Serving an Amended Traffic Ticket

Question: If an officer serves a traffic ticket to a driver and makes an error on that ticket, how are they required to serve an amended traffic ticket to the driver? Is there a requirement for the same proof of service as serving the original copy?

When a motorist is issued a traffic ticket, the service is proven by either the signature of the accused, or by completing the Certificate of Service on the rear side of the Officer's copy.

Would simply mailing a photocopy of the original ticket with new information written on it be sufficient to say it was served, even if sent as regular letter mail? (not registered or tracked)

If there is a specific regulation that deals with this, please point me in that general direction.

Authority for Amended Traffic Ticket

The legal authority you are asking for is found in the Offence Act. Section 100 deals with amending a defective information when necessary prior to the start of trial or during the trial.

Electronic tickets do not require signatures from the issuing officer or the driver.

My Experience Amending Tickets

If I noticed a defect in a violation ticket that I had served I found that the only practical way for me to deal with it was to serve a new copy of the ticket to the accused driver prior to trial. In general, judicial justices seem to be reluctant to grant amendments for violation tickets in traffic court.

Requirements for Service of an Amended Traffic Ticket

The requirements of service on a driver or registered owner are set out in section 14(6) & (7). It does say that the violation ticket may be served in the manner of a summons, but police have been instructed that a true copy must be served personally.

Service on the Trial Date

I would try and serve a new ticket well before the trial so that the accused had time to consider their defence.

Occasionally the accused would do their best to avoid service, so I would simply hand them a copy of the new ticket when they showed up for trial, advise the judicial justice that the old ticket was being withdrawn, a new ticket had been served and hand over the original of the new ticket.

Mailing an Amended Photocopy

Mailing a photocopy of the original ticket with new information written on it is not an acceptable way to make an amendment.

Serving Intersection Safety Camera Tickets

Intersection Safety Camera tickets are sent to the registered owner in the mail. If it is not returned as undelivered that is sufficient to prove service. If there was no acknowledgment then the ticket had to be served personally as outlined above in order for it to be valid.

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