Careless Charge Dismissed but then later is Repened +Summons

avergejoe
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Careless Charge Dismissed but then later is Repened +Summons

Unread post by avergejoe on

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.


iFly55
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Unread post by iFly55 on

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?


avergejoe
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Unread post by avergejoe on

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


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Decatur
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Unread post by Decatur on

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.


jsherk
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Unread post by jsherk on

When was the original date of infraction?

What is the date the summons was issued?
+++ This is not legal advice, only my opinion +++


jsherk
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Unread post by jsherk on

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


avergejoe
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Unread post by avergejoe on

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 !


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Radar Identified
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Unread post by Radar Identified on

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


syntst
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Unread post by syntst on

It's unfortunate that your paralegal didn't know how to handle the fatal error. :(






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