Question for Simon Borys regarding officer not showing...

Hey Simon,

As we all know, one of the best ways to win is by the cop not showing up.

My question revolves around how this process really works. Is there an art to knowing which cops will likely show and which will not? Is there procedure for coming to court dates dependent on their region of employment? Is there a way we can effect this process by adjournments, delays etc?

Those are just a few questions that I had. I thought you might be the write one to shed some light on this considering your past experiences.

I know people who have had multiple tickets far east in Toronto (scarbrough area) and he's told me that every time the cop hasn't showed up (he claims its luck).

Any help would be appreciated.

Well Im not Simon, but I think I can answer your question.

For most police services, HTA matters are always scheduled on the officers regular working days. Courts are provided with a copy of the officers schedule (including vacation days) so that they know when to book matters. Matters can be delayed or rescheduled, but the Court will typically ensure its on a day when the officer is available. Is there a chance that the officer wont show? Yes, but its not a common occurrence. Officers are legally required to attend Court, its not something that they can opt out of because they dont feel like it. If an officer fails to attend Court without good reason, they could face discipline that would typically result in a forfeiture of pay, etc.

Now there are some exceptions to scheduling matters on working days. I know Toronto Police used to (and perhaps still do) book HTA matters on officers days off to help frontline staffing. Regardless, those officers would still be required to attend Court and would be receiving the added incentive of overtime pay for doing so. Other GTA services may operate in a similar fashion.

Typically if an officer doesnt show, it would be because theyre sick or got tied up on a call for service prior to Court. Sometimes there used to be problems with officer being double booked in multiple Courts (i.e. Criminal and HTA), but I hear less and less of those issues.

Id agree with your friend that 99% of the time its just luck. If however youre asking because youve been charged with something, it might help to let us know what region/police service youre dealing with. Each is slightly different and you may have more luck in certain Courts.

Stanton wrote:

Well Im not Simon, but I think I can answer your question.

For most police services, HTA matters are always scheduled on the officers regular working days. Courts are provided with a copy of the officers schedule (including vacation days) so that they know when to book matters. Matters can be delayed or rescheduled, but the Court will typically ensure its on a day when the officer is available. Is there a chance that the officer wont show? Yes, but its not a common occurrence. Officers are legally required to attend Court, its not something that they can opt out of because they dont feel like it. If an officer fails to attend Court without good reason, they could face discipline that would typically result in a forfeiture of pay, etc.

Now there are some exceptions to scheduling matters on working days. I know Toronto Police used to (and perhaps still do) book HTA matters on officers days off to help frontline staffing. Regardless, those officers would still be required to attend Court and would be receiving the added incentive of overtime pay for doing so. Other GTA services may operate in a similar fashion.

Typically if an officer doesnt show, it would be because theyre sick or got tied up on a call for service prior to Court. Sometimes there used to be problems with officer being double booked in multiple Courts (i.e. Criminal and HTA), but I hear less and less of those issues.

Id agree with your friend that 99% of the time its just luck. If however youre asking because youve been charged with something, it might help to let us know what region/police service youre dealing with. Each is slightly different and you may have more luck in certain Courts.

Ya I'm dealing with two tickets at the moment, 1 for 10 over, although I think I was going 19 over and it got reduced and a failure to show insurance (although, I had the email version and he didnt accept). I'm not going to go into crazy details, but I'm sending in my discloure request today. I received my court date of May 24 in the mail on Friday, so I have about a month and a half. I'm hoping that they take their time to get me the disclosure so I can adjourn it because I doubt I'll be able to come up with a good argument. Regardless, of all that, the court is 2700 Eglinton Avenue West - I got pulled over around Dixon RD and Carlingview RD (speed trap, always beware in that area).

I was just wondering about the cop situation as I've heard from lots of people about how the cop didn't show. Also, this friend of mine that I was speaking to today has had some serious luck, so I thought I would ask to see if theres an art to this or not.

Stanton wrote:

Well Im not Simon, but I think I can answer your question.

For most police services, HTA matters are always scheduled on the officers regular working days. Courts are provided with a copy of the officers schedule (including vacation days) so that they know when to book matters. Matters can be delayed or rescheduled, but the Court will typically ensure its on a day when the officer is available. Is there a chance that the officer wont show? Yes, but its not a common occurrence. Officers are legally required to attend Court, its not something that they can opt out of because they dont feel like it. If an officer fails to attend Court without good reason, they could face discipline that would typically result in a forfeiture of pay, etc.

Now there are some exceptions to scheduling matters on working days. I know Toronto Police used to (and perhaps still do) book HTA matters on officers days off to help frontline staffing. Regardless, those officers would still be required to attend Court and would be receiving the added incentive of overtime pay for doing so. Other GTA services may operate in a similar fashion.

Typically if an officer doesnt show, it would be because theyre sick or got tied up on a call for service prior to Court. Sometimes there used to be problems with officer being double booked in multiple Courts (i.e. Criminal and HTA), but I hear less and less of those issues.

Id agree with your friend that 99% of the time its just luck. If however youre asking because youve been charged with something, it might help to let us know what region/police service youre dealing with. Each is slightly different and you may have more luck in certain Courts.

What he said.