Most of the time the charge will be withdrawn by the prosecutor if they cannot proceed in the absence of the officer and no reason can be provided to the court as to their absence.
However, depending on the particular court, adjournments may be granted.
It might, depending on the sophistication of the detector, which is illegal in Ontario, whether it is a radar detector, laser detector or a combination of both.
You run the risk of course, of being charged with possessing a “speed measuring warning device” with a fine between $100 and $1000 and forfeiture of the device.
No, the ticket will not be dismissed if the officer did not sign YOUR copy of the ticket. There is no longer a requirement to do so.
What is required is that the issuing officer signs the copy that is filed with the court. This is called the certificate of offence. The absence of an issuing officer’s signature on the certificate is fatal to the charge and it should be quashed, if it gets as far as to be in the court, before a justice of the peace. It may well be that if the lack of a signature is noticed by the court’s administration the certificate will be returned to the officer.
The officer has six months in which to relay the charge by way of a summons.
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