Just reading about traffic laws in case I get a red-light camera ticket in the mail (I went through a light with a camera…it turned yellow when I was quite close to the intersection, and I kept going…it turned red when I was about 2/3 of the way through the intersection)
Anyway, found something really interesting a while ago and thought I’d share it, in case I need to use it or you do.
If there are any errors on your ticket (name, address, fine amount, driver’s license#), we always think ‘great I can get off in court!’. Not the case. These are fatal errors, however in court/trial with you present, they can be amended and the case can proceed, likely to your conviction.
So what do you do if you get a ticket with an error?
Option 1 when you get a ticket is to plead guilty. Screw that.
Option 2 is plead guilty with an explanation (now known as set a first attendance meeting…where you plead guilty and hope they drop the fine etc). Screw that because if you show up, they can amend the error and you’re screwed.
Option 3 is set a trial date - this is a good option, however if you set a trial date, then show up, they can fix the error and the case proceeds. likely resulting in your conviction.
There is another option. DO NOTHING.
If you do nothing, after 15 days, your case goes to a justice of the peace who rules based on the evidence at hand. Basically this is the ticket and officer notes. You’re not there, so you enter no evidence. So you’re fucked right? Wrong.
The JP will review the ticket, and if they find any errors, they are deemed fatal errors since they can’t be amended without you being present.
What SHOULD happen now is the JP will notice the error, and quash the case.
[quote]where the certificate of offence is not complete and regular on its face, the justice shall quash the proceeding.
[/quote]
WIN!
If the JP somehow misses the error, you will be convicted.
:-[
Now you need to file an appeal and have your day in court. Interestingly though, in THIS situation, they CANNOT amend the error…because really the error should never have gotten past the JP, should have been fatal at the JP level, and should have been quashed. If you notify the crown and judge of this at your appeal, the ticket will THEN be quashed.
Precedent is London (City of) vs. Young, 2006
We went through this on a ticket with my wife. Just thought I’d share. It was a ‘no insurance’ ticket (she didn’t have the pink proof in the car, and got a ticket) but the officer forgot to write the amount of the fine in. Fatal error, caught by JP, quashed.