Trial will not be processed

CHAND · Joined: 02 Mar 2008 Posts: 6 Location: TORONTO, ONTARIO

After gettting a ticket, I went for the trial option. Then, I received a letter saying that the trial will not be processed because original certificate of offence was not recieved by Provincial Offences Office from the enforcement officer. Provincial offences act provides that the enforcement officer may re-serve the offence notice at a later date.

a). should i consider that this offence is over? if is this offence forgiven?

b). Does the enforcement officer has any time duration to send the original certificate to the provincial offences office?

c). After how long the provincial offences office will recheck, if they receive the original certificate of offence from the enforcement officer?

d). What if the provincial offences office does not receive the original certificate from the enforcement office at a later date? So will they forgive me the ticket charges or still i have to pay for the ticket?

e). What if the enforcement officer send a original certificate of offence to the provincial offences office during the certain time limite, then will i be receiving a letter with the trial date from provincial offences office?

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hwybear · Posted: Fri Apr 25, 2008 7:14 pm Post subject:

Once the provincial offence notice is issued the officer has 7 days to have it submitted to the courts. If it is not submitted within that time frame the charge is not processed and to my understanding that is someone did pay, they would be re-imbursed as the process was not complete.

Sometimes offence notices are misplaced during the shift, or the officer got a priority call laid it on the seat and it fell below the seat.

The offence officer has up to 6 months to lay another offence notice on you, and would be served long form summons. That is not often done for common tickets, but if there is mitigating circumstances, such as a collision, the officer probably will be following up with the summons.
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The above noted material is NOT legal advice, it is an opinion only!

Bookm · Joined: 22 Jan 2008 Posts: 83 Location: Stratford, Ontario

Is a JP likely to deny the Part III summons request if it is a simple offense with no secondary issues (such as an accident caused by the offense)?

hwybear · Posted: Mon Apr 28, 2008 4:06 am Post subject:

I have never had a summons rejected from a JP.
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The above noted material is NOT legal advice, it is an opinion only!

CHAND · Joined: 02 Mar 2008 Posts: 6 Location: TORONTO, ONTARIO

I was not involved in any accident. I was driving on left lane and I needed to take right turn. so, I crossed the speed limit to overtake a civil car which was driven by a police man on my right hand lane. He followed me and gave me a ticket. Ticket says "interfere with trafic". OHTA section is: 170 (12) Ist he wrote 175 (14) and then cut it and rewrote 170 (12)

Bookm · Joined: 22 Jan 2008 Posts: 83 Location: Stratford, Ontario

Since 170(12) pertains to "parking" on a highway, it's possible he chose not to file it, knowing he wrote the wrong statute. I'd lay odds that you got lucky this time Wink