Author Topic: Question about a speeding ticket.  (Read 5179 times)

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Offline gryphonv

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Question about a speeding ticket.
« on: November 27, 2016, 12:13:12 »
Looking for some legal insight on a weird ticket I got.

I was recently pulled over for speeding (first ticket in a long time). Long and short I was speeding, I gave the police officer(not a MP) all my information, got my ticket and went on my way. He did seem to be in a rush himself (this probably affected the details later). I threw the ticket in my glove box and went on my way.

When I got home I glanced at my ticket and noticed the birthday was wrong. Then started to read it. Everything is wrong, it was issued to another person, and their Driver License. They even put that person as registered owner of my car. Which I know is wrong as I have the registration and recently renewed. 

So I feel I have a good case to get out of this ticket, I normally would of just paid and went on my way, but technically the ticket wasn't even issued to me. The only info on the ticket that is right is the car, plate, date, time and location.


Offline Brihard

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Re: Question about a speeding ticket.
« Reply #1 on: November 27, 2016, 12:18:56 »
That's ridiculously sloppy and the officer should have done better. Without your name on it, you haven't even actually been charged with an offense in a legal sense. I would contest it if for no better reason that this guy needs to pay more attention because sometimes it counts. What if you had been texting in a school zone or something and genuinely endangering people? Having a ticket tossed for a careless error is a bit embarrassing, but sometimes it results in learning.
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Offline Inspir

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Re: Question about a speeding ticket.
« Reply #2 on: November 27, 2016, 12:37:47 »
Sounds like he may have accidentally given you a carbon copy of someone else's ticket that he wrote earlier in the day. Is the vehicle (Make and License Plate) on the ticket that one you were driving or a different one?

Offline gryphonv

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Re: Question about a speeding ticket.
« Reply #3 on: November 27, 2016, 12:45:00 »
I was thinking that at first, or a combination of that.

The ticket has my car and licence plate. Just the other person as the driver and registered owner.

Date, time, location, the car and plate are all correct. Everything else isn't.

I'm not sure of the systems they use, but it seems like there was information the officer didn't clear out when they printed the ticket.

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Re: Question about a speeding ticket.
« Reply #4 on: November 27, 2016, 12:46:34 »
I don't know if it's an urban legend or not, but do Officers ever make ticket writing mistakes that are not entirely accidental?

ie: Maybe they feel obligated to write a ticket - people watching - but for one reason or another, want to give you a break?

Again, I don't that to be a fact, but I have heard it said.

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« Last Edit: November 27, 2016, 13:00:40 by mariomike »

Offline Brihard

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Re: Question about a speeding ticket.
« Reply #5 on: November 27, 2016, 12:49:53 »
I don't know if it's an urban legend or not, but do Officers ever make ticket writing mistakes that are not entirely accidental?

ie: Maybe they feel obligated to write a ticket - people watching - but for one reason or another, want to give you a break?

Again, I don't that to be a fact, but I have heard it said.

I've never personally seen it or done it. I can believe it'a been done. Personally I'be never worked under a quota system, or in a context where I didn't feel empowered to exercise reasonable discretion if I didn't feel charging someone with an offense was necessary to curb minor misbehaving.
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Online mariomike

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Re: Question about a speeding ticket.
« Reply #6 on: November 27, 2016, 12:55:19 »
I've never personally seen it or done it. I can believe it'a been done. Personally I'be never worked under a quota system, or in a context where I didn't feel empowered to exercise reasonable discretion if I didn't feel charging someone with an offense was necessary to curb minor misbehaving.

I just mean that in my previous line of work, sometimes mistakes were made in the report. Wrong mailing address, billing copy got lost, forgot to put a carbon, misfiled, etc.  All sorts of mistakes could be made.

Offline George Wallace

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Re: Question about a speeding ticket.
« Reply #7 on: November 27, 2016, 12:55:25 »
Looking for some legal insight on a weird ticket I got.

I was recently pulled over for speeding (first ticket in a long time). Long and short I was speeding, I gave the police officer(not a MP) all my information, got my ticket and went on my way. He did seem to be in a rush himself (this probably affected the details later). I threw the ticket in my glove box and went on my way.

When I got home I glanced at my ticket and noticed the birthday was wrong. Then started to read it. Everything is wrong, it was issued to another person, and their Driver License. They even put that person as registered owner of my car. Which I know is wrong as I have the registration and recently renewed. 

So I feel I have a good case to get out of this ticket, I normally would of just paid and went on my way, but technically the ticket wasn't even issued to me. The only info on the ticket that is right is the car, plate, date, time and location.

Was this a handwritten ticket or an electronic one?

With all those errors, I would appear in court and have it thrown out.  Ignoring it could be problematic.
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Offline gryphonv

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Re: Question about a speeding ticket.
« Reply #8 on: November 27, 2016, 12:59:59 »
It is electronic.

I don't plan on ignoring it, as I wouldn't want it to be attached to someone else licence, and they getting a nasty surprise when they try to renew. 

Worse case I go to court and they fix the errors, and I still have to pay it. Not my preferred outcome but still I prefer this than someone innocent getting pegged with a charge.


Offline George Wallace

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Re: Question about a speeding ticket.
« Reply #9 on: November 27, 2016, 13:08:32 »
I don't think that it would be LEGAL to fix the errors on the ticket in Court.  It may then be a fact of subpoenaing the officer's notebook and relying on how accurately they kept their notes.  If the officer does not appear, as is sometimes the case, it may be dismissed.  However, the judge may simply ask you one question only: "Are you guilty?"  That may be the only thing asked and your reply would determine the charges.
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Re: Question about a speeding ticket.
« Reply #10 on: November 27, 2016, 13:11:40 »
However, the judge may simply ask you one question only: "Are you guilty?" 

Hmmm...

Offline Brihard

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Re: Question about a speeding ticket.
« Reply #11 on: November 27, 2016, 13:17:20 »
I don't think that it would be LEGAL to fix the errors on the ticket in Court.  It may then be a fact of subpoenaing the officer's notebook and relying on how accurately they kept their notes.  If the officer does not appear, as is sometimes the case, it may be dismissed.  However, the judge may simply ask you one question only: "Are you guilty?"  That may be the only thing asked and your reply would determine the charges.

To which the answer is "what offense am I charged with?" He can only be made to plead to a charge alleged against him by name on a sworn information. Hell, without his actual name on the ticket, he hasn't even been compelled to court to answer the charge. He's not charged with an offense. Nothing legally obligates  him to attend unless he's served with an appearance document naming him.
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Offline George Wallace

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Re: Question about a speeding ticket.
« Reply #12 on: November 27, 2016, 13:28:44 »
To which the answer is "what offense am I charged with?" He can only be made to plead to a charge alleged against him by name on a sworn information. Hell, without his actual name on the ticket, he hasn't even been compelled to court to answer the charge. He's not charged with an offense. Nothing legally obligates  him to attend unless he's served with an appearance document naming him.

TRUE.....

I was mixing up a few of the facts.... [:-[
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Offline shawn5o

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Re: Question about a speeding ticket.
« Reply #13 on: July 19, 2017, 14:24:27 »
I've never personally seen it or done it. I can believe it'a been done. Personally I'be never worked under a quota system, or in a context where I didn't feel empowered to exercise reasonable discretion if I didn't feel charging someone with an offense was necessary to curb minor misbehaving.

I had. I was told by my MP sgt (name withheld to protect the guilty) that he wanted at least two tickets issued per shift. This was in Edmonton back in the 90s
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Offline shawn5o

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Re: Question about a speeding ticket.
« Reply #14 on: July 19, 2017, 14:28:51 »
It is electronic.

I don't plan on ignoring it, as I wouldn't want it to be attached to someone else licence, and they getting a nasty surprise when they try to renew. 

Worse case I go to court and they fix the errors, and I still have to pay it. Not my preferred outcome but still I prefer this than someone innocent getting pegged with a charge.

Pay it. I attended court in Morinville awaiting to present my evidence when a guy facing the judge claimed a slightly similar ticket and the judge said he disagreed with the guy and ordered him to pay up.

Now about that cop and his screw-up... I really don't know what to say about that
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Offline gryphonv

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Re: Question about a speeding ticket.
« Reply #15 on: July 19, 2017, 15:45:47 »
Bit of a necropost revival here.

I ended up getting ahold of the RCMP officer through his detachment. He ended up destroying the ticket.

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Re: Question about a speeding ticket.
« Reply #16 on: July 19, 2017, 18:16:22 »
Saves both of you some trouble and embarrassment then.
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Offline LunchMeat

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Re: Question about a speeding ticket.
« Reply #17 on: July 19, 2017, 18:53:33 »
Usually the Court Clerk scrutinizes the tickets once Sworn and submitted

If there's errors, the Clerk is supposed to quash it instead of registering it to the docket.
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