On Canada day, I was charged for 70 Km/hr (43 mph) in a 50 (30 mph) zone on EB (east bound) "Jackson Rd.", "Micheal" Township, when I was actually on "Jackson Bay Rd." There is another rural gravel road named "Jackson Rd." about 7 Kms away in the next township, where there is coincidently no posted speed limit (80 K limit)... Can I beat this in court, and how? I'm just waiting for the court date, and there's a possibility that the unfamiliar cop is from out-of-town and won't show up to defend his ticket.

In the US, they will just amend the ticket to reflect the proper street name. I have had them change the code number of the violation in court when the LEO wrote the ticket under the wrong violation.

Good luck with the ticket.

Just pay the man...I know it sucks...But if the cops up there are the same as here they get paid to go to court...Chances of you beating it...Slim to S***

In NY it pays to challenge. Usually the town attorney or cop will knock it down to some kind of non-moving violation just to avoid a trial.

While the fines might be the same, the points stay off your license and the insurance co. never gets a chance to raise your rates.

If you got a ticket from a state trooper, try to find out if they are still assigned in your area. If they were transferred, you may beat the rap.

usually it depends on the "day" the judge is having. If there's been officer screw-up one after the other, all morning long and he's sick of it, he'll probably toss it...... on the other hand if he's just had motorcyclist after motorcyclist with ridiculous speed/actions and you're next...look out...... I remember one guy I knew who was in court for pulling a wheelie in front of a school.... he just followed a guy who got caught doing 60mph in a school zone....not good... he lost his licence......:teetertooter: FYI -It's a gamble like any other.....

Were you speeding? Will you take responsibilty for your actions? Personally, when I speed, that's the choice I have.
If you're innocent, that's whole different deal.

In NY it pays to challenge. Usually the town attorney or cop will knock it down to some kind of non-moving violation just to avoid a trial.

While the fines might be the same, the points stay off your license and the insurance co. never gets a chance to raise your rates.

If you got a ticket from a state trooper, try to find out if they are still assigned in your area. If they were transferred, you may beat the rap.

I should know soon if he was assigned here from out of the area that day... It's my best chance. If not, I'll just relate to the actual "Jackson Rd." noted on ticket. It's not in "Micheal TWP", but that could also be a mistake, I suppose.

Hope you get off scott free, Invader.:teetertooter:

Thank you, stlee29... I'll have the court date soon and will see what the lawyer thinks my chances are, without hiring him... I was actually in my car, and the marked limit on that long straight concession "Jackson Bay Rd." isolated in the woods used to be 70 K.
Here's a pic of "Jackson Rd.":

The Cop wrote you a Ticket for speeding on this road !!! He has too much time on his hands and needs to find a Donut Shop

if they ask you the question were you speedign on road blah di blah, and you weren't then by definition you are not guilty. its up to the prosecuiton to prove the case. if they make a point of the specified road (and they would have to) then the case fails at the first hurdle.

if you can prove you weren't speeding on the named road then you should be OK. the only issue I could see would be if they caught you speedign withg soem proof of device say radar or laser, then depending on the statutes then they may well be able to rescind the original ticket and issue you with a new ticket. in the UK for some speed devices the summons has to be issued within 14 days. if the ticket is incorrectly issued its void. some people successfully get off based on technicalities such as incorrect wording, incorrect forms, incorrect signage and so on.

The Cop wrote you a Ticket for speeding on this road !!! He has too much time on his hands and needs to find a Donut Shop
The way I read it, that's not the road he was on.

if they ask you the question were you speedign on road blah di blah, and you weren't then by definition you are not guilty. its up to the prosecuiton to prove the case. if they make a point of the specified road (and they would have to) then the case fails at the first hurdle.

if you can prove you weren't speeding on the named road then you should be OK. the only issue I could see would be if they caught you speedign withg soem proof of device say radar or laser, then depending on the statutes then they may well be able to rescind the original ticket and issue you with a new ticket. in the UK for some speed devices the summons has to be issued within 14 days. if the ticket is incorrectly issued its void. some people successfully get off based on technicalities such as incorrect wording, incorrect forms, incorrect signage and so on.
Depends on what the definition of "is" is...

I contested a speeding ticket last year and was very pleased with the outcome: the fine was reduced and no points were taken off. The crown prosecutor had a stack of files on his desk about 2 feet high, so he was very happy to negotiate a deal. He had me plead guilty to a lesser charge and all was settled. Keep in mind that it took all morning to conduct about 3 minutes of business, so unless there are points involved for you, invader, I'm not sure I would bother.

It is 3 demerit points for 20 Km/hr over (16-30 over), possibly over $100 more in insurance per year for 3 years, and I've already sent the ticket requesting a trial to dispute the officer's evidence. There is a chance he wouldn't show up, I'll know soon if he's local or not. I just want to be ready to fight it if I can.

if they ask you the question were you speedign on road blah di blah, and you weren't then by definition you are not guilty. its up to the prosecuiton to prove the case. if they make a point of the specified road (and they would have to) then the case fails at the first hurdle.

if you can prove you weren't speeding on the named road then you should be OK. the only issue I could see would be if they caught you speedign withg soem proof of device say radar or laser, then depending on the statutes then they may well be able to rescind the original ticket and issue you with a new ticket. in the UK for some speed devices the summons has to be issued within 14 days. if the ticket is incorrectly issued its void. some people successfully get off based on technicalities such as incorrect wording, incorrect forms, incorrect signage and so on.

Thanks, healdem. That does make sense. I should stick to the "fact" stated on ticket that has me driving on a road without a posted 50 K limit... He may have the right township, but it doesn't match the noted road. I just wonder how significant omitting "Bay" from the road name is to the judge.

Take it to court. The Judge will only give the statement of the ticket then ask "yes" or "No" questions. In traffic court all they want to hear is yes or no and no buts. Got busted for something very similar and the most you would get is 15km over and $45.00 not points. Since the actual location is wrong it will probably get thrown out even IF the cop shows up. They are trained to be specific so it is his error since you where not at that actual location as stated on the ticket and neither was he!

invader,
You can always hire one of these outfits like Pointts or ex-copper to represent you in court. When I went, one of those guys was handling about 20 cases. He got reductions in every single one. My infraction was for 3 points as well (speeding, same as you). The judge never asked if the police officer who had written my ticket was present. He asked me how I wanted to plead, I said guilty with an explanation and he said to talk with the prosecutor during the break. He went through this with everyone else in the courtroom too, then we took break and were called one by one into a little office to talk with the prosecutor. He asked me how I wanted to plead, I said I wasn't sure because while I was speeding I had a reason. He didn't want to hear about any of that but wanted to know if the issue was the fine or the points. I said the points and then the police officer present said oh, that's easy, we'll just reduce the speed of the infraction. Back in court the judge asked me again how I wanted to plead, I said guilty, the prosecutor read the newly reduced charge, I was told I had 30 days to pay the fine and I was free to go. Well worth the effort. Good luck.

Mt. Versuvius, I guess you had sent the ticket checked in Option 3 asking for a trial, but not with the option to contest the officer's evidence like I did? In that case, he wouldn't have to be present and the court can rely on given evidence... So I'm pleading not guilty by showing that I got a ticket for 70 K in a 50 K on a rural road with no posted limit, and show pics of "Jackson Rd." as marked on ticket, somehow...

invader,
I think you'll be fine. I don't remember there being a box on my ticket to contest the officer's evidence, but maybe there was. Someone on another forum recommended dressing up in a suit and tie but I think justice really must be blind because there were some rough looking dudes the day I went and the judge gave them an equally fair shake. One young lad I remember had been caught driving without insurance for the second time: $8000 fine and a year to pay!!!!!!!!!!!!

I just man up and see the DA ask for a prayer for judgment, pay court costs and go home. It's not a guilty to the insurance company, nor points against my license. As long as you are not a repeat offender it's not a problem.

When Big Money uses lawyers to manipulate the system it angers me. I was doing what he said I was doing. Why would I try to slime my way out of it?

Dan

You never answered my question.
Were you speeding or not?

I once got a speeding ticket and the officer wrote the wrong month on the ticket. I had heard of tickets being corrected in court so I did not want to waste my time there, instead I circled the date in red pen and enclosed a letter with my payment.
My letter stated that I was not paying the fine a month late but rather the officer who charged me did not know what month it was...I don't know how he could tell exactly what speed I was doing when he did not even know what month it was. The cheque was returned with a charges quashed notice....Happy Day, still have the ticket.
If you do end up in court do not correct the location merely notify them that you were not in that location that day.
Good Luck

I once got a speeding ticket and the officer wrote the wrong month on the ticket. I had heard of tickets being corrected in court so I did not want to waste my time there, instead I circled the date in red pen and enclosed a letter with my payment.
My letter stated that I was not paying the fine a month late but rather the officer who charged me did not know what month it was...I don't know how he could tell exactly what speed I was doing when he did not even know what month it was. The cheque was returned with a charges quashed notice....Happy Day, still have the ticket.
If you do end up in court do not correct the location merely notify them that you were not in that location that day.
Good Luck

That approach does make sense, muskie. I can also show pics of the road noted on ticket which has no posted limit, stating that I wasn't there...

ddouble; I don't believe we have that option in Canada. The best that usually gives is more time to pay the fine. Having it reduced to a lower speed with no accumulated demerit points would only slightly reduce the fine, and insurance would still rise over $100 per year for 3 years...

When you go to fight the ticket you will get to talk with the Crown Attn. Tell him you were not on the road in question as well as the road in question is not even in the township in question. Also mention the speed postings (maybe for both roads??). If nothing else you can probably plead to a lesser offense with no demerits.
Keep us posted.

I'm thinking I'll go with a lawyer ($500) which I spoke to already before I realized the road name error. I'll see what he says once I get the court date...

I'm thinking I'll go with a lawyer ($500) which I spoke to already before I realized the road name error. I'll see what he says once I get the court date...

$500 bucks? How much is the ticket? Are you going to lose your license or something?

Actually, I've just been reminded to check with our good old family lawyer instead first possibly for less, so we'll see... Ticket (wrong road noted) is $95 and 3 demerit points, then well over $100 more insurance per year for 3 years for 70 Km/hr in a 50 zone on a long stretch of isolated concession gravel rural road in the woods, where limit used to be 80 K as most still drive at, and it's 3.1 Km (2 miles) before the next posted limit... It's been over 6 years since the last one, so I have no demerit points.