Notice of Hearing Date: Wrong allegation

[ttc0730]

So... I had a minor accident last winter which left me with no front plate and a violation for failure to display said plate (MVA Section 3.011). Given the short time between the crash and the ticket, I chose to dispute the allegation. Anyway, the notice of hearing date arrived a while back and it listed MVA Section 30.11(1) instead:

"A person who holds a Class 7L, 8L, 7 or 8 licence must not operate a motor vehicle while having alcohol in his or her body."

The problem is I got my Class 5 years ago, so it took a lot of head scratching to figure out what the original violation was. My hearing date is in 3 weeks and I don't want to waste my time or the court's time over a typo, so here are my questions:

1. Which allegation will I be disputing?
2. Is there anything I can still do about it?

[sho_bc]

What does the ticket say? The notice of dispute is nothing but a time/date/location information slip for you.

[zulutango]

The charge as you stated is supposed to be for a missing front plate but the VT was issued for the wrong section. As it stands now there is no way the charge can go ahead. His evidence would be for the plate but you have been charged for an alcohol violation. 3.011(a) MVA regs is what it should be. I'm assuming that the VT mentions the plate and not the booze? The charge description and section is read out at the start of your trial and maybe the use of the wrong section would be picked up by the JP as the section and description do not match. I'm surprised that the VT screening process did not pick up the mistake?

If you dispute it and show up the charge would end up having to be stayed because you were charged for the wrong section of the Regs. If not, a new proper VT would have to be issued and that is required to be done within 12 months of the offence. As court dates are longer than that in most areas, I can't see how it could proceed. If you don't dispute it then you will be deemed convicted.

Attachment of number plates

3.011 Number plates issued for a vehicle under the Commercial Transport Act or Motor Vehicle Act must be attached

(a) one plate to the front and one plate to the rear of the vehicle, if 2 number plates are issued for a vehicle, and

(b) to the rear of the vehicle, if a single number plate is issued for a vehicle.


No-alcohol restriction for Class 7L, 8L, 7 and 8 licences

30.11 (1) A person who holds a Class 7L, 8L, 7 or 8 licence must not operate a motor vehicle while having alcohol in his or her body.

[ttc0730]

Thank you for the quick response. I don't have the original VT anymore, but I recall it mentioning the plate one way or another. I'm sure the officer didn't write down the wrong description and I couldn't have missed it either way.

Based on your replies, I'm assuming the error is not just a typo on an information slip, but is also apparent in the court records. I guess I caught a lucky break.

[zulutango]

As an additional note...the front plate charge is under the MV Act REGULATIONS and the alcohol charge is under the MV ACT Not much chance to convince a JP to let that one slide. if you contact the court they should be able to supply you with a copy of the VT, just to make sure the mistake was not in the court notifier but was also on the face of the VT.

[sho_bc]

Don't be so sure yet. Generally (not always) tickets with incorrect/mis-matched charge sections and wording get bounced back to the officer and don't make it to dispute stage.

It is possible that when it was entered into the computer, there was a typo. I've received notice of disputes with very wrong spelling when the spelling was correct on the VT. Confirm it on the actual VT on the day of court.

[zulutango]

Originally Posted by sho_bc

Don't be so sure yet. Generally (not always) tickets with incorrect/mis-matched charge sections and wording get bounced back to the officer and don't make it to dispute stage.

It is possible that when it was entered into the computer, there was a typo. I've received notice of disputes with very wrong spelling when the spelling was correct on the VT. Confirm it on the actual VT on the day of court.

Like SHO BC said...check with the court for a copy of the actual VT and not just the court docs. If he issued you the correct VT and the mistake is in the court notifier then it's an entirely different game.

[xilley]

from what I would do is:

1. go to court and fight that ticket because it would be an easy win, when the officer has NO notes what so ever about you being influenced under alcohol. so in that case you win the case and your ticket is gone and if you find yourself not winning, just say WAIT what am I here for I thought I was here for no front plate - pretty much act a fool.

Then what would happen is : judge allows the officer to change the ticket to the correct section and allow you to ADJOURN your date for another hearing OR proceed it on the same date. (happened to me with a ticket being section a and b owner - driver)

2. just call in and tell them its wrong. and face your ticket offense.

personally, I would go in and act a fool. and just hope your judge is nice enough to waive it.

[ttc0730]

Confirmed before the hearing; the error is only on the info slip/court notifier.

Nonetheless, the matter is resolved. Thanks again, your information was accurate and helpful.

[jlenko]

Dare you to show up drunk