Errors and Mistakes on Speeding Tickets
Speeding tickets may have two (2) types of errors called, “Minor Mistakes” and “Fatal Errors”,
Minor mistakes are mistakes that are fixable or forgivable by the court.
Minor mistakes on a speeding ticket are fixable and the court will not cancel a speeding ticket for a minor mistake. The court will “amended” the ticket to correct a minor mistake.
Examples of minor mistake on a speeding ticket could be;
- Spelling mistakes
- Misspelling of a name or location
- Incorrect or vague location
- Incorrect time (except for sign tickets)
- Improper description of vehicle
Minor errors are fixable by the court, or the court may decide that the error has no bearing on the charge of speeding.
The justice may decide to amend the ticket, or disregard the error when making a judgment about your case.
Fatal errors on speeding tickets are mistakes that will get the ticket canceled.
With fatal errors, there may be conditions or caveats to having the ticket canceled and a lot can depend upon the justice reviewing your case.
When presented with a fatal error, the Justice may respond to the defendant that by appearing in court any prejudice regarding the error has been absolved and a conviction to the speeding ticket should be registered, regardless of the error.
Prior to entering a plea, the justice is “suppose” to examine the ticket to ensure that there are no fatal errors.
Where the justice finds a fatal error, the justice should cancel or quash the ticket (Quashing a speeding ticket is the legal term for canceling a ticket).
A defendant (the person who received the ticket) or the agent of the defendant may ask the justice to examine the “Certificate of Offence” prior to entering a plea to the charge, to ensure that it is “Proper on it’s face”.
Should the justice examine the certificate of offence and find that it is not “Proper on it’s face” then the justice should cancel the ticket.
|Date is wrong||Yes||No|
|Time is wrong||No||yes|
|Name is wrong – spelling mistake||no||yes|
|Address is wrong||no||yes|
|Drivers licence number is wrong||no||yes|
|Location of offence is wrong||Maybe||Maybe|
|Description of Charge is wrong||Maybe||Maybe|
|Charging Act is wrong||Maybe||Maybe|
|Licence plate of vehicle is wrong||No||Yes|
|Signature of Officer is missing||Usually||Yes|
|Fine is Wrong||Yes||no|
Caution about Errors
Whether or not a speeding ticket is canceled due to a fatal error is still up to the justice to see the error and then decide to cancel the ticket or not.
Ontario drivers may want to seek legal advice about dealing with the speeding ticket error as many courts will take the ruling that once you appear for your case then the error doesn’t matter.
The legal ruling on this is that you have “Attorned to the Jurisdiction of the ticket” and therefore the error is not applicable in your situation.
When dealing with errors like improper fines, you may have to go the route of not responding to the ticket.
Once you have not responded to the ticket then the justice is suppose to review the ticket to ensure it is “proper on it’s face” meaning there are no errors on the ticket.
If the justice finds that the ticket is proper on it’s face then they may register a conviction.
Where the ticket is improper on it’s face the proper remedy for the court is to quash or cancel the ticket.
The justice of the peace, (the judges that rule in traffic court) do not always make the decisions that they should have or that you believe they should have.
Should the justice make an error in judgement then the only remedy left to the defendant is to take the case to the appeal court.
Error on Ticket – Judge does not Cancel
At this stage of the hearing if the justice sees the error on the speeding ticket they should to cancel or “quash” the ticket.
Where the justice does not see the error or doesn’t cancel the ticket and registers a conviction, then you have to file an appeal to the higher court.
The appeal would say that the Justice made an error in judgment, in that the speeding ticket had a fatal error and the Justice should have quashed or canceled the ticket.
As this starts to get into technical law you may be advised to seek the legal help of speeding ticket paralegals.
Always fight your speeding ticket!