-->

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!

       
    

All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 10 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Police officer didn't show up and JP rescheduled the trial
Author Message
PostPosted: Mon Mar 07, 2016 2:55 pm 
Offline
Newbie

Joined: Tue Apr 21, 2015 8:07 pm
Posts: 12
Hi,

Police officer didn't show up so I thought the tickets I got would be withdrawn. However, the JP said the trial needs to be rescheduled; now I need to take another day off to attend. Many people at the court with me also appealed but their trials were rescheduled, too. Is this common practice? If police officer doesn't show up again, would it be rescheduled again? Or, is it all depends on JP's call? Thanks!


Top
 Profile  
 
Re: Police officer didn't show up and JP rescheduled the tri
PostPosted: Mon Mar 07, 2016 3:36 pm 
Offline
Sr. Member

Joined: Fri Jun 25, 2010 3:30 am
Posts: 658
If there's a reason why they aren't there such as illness then it might be rescheduled but if they just don't turn up then the charges should be dropped normally.

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


Top
 Profile  
 
Re: Police officer didn't show up and JP rescheduled the tri
PostPosted: Mon Mar 07, 2016 8:30 pm 
Offline
Newbie

Joined: Sat Feb 27, 2016 4:47 pm
Posts: 3
Was there a reason given why the officer was not there?
I have heard of this in some cases from other people, if you ask me this usually it happens when JP is biased. It may have been a blessing in disguise.
I have been to court when officer was on call or on duty and the ticket was withdrawn, but this was done by the prosecutor not the JP, assuming because he knew this JP would not go for an adjournment.
At the end of the day, this delay goes against the crown, so if it goes into 11b territory, it works in your advantage.


Top
 Profile  
 
Re: Police officer didn't show up and JP rescheduled the tri
PostPosted: Tue Mar 08, 2016 8:27 am 
Offline
Newbie

Joined: Tue Apr 21, 2015 8:07 pm
Posts: 12
The reason for the officer's absence was illness. Interestingly, three cases including mine had the same reason :mrgreen:

- I got the ticket early April, 2015
- Trial was scheduled for early December, 2015
- I requested change in the trial date as I was not able to take time off from the work
- New trial date was set to early March, 2016, where I attended but the police officer didn't show up
- JP set a new trial date, mid April 2016

Is the case eligible for an 11b application even with the fact that there's ~3 months of delay requested by me? Do I apply for an 11b before the new trial or I just attend the new trial mid April and make an argument with the 11b right? Thank you!!


Top
 Profile  
 
Re: Police officer didn't show up and JP rescheduled the tri
PostPosted: Tue Mar 08, 2016 3:53 pm 
Offline
Sr. Member

Joined: Fri Jun 25, 2010 3:30 am
Posts: 658
Illness is a valid reason. Same goes for the defendant: if you're ill, you get an adjournment, if you just don't turn up you get a judgement against you.

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


Top
 Profile  
 
Re: Police officer didn't show up and JP rescheduled the tri
PostPosted: Wed Mar 09, 2016 9:57 am 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1477
Did you OBJECT when the JP wanted to reschedule the trial? This may not always work, but it shows up on the court transcript that you wanted to proceed and you objected to a new date. Too many people just agree without objecting.

When they count the days for an 11b they substract any time that was caused by you. So the 11b will probably not be succesful given that 3 months delay is caused by you. If you want to do an 11b application you need to file it about 4 weeks ahead of the trial.

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


Top
 Profile  
 
Re: Police officer didn't show up and JP rescheduled the tri
PostPosted: Thu Mar 10, 2016 8:29 am 
Offline
Newbie

Joined: Tue Apr 21, 2015 8:07 pm
Posts: 12
Thank you, jsherk

Yes, I did appeal and told the JP that it's hard to take another time off from the workplace. One of the people at the trial with me even brought his witness but the JP just re-scheduled his, too.

Is there any minimum duration for an 11b application, such as a year? Thanks!

jsherk wrote:
Did you OBJECT when the JP wanted to reschedule the trial? This may not always work, but it shows up on the court transcript that you wanted to proceed and you objected to a new date. Too many people just agree without objecting.

When they count the days for an 11b they substract any time that was caused by you. So the 11b will probably not be succesful given that 3 months delay is caused by you. If you want to do an 11b application you need to file it about 4 weeks ahead of the trial.


Top
 Profile  
 
Re: Police officer didn't show up and JP rescheduled the tri
PostPosted: Thu Mar 10, 2016 8:30 am 
Offline
Newbie

Joined: Tue Apr 21, 2015 8:07 pm
Posts: 12
Thanks, argyll

Now I guess my question is what are the odds the police officer shows up in the re-scheduled trial next month :lol:

argyll wrote:
Illness is a valid reason. Same goes for the defendant: if you're ill, you get an adjournment, if you just don't turn up you get a judgement against you.


Top
 Profile  
 
Re: Police officer didn't show up and JP rescheduled the tri
PostPosted: Mon Mar 28, 2016 4:52 pm 
Offline
Newbie

Joined: Mon Oct 19, 2015 12:50 pm
Posts: 22
ilike wrote:
Hi,

Police officer didn't show up so I thought the tickets I got would be withdrawn. However, the JP said the trial needs to be rescheduled; now I need to take another day off to attend. Many people at the court with me also appealed but their trials were rescheduled, too. Is this common practice? If police officer doesn't show up again, would it be rescheduled again? Or, is it all depends on JP's call? Thanks!


Somebody I know has 55 over ticket which is now a criminal charge, officer was a no-show and JP immediately re-scheduled for another date while his lawyer tried to argue the charge should be dismissed since officer was not present, did not work and I am also curious about why.


Top
 Profile  
 
Re: Police officer didn't show up and JP rescheduled the tri
PostPosted: Mon Mar 28, 2016 5:09 pm 
Offline
Sr. Member

Joined: Tue Sep 15, 2015 10:20 am
Posts: 271
55 over is not a criminal charge...Adjournments happen all the time, for both sides, this is not uncommon or unusual. Just keep track of the adjournments, and who is asking for them for any future 11b arguments...


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 10 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Does a police officer have to show up for court?

Simon Borys

0

1078

Thu Aug 05, 2010 10:59 pm

Simon Borys View the latest post

There are no new unread posts for this topic. how to determine officer show/no-show

aoex

6

800

Mon Sep 06, 2010 2:17 pm

Radar Identified View the latest post

There are no new unread posts for this topic. No Seat Belt Trial, Trail rescheduled without notice.

rev

0

702

Fri Nov 30, 2012 10:31 am

rev View the latest post

There are no new unread posts for this topic. Officer said he would cancel ticket..but didn't..Help please

[ Go to pageGo to page: 1, 2 ]

mikeB

23

642

Sun May 01, 2016 9:07 pm

mikeB View the latest post

There are no new unread posts for this topic. Provided insurance, officer didn't take it

D90

7

366

Tue Oct 04, 2016 7:18 pm

D90 View the latest post

There are no new unread posts for this topic. Attachment(s) Trial Adjourned, No video evidence, Cop will show up

johnr

9

417

Fri Nov 11, 2016 2:25 am

argyll View the latest post

There are no new unread posts for this topic. Summary of a Police Officer

hwybear

3

1224

Sat May 09, 2009 4:12 pm

Vlad View the latest post

There are no new unread posts for this topic. What You Should Do if Pulled Over By a Police Officer

[ Go to pageGo to page: 1, 2, 3 ]

admin

32

14585

Sat Jun 20, 2015 5:26 pm

bobajob View the latest post

This topic is locked, you cannot edit posts or make further replies. Blog of a Former Police Officer

[ Go to pageGo to page: 1, 2 ]

Simon Borys

22

1553

Sun Jun 06, 2010 3:35 pm

Simon Borys View the latest post

There are no new unread posts for this topic. I had the audacity to say something to a Police Officer....

Shakeyhands

6

751

Mon Jun 13, 2011 6:11 pm

admin View the latest post

There are no new unread posts for this topic. Police Officer Computer Equipment

Reflections

6

1758

Fri Jan 30, 2009 11:27 pm

Reflections View the latest post

There are no new unread posts for this topic. Does a police officer ever have to issue you a ticket?

Simon Borys

2

797

Sun Feb 20, 2011 6:59 pm

Simon Borys View the latest post

 


Who is online

Users browsing this forum: Yahoo [Bot] and 8 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to: