against that request.
2. There are only a few areas on a traffic ticket where a mistake will result in the case being dismissed or quashed and a misspelled name or wrong plate number are not any of them.
3. The radar device is sensitive and accurate, however, it has to be tested and operated according to a strict set of rules and procedures and you will have to be very familiar with those rules in order to know, first, if they have been followed and, second, what argument to make if you can show they were not followed.
4. The Prosecution has to have the permission of the Court to enter your statement into evidence. If your statement shows that you accept responsibility or guilt for the incident you will probably want to have the statement excluded from your trial, however, you will have to know what arguments to make to ensure that the statement is excluded.
5. As a result of POINTTS' efforts and legal battles with Law Societies in Canada, the citizens of Alberta, Manitoba and Ontario are entitled to be represented in traffic court by an Agent as well as a lawyer. The advantage of a POINTTS' agent is not only cost but also the fact that POINTTS' Agents have had a wealth of experience as Police Officers or Justices of the Peace (traffic court Judges) prior to joining the company. That experience has benefited hundreds of thousands of Canadian drivers.
6 . Police Officers may issue tickets even when wearing civilian clothes.
7. Police Officers may issue tickets anywhere in the Province in which they were sworn in as Constables. RCMP Officers may issue tickets anywhere in Canada.
8. A '24 or 48 hour report' may be given solely at the discretion of the issuing officer. The offence is committed when the documents are not produced on demand or the vehicle is being operated on a highway with defective equipment.
9. Only the mechanic may present the report which s/he prepared.
10.The important word here is 'guilty'. When you enter this plea you are pleading guilty to the offence and the 'explanation' is usually the reason why you committed the offence. Sometimes this 'explanation' may be a defence. Be sure to consult with POINTTS before you enter this plea.
11. There is no requirement for the Officer to show you the radar. In most cases it is better not to see the radar reading in case you are asked to repeat it in court.
12. Only the person who took the photographs may enter them as evidence.
13.The Court has to hear the reason for the adjournment and if it is not satisfied with that reason you may be ordered to proceed with your trial on that date.
14. You are required to give certain details about the accident for the information of the Registrar of Motor Vehicles and failure to do so is an offence. It is important that you know what information is required and that you be careful not to incriminate yourself.
15. There are several offences for which you can be arrested and/or sent to jail. If you are in any doubt use our 'get quote' page
The foregoing brief 'quiz' is intended to demonstrate that traffic court is not a comfortable place to be if you do not know the Rules of Evidence or the Procedures which govern the Courts.
When you enter a plea of 'Not Guilty' you are not necessarily saying "I didn't do it" you are saying that you are exercising your right to have the Prosecution prove that you committed the offence, however you are expected to be properly prepared to conduct your defence and as you can see from the answers and explanations above, "Ignorance of the Law is no excuse!" |
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| r0meo |
quote:
Originally posted by MX5 Miata Guy
Per Pointts' website, heres their Test Your Knowledge quiz:
1. If a police officer gives you a traffic ticket then fails to show up in court; the charge against you will be dismissed.
True False
------------------------------------------------------
2. If your name is mis-spelled or your license number cited incorrectly on a traffic ticket; it is invalid.
True False
------------------------------------------------------
3. It is impossible to beat a speeding ticket if you are caught on radar.
True False
------------------------------------------------------
4. Any statement you make to the police can be used against you in court.
True False
------------------------------------------------------
5. The only sensible way to fight a Provincial Offences Traffic Ticket is to hire a lawyer.
True False
------------------------------------------------------
6. Police officers must be in full uniform when they give you a ticket..
True False
------------------------------------------------------
7. Police officers can only give out tickets in the City/Town/County or Province in which they work.
True False
------------------------------------------------------
8. Police officers must give 48 hours for you to produce driving documents or have broken equipment on your vehicle repaired.
True False
------------------------------------------------------
9. Your speedometer is inaccurate. At your trial for speeding you can enter into evidence a mechanic's report proving the inaccuracy.
True False
------------------------------------------------------
10. If you plead "guilty with an explanation" your explanation will get you off the charge.
True False
------------------------------------------------------
11. The police officer has to show you the radar reading when you are stopped for speeding.
True False
------------------------------------------------------
12. You can enter into evidence photographs of your accident scene taken by your brother.
True False
------------------------------------------------------
13. You can always get an adjournment (postponement) on your first court date.
True False
------------------------------------------------------
14. I don't have to say anything to the police after I have been involved in an accident.
True False
------------------------------------------------------
15. I can't be arrested or sent to jail for a traffic violation.
True False
------------------------------------------------------
Answers:
1. There are many reasons why a police officer may not show up in court and if the Prosecution asks for an adjournment to another day you will have to know how to argue against that request.
2. There are only a few areas on a traffic ticket where a mistake will result in the case being dismissed or quashed and a misspelled name or wrong plate number are not any of them.
3. The radar device is sensitive and accurate, however, it has to be tested and operated according to a strict set of rules and procedures and you will have to be very familiar with those rules in order to know, first, if they have been followed and, second, what argument to make if you can show they were not followed.
4. The Prosecution has to have the permission of the Court to enter your statement into evidence. If your statement shows that you accept responsibility or guilt for the incident you will probably want to have the statement excluded from your trial, however, you will have to know what arguments to make to ensure that the statement is excluded.
5. As a result of POINTTS' efforts and legal battles with Law Societies in Canada, the citizens of Alberta, Manitoba and Ontario are entitled to be represented in traffic court by an Agent as well as a lawyer. The advantage of a POINTTS' agent is not only cost but also the fact that POINTTS' Agents have had a wealth of experience as Police Officers or Justices of the Peace (traffic court Judges) prior to joining the company. That experience has benefited hundreds of thousands of Canadian drivers.
6 . Police Officers may issue tickets even when wearing civilian clothes.
7. Police Officers may issue tickets anywhere in the Province in which they were sworn in as Constables. RCMP Officers may issue tickets anywhere in Canada.
8. A '24 or 48 hour report' may be given solely at the discretion of the issuing officer. The offence is committed when the documents are not produced on demand or the vehicle is being operated on a highway with defective equipment.
9. Only the mechanic may present the report which s/he prepared.
10.The important word here is 'guilty'. When you enter this plea you are pleading guilty to the offence and the 'explanation' is usually the reason why you committed the offence. Sometimes this 'explanation' may be a defence. Be sure to consult with POINTTS before you enter this plea.
11. There is no requirement for the Officer to show you the radar. In most cases it is better not to see the radar reading in case you are asked to repeat it in court.
12. Only the person who took the photographs may enter them as evidence.
13.The Court has to hear the reason for the adjournment and if it is not satisfied with that reason you may be ordered to proceed with your trial on that date.
14. You are required to give certain details about the accident for the information of the Registrar of Motor Vehicles and failure to do so is an offence. It is important that you know what information is required and that you be careful not to incriminate yourself.
15. There are several offences for which you can be arrested and/or sent to jail. If you are in any doubt use our 'get quote' page
The foregoing brief 'quiz' is intended to demonstrate that traffic court is not a comfortable place to be if you do not know the Rules of Evidence or the Procedures which govern the Courts.
When you enter a plea of 'Not Guilty' you are not necessarily saying "I didn't do it" you are saying that you are exercising your right to have the Prosecution prove that you committed the offence, however you are expected to be properly prepared to conduct your defence and as you can see from the answers and explanations above, "Ignorance of the Law is no excuse!"
i love this whole post :bowdown:
cept it is missing some key info which would help us poor speeding souls, haha |
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| SilverNeonRacer |
I know over in Ont that Laser isn't a proven technmology, and if you can find the case, there was one where they managed to get a speed reading off a court room wall :P
Might help :P |
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