Hello, I was charged with Careless, my Ticket Paralegal went to court and the Court Prosecutor decided to agree to dismiss the charge as the ticket had what was deemed a fatal omission error. Judgement was issued accordingly. Now over a month later I am suddenly hand delivered a Summons to re-appear again in court for the same charge as it has been re-opened. 1. Who would have requested it to be re-opened? The ticketing officer? Someone other? 2. Why and how can this be done? Is there some kind of time frame where a dismissed ticket can be re-opened again. 3. How do I fight this mess now? Thank you kindly to all, who's replies and advice is very much appreciated.
Hello, I was charged with Careless, my Ticket Paralegal went to court and the Court Prosecutor decided to agree to dismiss the charge as the ticket had what was deemed a fatal omission error. Judgement was issued accordingly. Now over a month later I am suddenly hand delivered a Summons to re-appear again in court for the same charge as it has been re-opened.
1. Who would have requested it to be re-opened? The ticketing officer? Someone other?
2. Why and how can this be done? Is there some kind of time frame where a dismissed ticket can be re-opened again.
3. How do I fight this mess now?
Thank you kindly to all, who's replies and advice is very much appreciated.
1) It's irrelevant who re-opened the case; if the prosecution has evidence to secure a careless driving conviction; they will proceed. 2) The statue of limitation is 6 months from when the alleged offence was committed. 3) If you used a ticket paralegal the first time, you may want to revisit them again. You can find more details in the Provincial Offences Act: http://www.ontario.ca/laws/statute/90p33#BK100 Where is this court house located?
1) It's irrelevant who re-opened the case; if the prosecution has evidence to secure a careless driving conviction; they will proceed.
2) The statue of limitation is 6 months from when the alleged offence was committed.
3) If you used a ticket paralegal the first time, you may want to revisit them again.
Thank you iFly55 Although irrelevant, I would however like to better understand the process in which it was reopened after originally being dismissed. Your insight on this would be appreicated. Thank you kindly. The Courthouse is Caledon
Thank you iFly55
Although irrelevant, I would however like to better understand the process in which it was reopened after originally being dismissed.
The prosecutor didn't "dismiss" the charge, they simply withdrew it, probably because it had the omission. They just re-layed the charge by issuing a Summons. As long as the summons was issued within 6 months of the infraction, it's valid and you will have to appear in court again.
The prosecutor didn't "dismiss" the charge, they simply withdrew it, probably because it had the omission. They just re-layed the charge by issuing a Summons. As long as the summons was issued within 6 months of the infraction, it's valid and you will have to appear in court again.
Also, read this topic http://www.ontariohighwaytrafficact.com/topic7122.html It's starts out talking about Follow Too Close but gets into some Careless Driving discussion. On the first page, in the 12th post down, I posted a couple links related to careless driving that you should read.
It's starts out talking about Follow Too Close but gets into some Careless Driving discussion. On the first page, in the 12th post down, I posted a couple links related to careless driving that you should read.
original date of infraction Feb 11 2015 withdrawn by prosecution in June on court date, ... no HTA Section indicated on ticket. summons re-issued July 10th 2015 thank you all for your input !
original date of infraction Feb 11 2015
withdrawn by prosecution in June on court date, ... no HTA Section indicated on ticket.
They have within 6 months of the original offence to issue a summons... so they met that window. A bit bizarre as to why they decided to go after you again. SO... with that in mind, can you tell us what happened that led to the charge? Please omit the exact location of the offence.
They have within 6 months of the original offence to issue a summons... so they met that window. A bit bizarre as to why they decided to go after you again.
SO... with that in mind, can you tell us what happened that led to the charge? Please omit the exact location of the offence.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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