Box 1 Notice & Order Issues

Hello, I was recently pulled over by the police and given a 24 hr roadside suspension as well they wrote me a notice & Order box 1 demanding my vehicle be towed away to their lot for " drivers door not opening properly & front passenger side axle to be inspected for alignment. Now is there any way I can dispute this? Not only do I believe the police are being vindictive towards me as I have a past with them. They also completely put the completely wrong address on both the notice & order & the 24 hrs suspension. I've tried to get answers but unlike tickets it does not show any way to dispute this.

Notice & Order Question

I was recently asked a question on this topic that I don't know the answer to. Someone I know was stopped at a random vehicle check some time in the summer and was issued a notice and order to have his motorcycle inspected for loud exhaust pipes. He took it to a licenced ICBC inspection depot and had it tested. It passed the inspection with quite a margin under the allowed limit. The inspection cost him around $100.00. Is there any way he can recover this cost? Are we all at the whim of the police for a roadside inspection order that may be not justified and have to pay for it? I would hope not!

Answer

Here's an article about how to try and have a notice and order withdrawn.

How did they get the wrong address to put on the forms? Is it possible that you have neglected to do a change of address within 10 days of moving? In this case, your address being incorrect will not have any effect on the validity of the forms.

Submitted by E-mail

The officer simply made a mistake and listed me at an address that is close to my street but not my street. Does this make the notice & order void? Can I fight it and win because of this technicality?

Answer

If the address is the only error this will be treated as a simple clerical mistake and will not affect the outcome of either document. Section 100 of the Offence Act deals with defective informations, most commonly a violation ticket in the context of this site. It tells the justice that they must consider whether the defect will prejudice the defence of the accused before the information may be amended. An example of what might cause confusion would be a ticket for running a stop sign that was made out with the section for disobeying a red light. Having your residential address shown incorrectly on the form would not prejudice your defence.

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