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Last name spelt wrong on a speeding ticket, am I clear? - Click HERE for Original Thread

Redlyne_mr2
Looking at a speeding ticket I received not too long ago and I noticed the officer spelt my last name wrong. He used a t instead of a d. Also his writing is barely ledgible in most places? Can I get off of this or will the CP tell me to F off?
BlkMaxima
Nope your stuck with it They spelt my last name wrong too so I didn't pay it and when I went to renew my license they wouldn't let me because I had an outstanding ticket!!
e_racer
I heard if they made any mistakes then the ticket is voided. Call and ask first , what action to take if it is voided.
BlkMaxima
^^^^^^^
I doubt it as long as they can prove it was you Example ( they can match whatever info that is correct to find out the real name and stuff) License plate, also on the cops copy of the ticket he will write other descriptive things such as if you were polite or not
jaysas_63
if they spelt ur last name wrong, the ticket is void, and u do NOT have to pay (i'm 95% sure)
Hash_man
^^ Ya i believe that is the case too... blkmaxima, all you had to do was go to court show them the ticket and it should be thrown out.

As far as I know the ticket is no good redlyne.
BlkMaxima
Oh well too late for that now!!:banghead:
Nix87
I had a spelling error on my last ticket and i got the big F.
Take what you can get from the CP.
BlueGoblin
Sorry, but spelling error = no quash.

If the witness (in this case, a police officer) can identify you in court, then that is all that is required.

As for the legibility, you only have a carbon copy of the ticket; the crown will be able to provide you with a more legible copy via disclosure. Youi have to request it in writing.
Digital_7
I asked a police officer about this a while back, and as long as your drivers Number matches what's ont he ticket... that's all they need.

It sucks but it's true....
JAYMEZ_STi
^^ No thats not always true , it just depends if you are lucky or not...

Spelling someones last name wrong is a biggy , you could be writing someone else's name on the ticket just by the spelling mistake.
Tha VZA
Originally posted by JAYMEZ_STi
^^ No thats not always true , it just depends if you are lucky or not...

Spelling someones last name wrong is a biggy , you could be writing someone else's name on the ticket just by the spelling mistake.



yeah but if your drivers liscense number matches, address matches, etc. etc......they know it was "an simple mistake" by the CP officer and you still have to pay it

my address was wrong on a ticket this is how i know.......had to pay but went to fight the demerits

and my record is still clean YEAH!!!

ciao

JAYMEZ_STi
^^ A speeding ticket is a legal document , they should have no mistakes on them , they should be 100 perfect. I had my address wrong on my ticket , and they voided it.
thinmyster
one of my friends had a chev crx or something like that so his ticket was inturn void? go to the registry and they will tell you forsure cheap and easy way to do it
jaysas_63
Originally posted by Tha VZA


yeah but if your drivers liscense number matches, address matches, etc. etc......they know it was "an simple mistake" by the CP officer and you still have to pay it

my address was wrong on a ticket this is how i know.......had to pay but went to fight the demerits

and my record is still clean YEAH!!!

ciao



what if it was the drivers number and adresse that was spelt wrong, and the name spelt right??? lol (u get me?).....unless all aspects of the ticket are accurate u cannot be held responsible for it.....

vtec
i got a ticket awhile back, they got all my infomation right, except he checked off the box saying i was an adult.
At that time i was not 18 yet.
So of course i went to the "Child's" court to pay for it, and they couldn't find it the ticket there. The guy there says your at the wrong court building, I then told him i wasnt 18 yet.
And this lead to the ticket being quashed.
BlueGoblin
^ That's a different situation because the court loses jurisdiction over the charge.

There are errors on the face that will quash a ticket - usually related to the charging section, charging act, etc. Errors in name or address are not quashable.

The Crown will sometimes stay charges where there are errors, but that is a discretionary call on behalf of the Crown. It still may be successfully prosecuted.
Weapon_R
Originally posted by BlueGoblin
Sorry, but spelling error = no quash.

If the witness (in this case, a police officer) can identify you in court, then that is all that is required.

As for the legibility, you only have a carbon copy of the ticket; the crown will be able to provide you with a more legible copy via disclosure. Youi have to request it in writing.



But if they cannot identify you to serve you, then are you required to show up in court?

Ie - Joe Blow gets a ticket. Appeals on the basis that his name is spelt Joe Blot. Joe Blot does not exist.

legendboy
You have to go to court and show the jp your ticket. They will quash it but the officer is allowed to re issue it to you. Make sure you stay on top of that. I ended up spending a day in jail because of this hehe
BlueGoblin
^ You still have to argue that in court: you were served with the charging document, which is the key to the initiation of the proceedings.

If the officer can show up in court and say, yes this is the person to whom I served the ticket, then the charge stands. Part of the reason that such spelling errors are accepted is that licenses or other forms of ID are eay to make tiny alterations to in order to change the spelling of a name. The dock identification is still one of the cornerstones of a trial. In traffic court though, it is accepted that if a license was produced, and that the officer can state that the person and the photo on the license were of the same person, than this will suffice as well.


For people who do not have ID with them, giving a false name, or a variation of their legal name is extremely common.
Tyler883
Originally posted by Redlyne_mr2
Looking at a speeding ticket I received not too long ago and I noticed the officer spelt my last name wrong. He used a t instead of a d. Also his writing is barely ledgible in most places? Can I get off of this or will the CP tell me to F off?



Don't count on it. I know a guy that had absolutely everything wrong on his ticket, so he ripped it up.

The cops show up at his door one night and arrested him, he was hauled downtown until he could pay his fine.

IMO, he was somehow set up, if none of the info on the ticket was correct, the cops obviously had enough info in their notes to track my buddy down.

LUDELVR
This is not my knowledge but it has helped me :thumbsup:

"According to popular belief, which may have stemmed from the old Summary Convictions Act, that minor errors* on the ticket will make it void. This is not true anymore. If your name on the ticket is spelled incorrectly, this is not a fatal error. As long as the right person is standing in front of the court, and the police officer can identify you, the name on the ticket does not have to match your name exactly. Other minor errors, such as license plate, the defendant's address, and license number etc. will not affect the validity of the ticket. The error must be major enough in such a way that it will mislead you into preparing a defence. An example would be an offence that is not known to law (e.g. speeding 40 km/h in a 63 km/h zone.) Other fatal errors include missing police officer's signature, missing defendant's name, identification and signature etc. If you are not sure whether your ticket has a fatal error, it is better to plead not guilty anyway. The judge will decide whether the error is fatal and if so, he will dismiss it. Don't assume a small error will void the ticket and toss it out yourself. "
SteveMo600
I got a ticket a little while ago and the officer didn't put his badge number on the ticket. The ticket was quashed. I think that's a much bigger deal than a wrong address or a mispelled name. Sounds like you'll have to pay it man :thumbsdow .
BlkMaxima
Hate to say it

well actually I don't



TOLD YOU SO!!!!
Tyler883
One irony that I think should have ended in a fine being removed:

My buddy is dislexic, and cut his hunting tag incorrectly. he got the day and month mixed up, but he still had it cut, so this is a
different example that someone trying to use their tag twice.

Anyway, he got a fine for not getting the date right, and the wildlife officer got the date on the ticket mixed up exactly the same way that my buddy did.

Buddy payed the fine,

if it was me, I would have ran to the media and caused a big stink with my MLA
comb
go to court...fight it

80%chance you'll get off.

Usually because the office wont even show up, giving you and automatic win.

Thats what I learned in Law :)
e_racer
Wow alot of different opinions on this.
Redlyne_mr2
Originally posted by Tyler883


Don't count on it. I know a guy that had absolutely everything wrong on his ticket, so he ripped it up.

The cops show up at his door one night and arrested him, he was hauled downtown until he could pay his fine.

IMO, he was somehow set up, if none of the info on the ticket was correct, the cops obviously had enough info in their notes to track my buddy down.


It must have been a pink ticket. They wouldnt haul you away for a yellow one.

X_plorer
I would ignore it, my BF got two tickets on his bike for an illegal left turn and not having his insurance on him. The cop was all friendly shooting the shit with him about his bike so he played along. Looked at the tickets when he got home and his name was clearly spelt "Bryan" instead of "Ryan". He never paid or fought either of them and that was the last he heard of them. Registered all vehicles the next year with no problems.
BlueGoblin
^ That is, with due respect. piss-poor advice. Your bf probably has a warrant out for his arrest now.
civic_ek4
A different way to look at this is not the spelling error. You would question the officer's compentency, cuz you know we all learned how to write when we were young. So even if you are a rookie cop you would still have 10yrs of spelling skills and now it's just straight copying from a piece of plastic to a piece of paper. If you can't successfully complete this task i would question the rest of your abilities where you've learned in the recent yrs.

it's all about how you raise the issue and defence it, if you can prove that he lacks the ability to do his job you will win.
LUDELVR
Originally posted by civic_ek4
A different way to look at this is not the spelling error. You would question the officer's compentency, cuz you know we all learned how to write when we were young. So even if you are a rookie cop you would still have 10yrs of spelling skills and now it's just straight copying from a piece of plastic to a piece of paper. If you can't successfully complete this task i would question the rest of your abilities where you've learned in the recent yrs.

it's all about how you raise the issue and defence it, if you can prove that he lacks the ability to do his job you will win.



Discrediting the officer is one thing but it is not the ultimate thing. In the end, you must not provide reasonable doubt for the crown that you have in fact committed the offence of which you are being charged with. You can say that the officer is incompitent all you like and have proof that he is incompitent, but in the end, it's up to the judge to decide and if you have provided any inkling that you have broken the law then sorry to say that even if you have proven that the cop can't even spell his own name properly, that is of little consequence.:thumbsdow But yah...having the cop on the stand and making him look like a fool is quite fun!:devil: Winning your case in the end is the icing on the cake!!:rofl:

BumpinTalon
Originally posted by X_plorer
I would ignore it, my BF got two tickets on his bike for an illegal left turn and not having his insurance on him. The cop was all friendly shooting the shit with him about his bike so he played along. Looked at the tickets when he got home and his name was clearly spelt "Bryan" instead of "Ryan". He never paid or fought either of them and that was the last he heard of them. Registered all vehicles the next year with no problems.



do you seriously think you can get away with just ignoring your tickets? cops can't read minds, how we he know he spelt things wrong? and if your first name is wrong, the last name, address, cops name, ticket #, license plate # are probably still right. you must be a dumbass if you think you can just rip up your ticket on your own.
I've got two mistakes on my ticket, last name & address, but I'm going to prepare another defense anyway...




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