Speeding ticket road name error? - Kawasaki Versys Forum
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post #1 of 28 (permalink) Old 07-11-2009, 04:33 AM Thread Starter
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Speeding ticket road name error?

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.

Last edited by invader; 07-11-2009 at 04:50 AM.
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post #2 of 28 (permalink) Old 07-11-2009, 07:32 AM
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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.
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post #3 of 28 (permalink) Old 07-11-2009, 10:16 AM
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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***

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post #4 of 28 (permalink) Old 07-11-2009, 09:05 PM
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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.

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post #5 of 28 (permalink) Old 07-11-2009, 09:37 PM
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fight it....if you can't afford the points on your licence

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...... FYI -It's a gamble like any other.....
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post #6 of 28 (permalink) Old 07-11-2009, 10:10 PM
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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.
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post #7 of 28 (permalink) Old 07-12-2009, 12:30 AM Thread Starter
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Originally Posted by NYGreenV View Post
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.
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post #8 of 28 (permalink) Old 07-12-2009, 01:00 AM
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Hope you get off scott free, Invader.

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post #9 of 28 (permalink) Old 07-12-2009, 01:17 AM Thread Starter
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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.":
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Last edited by invader; 07-12-2009 at 01:22 AM.
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post #10 of 28 (permalink) Old 07-12-2009, 06:16 AM
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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
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post #11 of 28 (permalink) Old 07-12-2009, 07:11 AM
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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.
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post #12 of 28 (permalink) Old 07-12-2009, 12:11 PM
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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.
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post #13 of 28 (permalink) Old 07-12-2009, 12:12 PM
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Originally Posted by healdem View Post
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...
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post #14 of 28 (permalink) Old 07-12-2009, 04:57 PM
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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.
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post #15 of 28 (permalink) Old 07-12-2009, 05:11 PM Thread Starter
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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.

Last edited by invader; 07-15-2009 at 08:18 PM.
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post #16 of 28 (permalink) Old 07-12-2009, 05:24 PM Thread Starter
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Originally Posted by healdem View Post
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.
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post #17 of 28 (permalink) Old 07-12-2009, 05:29 PM
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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!

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post #18 of 28 (permalink) Old 07-12-2009, 08:50 PM
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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.
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post #19 of 28 (permalink) Old 07-12-2009, 11:14 PM Thread Starter
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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...

Last edited by invader; 07-12-2009 at 11:23 PM.
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post #20 of 28 (permalink) Old 07-13-2009, 06:02 AM
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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!!!!!!!!!!!!
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