Summons to appear ?

Jay
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Summons to appear ?

by: Jay on
Mon Mar 01, 2010 4:26 pm

I received a "summons to appear" for the offence of Careless Driving. The officer wrote me a "pink" ticket, not a yellow one, and signed off on the fine and demerit points as being zero (i.e. no points, no fines, as he told me) As well, he filled in a court date, less than a month away from today. What does all this mean? I've tried to search the message board topics for some info on "Summons", but I come up empty. To me, it seems like it is a set trial date. I am confused on what I should be doing. Should I be preparing for a trial or am I going to set a trial date?

In my circumstance, no accidents occurred. I haven't the foggiest idea what I did wrong. Should I request disclosure before this court date? But I doubt that I will receive the information before then.

Thanks for the help. This site is an invaluable information tool.


Jay
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by: Jay on
Tue Mar 02, 2010 5:30 pm

Is my situation something new that no one has experienced before? I am thinking that I have to go before the JP to explain my situation and then I'll be convicted. Do I not have a right to a fair trial? I'm in the process of requesting disclosure but the prosecutor's office fax machine just keeps ringing and ringing - it does not pick up. Another tactic on their part?

I'm just frustrated at the whole thing ....


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beleafer81
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by: beleafer81 on
Tue Mar 02, 2010 11:54 pm

It makes no sence to me. CAreless is a heavy charge. zero dollars as a fine and zero points does not add up. Are you sure YOU have been charged? or do they think you were a witness to the charge? I have recieved a summons as registered mail to apear as a witness.


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hwybear
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by: hwybear on
Wed Mar 03, 2010 9:33 am

What the "pink" summons does it "order" you to court on the specific date. On that date you will still have the normal 3 options(guilty, guilty with explanation or trial).

The zero fine listed is b/c the officer used the Provincial Offence Notice Summons, which is a "pink" summons in a normal "ticket book". There is a spot for a fine, but since it is a summons there is no roadside fine, so a zero was entered.

No ticket or summons will indicate demerit points as that is all done by the MTO. Court systems/procedures have nothing to do with demerit points.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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