01-21-2013, 02:56 PM
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#1
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CP's Fraser Crane
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Quick legal question re: traffic ticket
I received a fail to stop on a country road in SK.
The officer gave me a ticket but he didn't fill it out properly. In his "oath" part he missed the dates and his signurature.
I did some research and found this (post 46)
http://forums.redflagdeals.com/ask-m...-etc-945928/4/
Says that I can go get it squashed... The date is tomorrow and for some reason I'm nervous and just want some reassurance that I won't look like an idiot.
I was gonna plead not guilty anyways....
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01-21-2013, 02:58 PM
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#2
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Powerplay Quarterback
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It's quashed, not squashed. Will likely get quashed but the officer can reissue the ticket within a certain amount of time. Not sure if he would bother though.
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01-21-2013, 03:00 PM
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#3
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CP's Fraser Crane
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So I just go up there and say that Mumbo jumbo like he has written?
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01-21-2013, 03:08 PM
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#4
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First Line Centre
Join Date: Jun 2011
Location: Edmonton
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Quote:
Originally Posted by stang
So I just go up there and say that Mumbo jumbo like he has written?
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Every judge is different. I went to try to get out of a ticket in Grande Prairie and one of the guys ahead of me tried to get out of it because his name was not spelled correctly.
Guy: My name isn't correct on the ticket
Judge: Oh, we will take care of that then, don't worry about it
Guy: So I don't have to pay the ticket?
Judge: No we will fix the spelling on the ticket
The kid looked so sad. Then I went downstairs and paid my ticket.
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01-21-2013, 03:12 PM
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#5
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Powerplay Quarterback
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I'm not that much of an expert to be honest. When I went to fight my ticket I just met with the prosecutor and plead it down to a lesser charge that had no demerits. It wasn't worth taking a day off work to try and get out of $57.00.
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01-21-2013, 03:13 PM
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#6
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My face is a bum!
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Quote:
Originally Posted by GP_Matt
Every judge is different. I went to try to get out of a ticket in Grande Prairie and one of the guys ahead of me tried to get out of it because his name was not spelled correctly.
Guy: My name isn't correct on the ticket
Judge: Oh, we will take care of that then, don't worry about it
Guy: So I don't have to pay the ticket?
Judge: No we will fix the spelling on the ticket
The kid looked so sad. Then I went downstairs and paid my ticket.
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I forget the term for it, but a misspelled name isn't a critical error worth throwing the ticket out.
I believe missing the officer's signature, section of the offense etc is.
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The Following User Says Thank You to Bill Bumface For This Useful Post:
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01-21-2013, 03:15 PM
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#7
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Scoring Winger
Join Date: Aug 2004
Location: Houston, TX
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If I were you I would approach it as a question more than anything. For example, walk up and say I have heard that tickets were incorrectly filled out can be quashed. If they ask how it was filled out incorrectly you can just plead your case. That way, regardless of the direction of the conversation you don't look like an idiot.
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01-21-2013, 03:26 PM
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#8
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Backup Goalie
Join Date: Apr 2011
Exp:  
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I went to fight a speeding ticket (photoradar from a red light camera). I was asked why I thought I was innocent and I was unprepared. In retrospect, I should have said it was poor signage (I was trying to merge onto 16th ave N travelling EB from NB 14th street W. Sign is on the right when you have to watch your left side as you try to merge. First time I was commuting that route)
I just asked for a reduction or time to pay. They reduced it and I just paid it on my way out.
If you can say the stop sign was covered in snow or bent (take a picture). Or if you slowed to a crawl and saw it was safe to go, say that. Just be prepared to back up anything you say. Be truthful, they appreciate that.
If you blew through without braking. Pay up sucka
__________________
life only grows outside the reach of the supernova
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01-21-2013, 03:26 PM
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#9
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Lifetime Suspension
Join Date: Sep 2011
Location: Calgary
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The term is fatal error.
I'm not sure the ticket is validly issued if it doesn't have the date of the infraction anywhere on it and/or is missing the officer's signature.
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01-21-2013, 03:28 PM
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#10
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Franchise Player
Join Date: Jan 2010
Location: east van
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I would suggest walking into court and, when asked for a plea, say it is imposible for you to plead as the officer didn't fill in the date, and as you so routinely speed, run red lights and drive hammered that there is no way for you to recall an individual transgression without either a date to or a major accident to remember it by.
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01-21-2013, 03:31 PM
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#11
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CP's Fraser Crane
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Ill take a pic of the part when I get home. I would rather not fight it, so if I can get it thrown out then that's a way better option.
In that link I provided it says that misspelling of the name won't get it tossed btw.
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01-21-2013, 05:47 PM
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#12
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CP's Fraser Crane
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Here is the parts he didn't fill out
Last edited by stang; 01-22-2013 at 11:26 AM.
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01-21-2013, 10:56 PM
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#13
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Lifetime Suspension
Join Date: Jun 2008
Location: On my metal monster.
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Not sure if it is the same, but last year I got a ticket for not having my registration sticker (it was Sept. 9 and mine expires in August). The cop pulled me over, issued me a $240 ticket and I was on my way. My dad brought it to a lawyer and when he looked it over he found the cop didn't check the "witnessed the crime" part, and it was reduced down to $40 which I believe was just the lawyer fee.
I'm no lawyer, but if he didn't sign the ticket then I would think it would be invalid and you should pay $0.
Seriously, some of them take like 20 minutes to fill out a ticket, if they can't do it correctly then it should be completely invalid, especially if they can't sign it or like in my case check a box.
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01-21-2013, 11:14 PM
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#14
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First Line Centre
Join Date: Aug 2004
Location: Fort McMurray, AB
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Plead insanity.
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01-22-2013, 12:11 AM
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#15
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Poster
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no date, no signature?
if only i was this lucky with my tickets...
yeah, it's definitely worthy of being thrown out. Must've been the officer's first day on the job
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01-22-2013, 09:25 AM
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#16
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CP's Fraser Crane
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Well off I go... Kinda nervous
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01-22-2013, 09:41 AM
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#17
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First Line Centre
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Worse that can happen is they throw you in jail and then you get "jailhoused" and can never walk proper again.
Good luck!!
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01-22-2013, 10:08 AM
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#18
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Franchise Player
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Quote:
Originally Posted by stang
Well off I go... Kinda nervous
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Good luck! Let us know what happens.
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01-22-2013, 10:38 AM
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#19
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CP's Fraser Crane
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Well I said that stuff, and he just booked me a trial for may...
I really wanted it to be quashed and done with. Oh well
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01-22-2013, 10:39 AM
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#20
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Scoring Winger
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So much bad legal advice, not sure where to start!
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