Does "at or near" extend to the wrong municipality? The municipal boundary between neighboring Municipality C and D is "Street B", which has a wide grassy median dividing it. I was traveling on the Municipality C side of the road opposite to that of Municipality D written on the ticket, as was the officer and where I was pulled over. I never entered Municipality D at the alleged offense, prior to or during the interaction with the officer and ticket issuance.
Does "at or near" extend to the wrong municipality? That is a significant variance from say the wrong house number.
Is that sufficient grounds to challenge the ticket, assuming the officer does not offer to correct the evidence as presented during their testimony? If the officer does not correct the evidence on the ticket, is it possible to simply state the route I traveled, where the officer pulled me over, etc. was in Municipality C and thus I could not be found guilty of the charge state the alleged violation( in Municipality D), without disputing the offense itself?
I am prepared to dispute the charge as well, but that is not as indisputable and the evidence may be challenged in cross-examination. I know you must present the entire arguments so if the first argument is not sufficient I can't add arguments after, but would rather only present sufficient evidence to dismiss the ticket.
I would have to say that this would all depend on the judicial justice at trial. I've seen it go both ways so you will just have to make your argument and see what happens.
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You can certainly try and request the ticket be dismissed for citing incorrect information. Whether or not the JP rules favourably on that motion is a hit-or-miss. More likely miss. What you'd basically be saying is "I was guilty at a slightly different location than noted". I'd have a Plan B.
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The fact that the violation ticket reads "at or near", I doubt that you would be succesfull in your argument, crown could easily argue that a few feet qualifies as "near". Also, if the crown wants to request an amend on the violation ticket, they must do so prior to the trial taking place. If the trial starts, they cannot amend it.
What the Justice will look at when judging on an amendement request is: Is the amendment changing the jeoperty of the defendant? If so, they may not allow it or they may allow it and offer you an adjugment so that you can prepare your "new" defence. In a case of a few feet from one city to another, the amendement request would probably be granted.
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