Ticket is invalid on a technicality?

[elm3100]

Hello to the everyone at Beyond.ca!

I got clocked doing 105 in an 80 zone, but in the field where the complainant fills in where the offense happened, they said it happened in Cochrane when it really happened a good 30 km south (just outside of Bragg Creek). OTOH there are only 60, 70, and 100 zones anywhere near Cochrane along 22.

Does anyone here think I can get the ticket dismissed?

[DayGlow]

Read closely what it says just before Cochrane.

[elm3100]

So what you're saying DayGlow is that the law considers 30km to be "near"?

[speedog]

Cochrane might have just indicated what RCMP region/headquarters the ticket was written up in - Cochrane RCMP area

[YamahaV8]

Originally posted by elm3100
So what you're saying DayGlow is that the law considers 30km to be "near"?

You were probobly within the jurisdiction limits of Cochrane

^^^Beat me to it.

[Ben]

Nice try man.

[elm3100]

So even if the ticket was issued by an Alberta Sheriff the RCMP region applies?

[YamahaV8]

^^^I could be wrong but are the Sherrifs not based in the same buildings as the RCMP? The Sherrifs are replacing the RCMP in Alberta eventually right?

[300zxfairlday]

[elm3100]

Well crap.

Thanks for the quick replies anyways...

[speedog]

Well, ya could call the Cochrane RCMP to inquire but I suspect the ticket will probably stand in court.

[Ben]

When you get pulled over in Calgary, does it have the street intersection or road? no. On the full copy of the ticket the officer retains it will have the location. Jurisdiction and court location.


Alberta Sheriff

[speedog]

Alberta Sheriff Highway Patrol

[DayGlow]

Originally posted by elm3100
So what you're saying DayGlow is that the law considers 30km to be "near"?

Pretty much. It's the court jurisdiction that you appear in.

[BlueGoblin]

Unless you can somehow show why Cochrane being not 'near' Bragg Creek is somehow prejudicial to your defence, I expect that the Court will indeed find it near.

Bragg Creek infractions are, I believe, heard in the Provincial Courthouse in Cochrane, so it is 'near enough' for the court's radius of jurisdiction.

[EK 2.0]

Originally posted by DayGlow

Pretty much. It's the court jurisdiction that you appear in.

Originally posted by BlueGoblin

Unless you can somehow show why Cochrane being not 'near' Bragg Creek is somehow prejudicial to your defence, I expect that the Court will indeed find it near.

Bragg Creek infractions are, I believe, heard in the Provincial Courthouse in Cochrane, so it is 'near enough' for the court's radius of jurisdiction.

BOO-YA!!

[malcolmk14]

Nah man, you're good. You don't have to pay it.

[mr2mike]

"at or near" buddy.
It's not an error.
Even your wrong postal code doesn't count anymore.

[scat19]

Would you rather be caught doing 105 in a 70? Rather than the 80?

Pay the ticket.

[Kennyredline]

PAY THE TICKET.