Officer put 60 zone and it was an 80 zone.

[Streetthispgt]

Hi Gta Motorcycles,

I got a speeding ticket today doing 116 in a an 80 zone. The officer admitted his mistake while he was about to hand me the ticket and said he put a 60 zone by accident, went back scribbled it out and now neither the 6 or the 8 is visible in the intended 80. Just one big scribble.

Will this get thrown out in court? What is the best way to fight this ticket?

Thanks.

[toysareforboys]

What is the best way to fight this ticket.

Plead not guilty.

-Jamie M.

[Streetthispgt]

Would it get thrown out in court due to the unclear ticket?

[BusaBob]

Would it get thrown out in court due to the unclear ticket?

i'm thinking, likely "no".

[HunGJaI]

You would probably have your ticket thrown out if he did not catch his own mistake...

It will probably not get thrown out for "unclear" ticket, as long as the ticket states 80 and not 60...Your stick with it...

But FIGHT IT

[MarcosSantiago]

Yes
and
No
So
it
Depends

I'd like to see the ticket. The officer made a mistake that he admitted to, did he make others? If the officer corrected the speed limit, THEN he MUST ensure that the fine amount as well as the total payable amount are correct (probably he calculated the fine as a 60 kph limit, so the fine is wrong too).

The legal question is... does an alteration to a Certificate of Offence prior to its filing constitutes an amendment?
Amendments to a Certificate of Offence are to be done only in court after due consideration by the Court.

The legal answer is... it will depend on the court

[22] Thus while an officer may alter the certificate before filing it, there are certain dangers in so doing. In a case such as this he runs the risk of having the court reject his evidence or alternatively amend the certificate to its original state to comply with the evidence.
Source: http://www.canlii.org/en/on/oncj/doc...07oncj250.html

First of all, is the total payable correct?
If not, the ticket will be quashed

Good luck

[bear22099]

Yes
and
No
So
it
Depends

I'd like to see the ticket. The officer made a mistake that he admitted to, did he make others? If the officer corrected the speed limit, THEN he MUST ensure that the fine amount as well as the total payable amount are correct (probably he calculated the fine as a 60 kph limit, so the fine is wrong too).

The legal question is... does an alteration to a Certificate of Offence prior to its filing constitutes an amendment?
Amendments to a Certificate of Offence are to be done only in court after due consideration by the Court.

The legal answer is... it will depend on the court




First of all, is the total payable correct?
If not, the ticket will be quashed

Good luck

If he had of calculated the fine based on 60kmph, the OP would have been walking home.

[Rob MacLennan]

If he had of calculated the fine based on 60kmph, the OP would have been walking home.

In other words, it wouldn't have been a fine.

[MarcosSantiago]

If he had of calculated the fine based on 60kmph, the OP would have been walking home.

The answer is (again) it depends... on the discretion of the officer

[Grimmy]

In other words, it wouldn't have been a fine.

Precisely. A 60 kph would have changed the ticket to a summons, or a clearly quashable ticket.

I say take the ticket to a paralegal.

[Rob MacLennan]

Precisely. A 60 kph would have changed the ticket to a summons, or a clearly quashable ticket.

I was thinking more "immediate tow."

[Streetthispgt]

The ticket fine is correct, $271 .

However the speed limit in the zone written on the ticket is completely illegible.

Any suggestions for fighting this ticket?

[Grimmy]

Suggestion: hire a paralegal.

[DucDic]

i had something similar happen to me on a ticket...the office has put 72 in a 50 zone, but then i found out from the city that it was actually a 60 zone, court dismissed the ticket due to insufficient evidence...in your case, had it been a 60, you would be walking home instead...i dunno what the prosecutor would say if you argued it...probably not care since you could have lost your ride and incurred some serious expenses...i would still take it to court and plead for a lesser charge since that will be 3-4 point off your license for more than 20 over...

[MarcosSantiago]

The ticket fine is correct, $271 .

However the speed limit in the zone written on the ticket is completely illegible.

Any suggestions for fighting this ticket?

I will repeat my suggestion: First of all, is the total payable correct?

Looks like speeding 116 on an 80kph = 36 kph over the limit
According to "SCHEDULE B HIGHWAY TRAFFIC ACT - SPEEDING" the fine is $6 per km, or 36 x $6 = $216 (plus victims surcharge). Exactly how did you get $271?

On top of that... The only way that you know the ammount is correct or incorrect is because you were there, and know that the officer meant to write - 116 on an 80 kph ... BUT...

If the scribble is as bad as you say, when the ticket is processed, the clerk will not be able to determine if the amount is correct or incorrect, because he needs to see the speed limit to do the calculation

http://www.gtamotorcycle.com/vbforum...ad.php?t=63529

No conviction if fine wrong, court rules TheStar.com - GTA - No conviction if fine wrong, court rules
May 31, 2008
Tracey Tyler
Legal Affairs Reporter
http://www.thestar.com/printArticle/434553

Do you see what I mean?

[MarcosSantiago]

Another good link for your, please read it carefully...

http://www.ticketcombat.com/offences/fines.php