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Fax ticket form before JP conviction
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PostPosted: Tue Feb 23, 2016 11:46 am 
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Joined: Tue Feb 23, 2016 10:28 am
Posts: 2
Charge:

141km/h on 401... 41 over.

Details:

Been 45 days since ticket and I live 3 hour drive from court.

Situation:

1. Receptionist says to fax ticket before Tuesday morning when JP does convictions.

I faxed at 6:30pm Monday night, court closes at 4:30pm. Therefore it arrives before JP could possibly convict me.

I called at 8:50am (opens at 8:30am) and receptionist says already convicted just before I called.

2. The previous Friday I actually faxed a completed form with Option 2 circled to plead guilty. A different receptionist informed me that in order to reduce the charge, I would need to select Option 3 not Option 2.

Summary:

The receptionist told me she could file my court date by phone as long as I fax the form before the JP convicts me Tuesday morning. However, I called the court at 8:50am and was told the JP had already convicted me (court opens at 8:30am). Is there anything I can do?

Thank you


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Re: Fax ticket form before JP conviction
PostPosted: Tue Feb 23, 2016 11:56 am 
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Joined: Fri Nov 14, 2014 12:03 pm
Posts: 193
I don't know where you got 45 days from. You have 15 days (and I'm pretty sure the officer told you that as well) to select one of the three options. Whether they told you that you can fax the documents or not would be deciding on the jurisdiction. At this point, you will have to file a reopening and plead Not Guilty if it's granted.


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Re: Fax ticket form before JP conviction
PostPosted: Tue Feb 23, 2016 12:45 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1470
The back of the ticket says you have 15 days to respond.

Although the receptionist was trying to be nice and accommodating, the fact that it was past 15 days means they did not actually have to try and help you at all.

So the only thing you could try to do, is ask for a re-opening of the case... this may or may not work. Doesn't hurt to ask.

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+++ This is not legal advice, only my opinion +++


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Re: Fax ticket form before JP conviction
PostPosted: Tue Feb 23, 2016 1:19 pm 
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Joined: Tue Feb 23, 2016 10:28 am
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There is a 30 day grace period after the original 15 days. I planned to delay as long as possible to maximize any chance the trial would take more than 70 days from the original infraction date to schedule. Apparently there is a law stating that trial must be booked within this time.

With that said, I read that sometimes JP will hear a case immediately upon granting a reopening. Given I live 3 hours away, might they consider that and hear me out then and there?

In any case, you are right. I should have been more responsible.


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Re: Fax ticket form before JP conviction
PostPosted: Tue Feb 23, 2016 1:33 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1470
Who told you there was a 30 day grace period? I have not seen that anywhere.

Also where are you getting this 70 day thing? I have not seen that anywhere either.

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Re: Fax ticket form before JP conviction
PostPosted: Tue Feb 23, 2016 8:56 pm 
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Joined: Mon Mar 14, 2011 11:31 am
Posts: 600
I think a read of the Provincial Offences Act are needed by a few people.
https://www.ontario.ca/laws/statute/90p33


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Re: Fax ticket form before JP conviction
PostPosted: Tue Feb 23, 2016 9:32 pm 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1470
Specifically related to Parking tickets only, it mentions in a few places [like 17(2) & 18.1(2)] that they must start the proceeding of conviction within seventy-five days after the day on which the alleged infraction occurred. So the 75 days number is valid for PARKING tickets only, not for speeding tickets.

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