Hi, I received a speeding ticket today (73km in a 50km zone). The ticket has all the correct information, the only missing information is the SET FINE and the TOTAL PAYABLE, both of these items have nothing written in the boxes.... Any advice on how to proceed with a ticket with this issue? Ticket Scenario: I was going down a hill with a car in front of me (2 lane street). The police officer was in front of us at the top of the hill. I did not see any radar in his hand, only him waving for the car in front of me and myself to pull over. I have no idea how he could have gauged how fast I was going, especially being behind the car in front of me with or without a radar. Any advice is welcome, thanks.
Hi,
I received a speeding ticket today (73km in a 50km zone). The ticket has all the correct information, the only missing information is the SET FINE and the TOTAL PAYABLE, both of these items have nothing written in the boxes.... Any advice on how to proceed with a ticket with this issue?
Ticket Scenario:
I was going down a hill with a car in front of me (2 lane street). The police officer was in front of us at the top of the hill. I did not see any radar in his hand, only him waving for the car in front of me and myself to pull over. I have no idea how he could have gauged how fast I was going, especially being behind the car in front of me with or without a radar.
Congratulations, you have a fatal error! Do NOT respond to the ticket. Put the ticket in a safe place (and maybe scan a copy of it as well for safe keeping). There are two outcomes when you do not respond to the ticket: (1) A JP will look over the ticket and if they notice the error, they will quash it and charge will be dropped and you will not hear anything more about it. (2) A JP will look over the ticket and they will not notice the error, and you will be found guilty and convicted of the charge. If #2 happens, then you immediately file an appeal saying the JP made an error (you will have to pay the fine to file the appeal). You will be given a trial date for the appeal. At the trial, when called up, you simply produce the original ticket you have with no set fine and no total payable and you tell the Judge that the JP made an error and they should have quashed the ticket because there was a fatal error on it. The charge will be overturned, the conviction removed and your money for the original fine reimbursed.
Congratulations, you have a fatal error!
Do NOT respond to the ticket. Put the ticket in a safe place (and maybe scan a copy of it as well for safe keeping).
There are two outcomes when you do not respond to the ticket:
(1) A JP will look over the ticket and if they notice the error, they will quash it and charge will be dropped and you will not hear anything more about it.
(2) A JP will look over the ticket and they will not notice the error, and you will be found guilty and convicted of the charge.
If #2 happens, then you immediately file an appeal saying the JP made an error (you will have to pay the fine to file the appeal). You will be given a trial date for the appeal. At the trial, when called up, you simply produce the original ticket you have with no set fine and no total payable and you tell the Judge that the JP made an error and they should have quashed the ticket because there was a fatal error on it. The charge will be overturned, the conviction removed and your money for the original fine reimbursed.
It is possible that the officer will notice their error and not file the ticket. Call the court in a week and speak to a court clerk. Provide them with the ticket number and ask if the ticket has been filed. If the matter has not been filed, call them back in another week and a half. Court contact information by city can be found here: https://www.attorneygeneral.jus.gov.on. ... esses/poa/ If the matter has been filed, it will be important to know what information has been filed with the court by the Officer in determining how to respond. For most matters, an Officer can re-serve a defendant within 6 months of the offence date. Although for simple speeding matters this would be very uncommon.
Bud416 wrote:
Hi,
I received a speeding ticket today (73km in a 50km zone). The ticket has all the correct information, the only missing information is the SET FINE and the TOTAL PAYABLE, both of these items have nothing written in the boxes.... Any advice on how to proceed with a ticket with this issue?
It is possible that the officer will notice their error and not file the ticket. Call the court in a week and speak to a court clerk. Provide them with the ticket number and ask if the ticket has been filed. If the matter has not been filed, call them back in another week and a half. Court contact information by city can be found here: https://www.attorneygeneral.jus.gov.on. ... esses/poa/
If the matter has been filed, it will be important to know what information has been filed with the court by the Officer in determining how to respond.
For most matters, an Officer can re-serve a defendant within 6 months of the offence date. Although for simple speeding matters this would be very uncommon.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.
HUGELY uncommon. You would have had to do something to make yourself very memorable indeed. OTD is bang on that the officer may well have shredded the ticket already which does leave you in the lurch a wee bit but is better than having the ticket correct !
HUGELY uncommon. You would have had to do something to make yourself very memorable indeed. OTD is bang on that the officer may well have shredded the ticket already which does leave you in the lurch a wee bit but is better than having the ticket correct !
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
This sounds like the best way to handle this. Although if the officer notices his mistake and files the ticket with a set fine, what would be the next steps? Would I then take jsherk's advice and just not respond to the ticket? Assuming nothing gets filed, I would be off the hook completely? It is possible that the officer will notice their error and not file the ticket. Call the court in a week and speak to a court clerk. Provide them with the ticket number and ask if the ticket has been filed. If the matter has not been filed, call them back in another week and a half. Court contact information by city can be found here: https://www.attorneygeneral.jus.gov.on. ... esses/poa/ If the matter has been filed, it will be important to know what information has been filed with the court by the Officer in determining how to respond. For most matters, an Officer can re-serve a defendant within 6 months of the offence date. Although for simple speeding matters this would be very uncommon.
This sounds like the best way to handle this. Although if the officer notices his mistake and files the ticket with a set fine, what would be the next steps? Would I then take jsherk's advice and just not respond to the ticket?
Assuming nothing gets filed, I would be off the hook completely?
OTD Legal wrote:
Bud416 wrote:
Hi,
I received a speeding ticket today (73km in a 50km zone). The ticket has all the correct information, the only missing information is the SET FINE and the TOTAL PAYABLE, both of these items have nothing written in the boxes.... Any advice on how to proceed with a ticket with this issue?
It is possible that the officer will notice their error and not file the ticket. Call the court in a week and speak to a court clerk. Provide them with the ticket number and ask if the ticket has been filed. If the matter has not been filed, call them back in another week and a half. Court contact information by city can be found here: https://www.attorneygeneral.jus.gov.on. ... esses/poa/
If the matter has been filed, it will be important to know what information has been filed with the court by the Officer in determining how to respond.
For most matters, an Officer can re-serve a defendant within 6 months of the offence date. Although for simple speeding matters this would be very uncommon.
Yes, if nothing gets filed then you are off the hook. If it gets filed and JP notices then mistake then you are also off the hook. If it gets filed and the JP does not notice the mistake (or the officer corrects before filing it) then you still need to NOT respond and do an APPEAL when you get notice of the conviction.
Yes, if nothing gets filed then you are off the hook. If it gets filed and JP notices then mistake then you are also off the hook.
If it gets filed and the JP does not notice the mistake (or the officer corrects before filing it) then you still need to NOT respond and do an APPEAL when you get notice of the conviction.
They say every time an officer writes a ticket with a fatal flaw an angel earns his wings :) Oh it's a "wonderful life"
They say every time an officer writes a ticket with a fatal flaw an angel earns his wings
Oh it's a "wonderful life"
jsherk wrote:
Congratulations, you have a fatal error!
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
It will depend on what information the Officer has filed with the court. If he has filed his copy of the ticket, which is the important copy, with the missing information completed, then not appearing for a trial date or allowing the matter to go to a non-response hearing will result in a conviction.
jsherk wrote:
Yes, if nothing gets filed then you are off the hook. If it gets filed and JP notices then mistake then you are also off the hook.
If it gets filed and the JP does not notice the mistake (or the officer corrects before filing it) then you still need to NOT respond and do an APPEAL when you get notice of the conviction.
It will depend on what information the Officer has filed with the court. If he has filed his copy of the ticket, which is the important copy, with the missing information completed, then not appearing for a trial date or allowing the matter to go to a non-response hearing will result in a conviction.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.
Other than calling the court to see if the ticket has been filed, how would I know if the officer has filled in the missing information? This is why not responding to the ticket is concerning. If he files the ticket, is there a way to find out if he inserted the fine amount? Would I then need to respond to the ticket with Option 3 for the Trial Option? Thanks It will depend on what information the Officer has filed with the court. If he has filed his copy of the ticket, which is the important copy, with the missing information completed, then not appearing for a trial date or allowing the matter to go to a non-response hearing will result in a conviction.
Other than calling the court to see if the ticket has been filed, how would I know if the officer has filled in the missing information?
This is why not responding to the ticket is concerning. If he files the ticket, is there a way to find out if he inserted the fine amount?
Would I then need to respond to the ticket with Option 3 for the Trial Option?
Thanks
OTD Legal wrote:
jsherk wrote:
Yes, if nothing gets filed then you are off the hook. If it gets filed and JP notices then mistake then you are also off the hook.
If it gets filed and the JP does not notice the mistake (or the officer corrects before filing it) then you still need to NOT respond and do an APPEAL when you get notice of the conviction.
It will depend on what information the Officer has filed with the court. If he has filed his copy of the ticket, which is the important copy, with the missing information completed, then not appearing for a trial date or allowing the matter to go to a non-response hearing will result in a conviction.
You can call the clerk at the provincial offences office and ask them what date the ticket was filed on. If they say it wasn't filed, then that is good news. If they say it was filed, you can go ask to see the original that was filed and see if the information was filled in or not. But officer is NOT allowed to change the ticket after he gives it to you. So you do NOT want to respond, even if the officer filled in the missing information. You will definitely be found guilty if he fills in the missing information, but then you immediately file an APPEAL (not a re-opening) and show up to appeal trial with your copy of the ticket that shows the information was missing.
You can call the clerk at the provincial offences office and ask them what date the ticket was filed on. If they say it wasn't filed, then that is good news. If they say it was filed, you can go ask to see the original that was filed and see if the information was filled in or not.
But officer is NOT allowed to change the ticket after he gives it to you. So you do NOT want to respond, even if the officer filled in the missing information. You will definitely be found guilty if he fills in the missing information, but then you immediately file an APPEAL (not a re-opening) and show up to appeal trial with your copy of the ticket that shows the information was missing.
Does that have to be done in person if it was filed and I want to see what the officer changed on the ticket or can i just ask over the phone? What a waste of time if he filed the ticket with the missing information... Is there not a system in place that would not allow him to file the ticket with missing pertinent information? I'm a little confused on when I would file an appeal, would I get a letter in the mail stating I was found guilty and I would file an appeal based on the ruling and the fatal error on my ticket? Appreciate the advice
Does that have to be done in person if it was filed and I want to see what the officer changed on the ticket or can i just ask over the phone? What a waste of time if he filed the ticket with the missing information... Is there not a system in place that would not allow him to file the ticket with missing pertinent information?
I'm a little confused on when I would file an appeal, would I get a letter in the mail stating I was found guilty and I would file an appeal based on the ruling and the fatal error on my ticket?
Appreciate the advice
jsherk wrote:
You can call the clerk at the provincial offences office and ask them what date the ticket was filed on. If they say it wasn't filed, then that is good news. If they say it was filed, you can go ask to see the original that was filed and see if the information was filled in or not.
But officer is NOT allowed to change the ticket after he gives it to you. So you do NOT want to respond, even if the officer filled in the missing information. You will definitely be found guilty if he fills in the missing information, but then you immediately file an APPEAL (not a re-opening) and show up to appeal trial with your copy of the ticket that shows the information was missing.
The officer probably should not file it, but could filing a whole stack of tickets and not notice the error. You can probably ask on the phone what the set fine and total payable says. If they give you a number then you know it was filled in. Once you are convicted you should receive a notice, and that is when you file the appeal.
The officer probably should not file it, but could filing a whole stack of tickets and not notice the error.
You can probably ask on the phone what the set fine and total payable says. If they give you a number then you know it was filled in. Once you are convicted you should receive a notice, and that is when you file the appeal.
Thanks jsherk. Does the Ontario highway traffic act state anywhere online that a missing fine on a ticket is indeed a fatal error and would be a successful reason to appeal a conviction?
Thanks jsherk.
Does the Ontario highway traffic act state anywhere online that a missing fine on a ticket is indeed a fatal error and would be a successful reason to appeal a conviction?
You won't find the definition of a fatal error in the act it self, instead it is contained in an Ontario Court of Appeal ruling called City of London vs. Young. Here is a link to it http://www.ontariocourts.ca/decisions/2 ... CA0429.htm Also worth reading is the Provincial Offences Act. This is the enabling legislation that allows police officers and other enforcement agencies to issue tickets. This doesn't just apply to traffic tickets but to all offences for which a ticket might be issued. Here is a link to the Act https://www.ontario.ca/laws/statute/90p33 The court ruling in this case is talking about the part of the Provincial Offences Act that allows courts to find a person guilty when they don't respond to their ticket. The court ruled that in order to find someone guilty by default the ticket must be correct and regular on it's face. The court decided that among other things having an incorrect set fine on the ticket meant that it was not correct and regular on its face and thus someone could not be found guilty by default if the set fine on the ticket was not correct.
Bud416 wrote:
Thanks jsherk.
Does the Ontario highway traffic act state anywhere online that a missing fine on a ticket is indeed a fatal error and would be a successful reason to appeal a conviction?
You won't find the definition of a fatal error in the act it self, instead it is contained in an Ontario Court of Appeal ruling called City of London vs. Young. Here is a link to it http://www.ontariocourts.ca/decisions/2 ... CA0429.htm
Also worth reading is the Provincial Offences Act. This is the enabling legislation that allows police officers and other enforcement agencies to issue tickets. This doesn't just apply to traffic tickets but to all offences for which a ticket might be issued. Here is a link to the Act https://www.ontario.ca/laws/statute/90p33
The court ruling in this case is talking about the part of the Provincial Offences Act that allows courts to find a person guilty when they don't respond to their ticket. The court ruled that in order to find someone guilty by default the ticket must be correct and regular on it's face. The court decided that among other things having an incorrect set fine on the ticket meant that it was not correct and regular on its face and thus someone could not be found guilty by default if the set fine on the ticket was not correct.
Perfect, thank you very much. I will call the provincial offence offices tomorrow to check on the ticket You won't find the definition of a fatal error in the act it self, instead it is contained in an Ontario Court of Appeal ruling called City of London vs. Young. Here is a link to it http://www.ontariocourts.ca/decisions/2 ... CA0429.htm Also worth reading is the Provincial Offences Act. This is the enabling legislation that allows police officers and other enforcement agencies to issue tickets. This doesn't just apply to traffic tickets but to all offences for which a ticket might be issued. Here is a link to the Act https://www.ontario.ca/laws/statute/90p33 The court ruling in this case is talking about the part of the Provincial Offences Act that allows courts to find a person guilty when they don't respond to their ticket. The court ruled that in order to find someone guilty by default the ticket must be correct and regular on it's face. The court decided that among other things having an incorrect set fine on the ticket meant that it was not correct and regular on its face and thus someone could not be found guilty by default if the set fine on the ticket was not correct.
Perfect, thank you very much.
I will call the provincial offence offices tomorrow to check on the ticket
daggx wrote:
Bud416 wrote:
Thanks jsherk.
Does the Ontario highway traffic act state anywhere online that a missing fine on a ticket is indeed a fatal error and would be a successful reason to appeal a conviction?
You won't find the definition of a fatal error in the act it self, instead it is contained in an Ontario Court of Appeal ruling called City of London vs. Young. Here is a link to it http://www.ontariocourts.ca/decisions/2 ... CA0429.htm
Also worth reading is the Provincial Offences Act. This is the enabling legislation that allows police officers and other enforcement agencies to issue tickets. This doesn't just apply to traffic tickets but to all offences for which a ticket might be issued. Here is a link to the Act https://www.ontario.ca/laws/statute/90p33
The court ruling in this case is talking about the part of the Provincial Offences Act that allows courts to find a person guilty when they don't respond to their ticket. The court ruled that in order to find someone guilty by default the ticket must be correct and regular on it's face. The court decided that among other things having an incorrect set fine on the ticket meant that it was not correct and regular on its face and thus someone could not be found guilty by default if the set fine on the ticket was not correct.
I spoke with a court clerk today and he says the ticket has been filed, but no set fine or total payable amount was inserted. His recommendation was to respond to the ticket with Option 2 or Option 3 and once the process begins, the JP will recognize the mistake and quash the ticket. He did not recommend not responding to the ticket.
I spoke with a court clerk today and he says the ticket has been filed, but no set fine or total payable amount was inserted.
His recommendation was to respond to the ticket with Option 2 or Option 3 and once the process begins, the JP will recognize the mistake and quash the ticket.
He did not recommend not responding to the ticket.
Remember who the clerk works for (not you)! If you respond with option 2 (early resolution) or option 3 trial, the prosecutor does not have to drop the charge and then you end up at a trial and then they can amend the ticket and add the set fine and total payable back in. Its only a fatal error if you do not go to trial. If you go to trial, then they are allowed to fix any fatal errors. If it was me, I would NOT respond to the ticket, and would wait to deal with it at an appeal if the JP does not quash it (which they should if there is no set fine).
Remember who the clerk works for (not you)!
If you respond with option 2 (early resolution) or option 3 trial, the prosecutor does not have to drop the charge and then you end up at a trial and then they can amend the ticket and add the set fine and total payable back in. Its only a fatal error if you do not go to trial. If you go to trial, then they are allowed to fix any fatal errors.
If it was me, I would NOT respond to the ticket, and would wait to deal with it at an appeal if the JP does not quash it (which they should if there is no set fine).
I did not realize that if I go to trial they are allowed to fix the fatal error... I thought If I select option 3, I would meet with the JP prior to a trial and they would see the error and quash the ticket right there and then. You're essentially saying if I respond to this ticket, my right to appeal the outcome due to a fatal error is no longer possible as the JP will amend the ticket with the correct fine information (why would the JP choose not to amend the ticket unless he/she is feeling extra nice).
I did not realize that if I go to trial they are allowed to fix the fatal error... I thought If I select option 3, I would meet with the JP prior to a trial and they would see the error and quash the ticket right there and then.
You're essentially saying if I respond to this ticket, my right to appeal the outcome due to a fatal error is no longer possible as the JP will amend the ticket with the correct fine information (why would the JP choose not to amend the ticket unless he/she is feeling extra nice).
There is a provision in one of the Acts (Courts of Justice or Provincial Offences) that says a Justice of the Peace can ONLY AMEND a ticket at TRIAL. And it is usually done at the request of the Prosecutor. The trial must actually start in order for them to amend the ticket. If you choose option 3 for a trial, but don't show up, then the trial will not start and the JP can NOT amend it. You have to choose an option for trial and then show up for the trial and the trial must actually start (they ask you how you plead Guilty or Not Guilty) in order for them to be able to fix the ticket. If you show up and the trial starts and they amend the ticket then yes you are losing your right to appeal. If you ask for a trial but do not show up, or you just do not respond to the ticket at all, the ticket will go before a JP for review and since you are not there in either of these cases, there is no trial and they can not amend it. They can only look at the ticket as-is and decide that it is ok and you should be convicted, or they decide that there is problem with it and it should be dropped. If they decide it is ok and convict you (which they shouldn't because the set fine is missing, but they could just not be paying attention and miss that error), this is when you can appeal.
Bud416 wrote:
You're essentially saying if I respond to this ticket, my right to appeal the outcome due to a fatal error is no longer possible as the JP will amend the ticket with the correct fine information (why would the JP choose not to amend the ticket unless he/she is feeling extra nice).
There is a provision in one of the Acts (Courts of Justice or Provincial Offences) that says a Justice of the Peace can ONLY AMEND a ticket at TRIAL. And it is usually done at the request of the Prosecutor. The trial must actually start in order for them to amend the ticket. If you choose option 3 for a trial, but don't show up, then the trial will not start and the JP can NOT amend it. You have to choose an option for trial and then show up for the trial and the trial must actually start (they ask you how you plead Guilty or Not Guilty) in order for them to be able to fix the ticket. If you show up and the trial starts and they amend the ticket then yes you are losing your right to appeal.
If you ask for a trial but do not show up, or you just do not respond to the ticket at all, the ticket will go before a JP for review and since you are not there in either of these cases, there is no trial and they can not amend it. They can only look at the ticket as-is and decide that it is ok and you should be convicted, or they decide that there is problem with it and it should be dropped. If they decide it is ok and convict you (which they shouldn't because the set fine is missing, but they could just not be paying attention and miss that error), this is when you can appeal.
Thanks for the explanation. Why does the prosecutor not have the right to quash the ticket if I were to choose option 2 and meet with him? Technically no trial has started but I'm trying to avoid wasting anyone's time taking a case with a fatal error to trial. If i meet with the prosecutor prior to trial to let him know that I will not be showing up for a trial due to the fatal error, wouldn't he quash the ticket right there and then to avoid wasting the courts time going to trial for a ticket that has a fatal error? I thought the prosecutor's goal was to limit the amount of cases going to trial.
Thanks for the explanation.
Why does the prosecutor not have the right to quash the ticket if I were to choose option 2 and meet with him?
Technically no trial has started but I'm trying to avoid wasting anyone's time taking a case with a fatal error to trial. If i meet with the prosecutor prior to trial to let him know that I will not be showing up for a trial due to the fatal error, wouldn't he quash the ticket right there and then to avoid wasting the courts time going to trial for a ticket that has a fatal error?
I thought the prosecutor's goal was to limit the amount of cases going to trial.
Some prosecutors are great and will always do the right thing. Other prosecutors will do just about anything to get the conviction. So yes the prosecutor SHOULD agree to have the charge withdrawn when you show them the error, but they might not. And if you tell the prosecuto about the problem up front, they could also withdraw the charge but then ask the officer to re-issue a new ticket with the correct information on it. The officer has 6 months to give you a new ticket. If you just don't respond and don't tell them about the problem, then the JP should quash it (or you appeal if he doesn't) and you can not be re-charged for the same charge again and the officer can not re-issue a new ticket.
Some prosecutors are great and will always do the right thing. Other prosecutors will do just about anything to get the conviction.
So yes the prosecutor SHOULD agree to have the charge withdrawn when you show them the error, but they might not. And if you tell the prosecuto about the problem up front, they could also withdraw the charge but then ask the officer to re-issue a new ticket with the correct information on it. The officer has 6 months to give you a new ticket.
If you just don't respond and don't tell them about the problem, then the JP should quash it (or you appeal if he doesn't) and you can not be re-charged for the same charge again and the officer can not re-issue a new ticket.
Be careful talking to the prosecutor. Remember that if your ticket was issued less then 6 months ago the prosecutor has the option of withdrawing the ticket with the error on it and then issuing you with a new, error free, summons. If that happens you lose your advantage and will be forced into a regular trial. So at the very least don't tell them what is going on until the 6 months statute of limitations has expired so they can't recharge you. Even then it is probably best not to give away your strategy to the opposition, the less they know about what you are doing the better it is for you. The best thing to do at this point is to just sit back and let the system run it's course. The prosecutor's goal is to get as many people as they can to plead guilty. Dropping charges outright looks bad on their record, so they don't like to do it unless they are really forced to.
Bud416 wrote:
Thanks for the explanation.
Why does the prosecutor not have the right to quash the ticket if I were to choose option 2 and meet with him?
Technically no trial has started but I'm trying to avoid wasting anyone's time taking a case with a fatal error to trial. If i meet with the prosecutor prior to trial to let him know that I will not be showing up for a trial due to the fatal error, wouldn't he quash the ticket right there and then to avoid wasting the courts time going to trial for a ticket that has a fatal error?
Be careful talking to the prosecutor. Remember that if your ticket was issued less then 6 months ago the prosecutor has the option of withdrawing the ticket with the error on it and then issuing you with a new, error free, summons. If that happens you lose your advantage and will be forced into a regular trial. So at the very least don't tell them what is going on until the 6 months statute of limitations has expired so they can't recharge you. Even then it is probably best not to give away your strategy to the opposition, the less they know about what you are doing the better it is for you. The best thing to do at this point is to just sit back and let the system run it's course.
Bud416 wrote:
I thought the prosecutor's goal was to limit the amount of cases going to trial.
The prosecutor's goal is to get as many people as they can to plead guilty. Dropping charges outright looks bad on their record, so they don't like to do it unless they are really forced to.
What is the expected timeline on receiving the letter in the mail (either stating it was quashed or stating I am guilty and have the option to appeal?)
What is the expected timeline on receiving the letter in the mail (either stating it was quashed or stating I am guilty and have the option to appeal?)
If the ticket is quashed, you will not get a letter in the mail. You will need to follow up with the court after the non-response review of your ticket. You would only get a notice of conviction if the Justice did not notice the error and convicted.
Bud416 wrote:
What is the expected timeline on receiving the letter in the mail (either stating it was quashed or stating I am guilty and have the option to appeal?)
If the ticket is quashed, you will not get a letter in the mail. You will need to follow up with the court after the non-response review of your ticket. You would only get a notice of conviction if the Justice did not notice the error and convicted.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.
I went through this with a red light ticket I got back in 2011 that had an incorrect set fine. I got the ticket on May 18th but they didn't send me a letter saying I had been convicted until July 29th, so it can take some time. Also, as OTD pointed out, you will only get a letter if you are convicted. If they quash the ticket you won't hear from them. If it were me I would wait about a month and then give them a call to see what the status of your ticket is. If they say it has been quashed then you have won and don't need to take any further action. If they say it is still pending then thank them for the info and hang up, no need to elaborate on your legal strategy. I would then give it another couple of weeks and call again.
I went through this with a red light ticket I got back in 2011 that had an incorrect set fine. I got the ticket on May 18th but they didn't send me a letter saying I had been convicted until July 29th, so it can take some time. Also, as OTD pointed out, you will only get a letter if you are convicted. If they quash the ticket you won't hear from them. If it were me I would wait about a month and then give them a call to see what the status of your ticket is. If they say it has been quashed then you have won and don't need to take any further action. If they say it is still pending then thank them for the info and hang up, no need to elaborate on your legal strategy. I would then give it another couple of weeks and call again.
Okay - so in jsherks post a few above this, he states that a fatal error can only be corrected at trial. I was at court the other day to set a date. There was a lady in front of me that was there to set a date as well for a cell phone / texting charge. During the discussions between her and the JP, the JP noted the HTA reference was incorrect and asked the prosecutor to amend the ticket. The JP then asked the lady if this was acceptable to her - and her, not knowing any better, agreed to it. Is this an error in procedure and would the lady have any recourse available to her?
Okay - so in jsherks post a few above this, he states that a fatal error can only be corrected at trial. I was at court the other day to set a date. There was a lady in front of me that was there to set a date as well for a cell phone / texting charge. During the discussions between her and the JP, the JP noted the HTA reference was incorrect and asked the prosecutor to amend the ticket. The JP then asked the lady if this was acceptable to her - and her, not knowing any better, agreed to it.
Is this an error in procedure and would the lady have any recourse available to her?
@riggyzomba - Just realized you are not the original author of this thread! She agreed to the change so there is probably nothing she can do now. But it sounds like it was a SUMMONS if you were there to set a date, so I think you MUST show up to those dates. Now when setting a date a summons hearing, this is not a trial as far as I am aware, so not sure if you can actually amend a summons before the trial starts or not, so maybe more to this.
@riggyzomba - Just realized you are not the original author of this thread! She agreed to the change so there is probably nothing she can do now. But it sounds like it was a SUMMONS if you were there to set a date, so I think you MUST show up to those dates. Now when setting a date a summons hearing, this is not a trial as far as I am aware, so not sure if you can actually amend a summons before the trial starts or not, so maybe more to this.
I was there to set a date for the insecure load ticket that I have posted in another thread. The reason we had to set a date was due to the per diem prosecutor, during my initial trial date, requesting more substantiating documentation that I was given permission to appear on behalf of the individual that received the ticket. We now have another trial date set for February 9th. The lady with the cell phone charge was also present at my first trial date and she too was postponed at that time as she had not yet asked / received disclosure. She was the one I made reference to in the other post as well. The reason we could not set a date at that time was due to the fact that the prosecutor did not have the officers' schedule for the new year yet. (It is the same officer in both of our cases). I think you could hear my exasperation when the JP asked to amend her ticket - she asked me after if what she did was a bad thing....
I was there to set a date for the insecure load ticket that I have posted in another thread. The reason we had to set a date was due to the per diem prosecutor, during my initial trial date, requesting more substantiating documentation that I was given permission to appear on behalf of the individual that received the ticket. We now have another trial date set for February 9th. The lady with the cell phone charge was also present at my first trial date and she too was postponed at that time as she had not yet asked / received disclosure. She was the one I made reference to in the other post as well.
The reason we could not set a date at that time was due to the fact that the prosecutor did not have the officers' schedule for the new year yet. (It is the same officer in both of our cases).
I think you could hear my exasperation when the JP asked to amend her ticket - she asked me after if what she did was a bad thing....
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…
