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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 12-31-2010, 08:36 PM   #1
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What grounds can tickets be thrown out in traffic court?

If there is wrong info on the ticket like birthdate or name is that an automatic dismissal?
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Old 01-01-2011, 02:14 PM   #2
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It depends how much of the information is wrong (and which information), as well as on the JJP. Writing "John Smith" with DOB of 1980-01-01 instead of "Jane Doe" with DOB of 1991-12-31 will likely see the ticket thrown out. Mis-spelling a first or last name, but having the rest of it correct, along with correct DOB and BCDL# might get waived by the JJP.

Remember, anything written in the shaded areas is technically not necessary.
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Old 01-01-2011, 03:18 PM   #3
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My dad had one ticket thrown out because the officer had a strange case of numerical dyslexia. He managed to merge my dad's birthday with the date of the offense.

Time of offense: End of September 2009

Offense date recorded: November XX 2009
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Old 01-01-2011, 04:13 PM   #4
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It depends how much of the information is wrong (and which information), as well as on the JJP. Writing "John Smith" with DOB of 1980-01-01 instead of "Jane Doe" with DOB of 1991-12-31 will likely see the ticket thrown out. Mis-spelling a first or last name, but having the rest of it correct, along with correct DOB and BCDL# might get waived by the JJP.

Remember, anything written in the shaded areas is technically not necessary.
It may not technically be necessary, but it should call into question the level of accuracy with which the alleged offence was observed.

If the officer can't spell my name correctly when copying it directly from my licence, how can I trust that his reading of the laser gun display is correct?
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Old 01-02-2011, 12:27 AM   #5
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If the officer can't spell my name correctly when copying it directly from my licence, how can I trust that his reading of the laser gun display is correct?
How about... the officer has had years of experience reading the laser gun display, but it's only the first time he's tried to spell your crazy-ass last name?
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Old 01-02-2011, 08:21 AM   #6
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How about... the officer has had years of experience reading the laser gun display, but it's only the first time he's tried to spell your crazy-ass last name?
Let's base the validity of the ticket on the complexity of the last name then
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Old 01-02-2011, 08:43 AM   #7
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It may not technically be necessary, but it should call into question the level of accuracy with which the alleged offence was observed.

If the officer can't spell my name correctly when copying it directly from my licence, how can I trust that his reading of the laser gun display is correct?
And you're always welcome to make that argument in court. Chances are, if that's the ONLY thing that's wrong, your dispute won't be successful, especially if your DL# is right.
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Old 01-02-2011, 09:14 AM   #8
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There is a thing called the "Schrivers test"...Take DL in hand and ask...what is your name, DOB, address...is that your signature, compare picture with driver...presto , you have fulfilled the requirements of Schrivers. Any minor mistakes can be corrected before the trial testimony starts.
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Old 01-02-2011, 12:43 PM   #9
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I always wonder, how people have the gall to dispute a ticket under the pretense that it was not them that committed the offense. If it wasn't you that committed the offense, then how did you wind up with the ticket in your hand???
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Old 01-02-2011, 05:36 PM   #10
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^ unfortunately, a loophole's a loophole =p

BTW, how ya doin Rich? It's Danny
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Old 01-02-2011, 10:30 PM   #11
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Also, it's important that cops know they can't get away with just being sloppy, or things could get out of hand very fast.
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