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-   -   Ontario offence notice validity (https://www.askmehelpdesk.com/showthread.php?t=735948)

  • Feb 24, 2013, 02:07 PM
    Silentlady
    Ontario offence notice validity
    I received an offence notice, the officer signed and dated the notice for the date of the offence, however the notice was actually issued and given the following day and was not dated in the appropriate spaces "or other service date" and "date of service". Is this ticket still valid or can I dispute it?
    Silentlady
  • Feb 24, 2013, 05:09 PM
    tickle
    Of course it is still valid; and you can dispute anything you want if you have time for the court date they pick for you and the place. You have to balance it all out if worth it or not.
  • Feb 24, 2013, 05:14 PM
    AK lawyer
    Quote:

    Is this ticket still valid or can I dispute it?
    Yes.
  • Feb 25, 2013, 11:08 AM
    AK lawyer
    OP wrote me a private message (PM) as follows (Please do not send PMs in response to answers given on this forum. That is not what the PM function is for. It would be better that the responses are shared with everyone.):

    Quote:

    Really!
    Well I find this answer rather ironic due to the fact the ticket was issued for "marking a false statement to a conservation officer", so in accordance to the law it is OK for an officer to sign a declaration on an offence notice stating " And I further certify that I served an offence notice personally upon the person charged on the offence date" when in actuality, the notice was issued and served the following day and not indicated so in the areas shown on the ticket marked "Or other service date" and at the bottom of the ticket "Date of service if other than offence date". If these areas are not required to be filled out why are they there? As he signed the decaration without filling in the other appropriate areas, he himself is guilty of making a false statement, is he not. This sends a very conflicting message as to how the law is intrupreted.
    Actually, while I happen to agree with you that writing that something has been mailed on the face of the document being mailed is improper and of course technically false, in my experience, everyone does it, and no one is going to take the technical objection seriously.

    The theory seem to be that if it is mailed when it says it would be mailed, it's OK.

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