Unfortunately an incorrect location, on the citation, isn't a fatal error. I don't understand that myself, since the location can invalidate the charge itself, but that's the way it is.
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Unfortunately an incorrect location, on the citation, isn't a fatal error. I don't understand that myself, since the location can invalidate the charge itself, but that's the way it is.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
take it to court...it's points, that's gonna hurt...i would argue that the incident did not happen at the location specified on the ticket and say no more...it'll be worth your time to do so rather than have your insurance go up for the next 3 years...
This is very risky, I wouldn't necessarily go this route.
I would 100 % fight it though. Location wrong isn't a fatal error as Rob explained, however, it is a good enough error to go to court on.
However, I wouldn't lay it all down on the location, I would also argue that you did come to a complete stop. (if that is true of course.)
This post does not provide any legal advice and readers should consult with their own lawyer for legal advice.
I did stop, the cop claimed I "did not stop long enough"
I made an appointment today where I get to talk to the prosecutor in an office, informally with the officer's notes. There, the prosecutor will decide what to do and offer a resolution. If I'm not happy with it they said I can have a trial after that. Thought I would take this approach to see if the prosecutor is reasonable.
If not, off to court!
I'll still tell the prosecutor that, it was impossible for me to run a red light doing a right turn at Audley and Bayly (which it says on the ticket) since to go westbound on Bayly from Audley. That part of Audley Rd. is a dead end/road for some trucking building.
'08 Hurricane White CBR125R - SOLD
'11 Metallic Black CBR 250RA
If the cop said you "did not stop long enough".... You win
because he admitted that you stopped, and there is no legislative amount of time you have to stop for.
And the location might be enough for a prosecutor to drop it. I know a lot of crowns and they have so much of this crap on their desk that they usually don't bother, especially when there is a bunch of ez convictions lying around.
I always meet with the prosecutor. Every one of my tickets in Ontario have stopped at the prosecutor's desk.
This post does not provide any legal advice and readers should consult with their own lawyer for legal advice.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
This post does not provide any legal advice and readers should consult with their own lawyer for legal advice.
The only resolution that should be acceptable is "Whops, I'm sorry, I'll dismiss the case." Of course that isn't going to happen, the meeting is to get you to plead guilty to a lesser charge, DON'T DO IT.
A guilty plea of 3km/h over is the exact same to your insurance company as 49km/h over, running the red light, etc!!! Only take the plea if you're worried about the $345 and want to pay less and not worry about your insurance in the future.
Request disclosure, the cops notes, and a transcribed copy of the cops notes, and see what he actually wrote down, see if you can use it against him.
Good luck.
-Jamie M.
Scarborough group ride 4.0! Every Sunday, 1:30, Timmies at KC!!! Facebook group!! ^^^ OMG ROFL!!! ^^^
Dress for the crash, not for the ride...
I got pulled over once for not coming to a complete stop in the cop's eyes. When I stopped, I only put 1 foot down, not both. Because my right foot remained on the brake, clearly I wasn't stopped properly and that warranted being pulled over.
Thankfully he let me go when he realised I was on my way to church to preach. If I had of gotten the ticket, my sermon sure would have been different
Thanks for the replies everyone. Yea I doubt the officer wrote down I didn't slow down long enough since he only said that to me once.
Hopefully the prosecutor will be reasonable. Or the notes provided are very vague haha
If I get convicted I won't be able to get my M license this summer I won't be able to afford the insurance spike to take my test.
Last edited by calvin_chan; 02-08-2012 at 12:23 AM.
'08 Hurricane White CBR125R - SOLD
'11 Metallic Black CBR 250RA
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
I havent been in the car with a single person so far in Toronto that has actually come to a complete stop at a red light right turn unless there was cars coming. The weird thing is, they believe that they DID actually stop. Its hard trying to explain stopping means the car actually stops rather then just slows its forward momentum.
I plan on leaving this world the same way i came in...... Bloody and screaming.
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