Hi all, I've spent some time reading through the forums the last few months and have appreciated all of the information everyone has compiled. I was hoping someone could provide some insight to help in a regrettable situation. My situation arises from a number of incorrect however what I believe to be fairly reasonable assumptions - oh how I've learned over the past two years! In August of 2011 I was pulled over and issued a ticket for unnecessary noise and was also informed by the officer that I was driving under suspension. My suspension was due to an unpaid traffic ticket I had received the September previous. I hadn't paid the ticket because I was financially burdened at the time and incorrectly assumed it would just show up the next time I went to renew my plate stickers. Stupid, I know, but it was my first ticket ever and I wasn't clear on how things worked. I didn't receive any other notice that it was outstanding or that my license was suspended until I was pulled over. The officer issued me two summons for both the drive under suspension and unnecessary noise with a court date in Sept. 2011. He told me to sort out the suspension and bring in proof as well as a receipt from the service station I had JUST had my exhaust serviced at and that they would likely throw out the charges. Based on the advice I'd read on these forums, I attended the court date and attempted to approach the prosecutor (a lady) in attempts to explain my situation with documentation that I had immediately paid the ticket, and reinstatement fee, and that I had all of my ducks in a row, so to speak. I was hoping she would allow me to plea to a lesser charge at the least. The prosecutor refused to discuss anything with me and I was issued disclosure and told to return for a second appearance a few weeks later. I attempted to call the Crown Attorney's office in the weeks following a few times to request a meeting or conversation to come to resolution. None of my calls were returned. I attended my Second appearance and again attempted to approach the prosecutor who dismissed me again (it was a different attorney this time - a man). Another, third attorney was in attendance who was having the resolution discussions with his clients that I was seeking, so I asked him how to go about having that conversation. He explained that he wasn't sure how my attorney went about his business and that I'd have to call and find out. He also told me to request a charge screening form to see how the prosecutor intended to proceed. I was instructed to return for a third appearance to set a trial date. I requested the charge screening form and was set to return to court for my third date however due to a scheduling mix up, I missed the date. I called to the courthouse immediately after realizing (which was later that day) and the receptionist told me that the appearance was only to schedule a date and that it would have been done in my absence. I asked her when the date was and she said her file had not been updated yet, but to call back in a week or so to find out. A week went by and I called again to find out my court date - the receptionist told me again that it had not been input yet, but that I would be mailed a notice of the date in advance of my trial. I was relieved and didn't think much more of it, awaiting notification of the trial date. Earlier this week I received a notice from the MTO in the mail informing me that be license had been suspended again due to being convicted with driving under suspension on September 13th, 2012. I had missed my trial date because I wasn't informed of when it was - hindsight being 20/20, I should have called in the months following, but I was under the impression that I would be mailed the date based on the information provided by the receptionist at the courthouse - and since it had been so long since I'd heard anything, it wasn't at the forefront of my mind. I did a search on these forums and attended the courthouse this morning to request a reopening of my case since I was unable to defend myself at trial. The lady at the counter told me that it was my responsibility to know when the next action on my case was and suggested the only recourse I now have is to appeal the decision, since it was a Part III summons and the summons itself was notice of trial. So now I am wondering how to go about processing the appeal and whether or not it is even worth it at this point. I had really hoped to have an opportunity to explain my situation to the prosecutor thinking that a resolution would be likely. Now everything has proceeded in my absence and it seems I'm left without a license for the next 6 months (which is my only transportation to and from work), as well as a hefty fine and surely huge insurance increases. I have a couple questions about appealing based upon section 11B, if this is even grounds for appeal - in that my trial date was more than a full year after the offence (pulled over August 4th, 2011, convicted Sept 13, 2012). Will this fly? I also noticed an error with my name on the "Information" form enclosed in my disclosure. I have read that this "Information" form is essentially the listing of charges in a summons case, as opposed to the face of a ticket in a minor offence. They misspelled my first name twice on the form, and while they have corrected this for the first charge (unnec. noise), they have left it in error for the second charge (driving under suspension). Is this considered a fatal error? Would it now be forced since I was convicted? If I am not able to appeal to have the conviction overturned entirely, is there any recourse that would allow me to lessen the severity of the consequences at this point? While I can't exactly afford the fine and insurance increases, I am much more concerned about having a means of transportation for the next six months. No one else in my household drives as of yet. My fiance recently obtianed a G1 license (long overdue), however isn't scheduled for a G2 road test until March. Any advice would be appreciated at this point. I understand the missteps I've made in not diligently pursuing the information I required in the first place - trust me, lesson learned. Kind regards to all.
Hi all, I've spent some time reading through the forums the last few months and have appreciated all of the information everyone has compiled. I was hoping someone could provide some insight to help in a regrettable situation. My situation arises from a number of incorrect however what I believe to be fairly reasonable assumptions - oh how I've learned over the past two years!
In August of 2011 I was pulled over and issued a ticket for unnecessary noise and was also informed by the officer that I was driving under suspension. My suspension was due to an unpaid traffic ticket I had received the September previous. I hadn't paid the ticket because I was financially burdened at the time and incorrectly assumed it would just show up the next time I went to renew my plate stickers. Stupid, I know, but it was my first ticket ever and I wasn't clear on how things worked. I didn't receive any other notice that it was outstanding or that my license was suspended until I was pulled over. The officer issued me two summons for both the drive under suspension and unnecessary noise with a court date in Sept. 2011. He told me to sort out the suspension and bring in proof as well as a receipt from the service station I had JUST had my exhaust serviced at and that they would likely throw out the charges.
Based on the advice I'd read on these forums, I attended the court date and attempted to approach the prosecutor (a lady) in attempts to explain my situation with documentation that I had immediately paid the ticket, and reinstatement fee, and that I had all of my ducks in a row, so to speak. I was hoping she would allow me to plea to a lesser charge at the least. The prosecutor refused to discuss anything with me and I was issued disclosure and told to return for a second appearance a few weeks later. I attempted to call the Crown Attorney's office in the weeks following a few times to request a meeting or conversation to come to resolution. None of my calls were returned. I attended my Second appearance and again attempted to approach the prosecutor who dismissed me again (it was a different attorney this time - a man). Another, third attorney was in attendance who was having the resolution discussions with his clients that I was seeking, so I asked him how to go about having that conversation. He explained that he wasn't sure how my attorney went about his business and that I'd have to call and find out. He also told me to request a charge screening form to see how the prosecutor intended to proceed. I was instructed to return for a third appearance to set a trial date.
I requested the charge screening form and was set to return to court for my third date however due to a scheduling mix up, I missed the date. I called to the courthouse immediately after realizing (which was later that day) and the receptionist told me that the appearance was only to schedule a date and that it would have been done in my absence. I asked her when the date was and she said her file had not been updated yet, but to call back in a week or so to find out. A week went by and I called again to find out my court date - the receptionist told me again that it had not been input yet, but that I would be mailed a notice of the date in advance of my trial. I was relieved and didn't think much more of it, awaiting notification of the trial date.
Earlier this week I received a notice from the MTO in the mail informing me that be license had been suspended again due to being convicted with driving under suspension on September 13th, 2012. I had missed my trial date because I wasn't informed of when it was - hindsight being 20/20, I should have called in the months following, but I was under the impression that I would be mailed the date based on the information provided by the receptionist at the courthouse - and since it had been so long since I'd heard anything, it wasn't at the forefront of my mind. I did a search on these forums and attended the courthouse this morning to request a reopening of my case since I was unable to defend myself at trial. The lady at the counter told me that it was my responsibility to know when the next action on my case was and suggested the only recourse I now have is to appeal the decision, since it was a Part III summons and the summons itself was notice of trial.
So now I am wondering how to go about processing the appeal and whether or not it is even worth it at this point. I had really hoped to have an opportunity to explain my situation to the prosecutor thinking that a resolution would be likely. Now everything has proceeded in my absence and it seems I'm left without a license for the next 6 months (which is my only transportation to and from work), as well as a hefty fine and surely huge insurance increases.
I have a couple questions about appealing based upon section 11B, if this is even grounds for appeal - in that my trial date was more than a full year after the offence (pulled over August 4th, 2011, convicted Sept 13, 2012). Will this fly?
I also noticed an error with my name on the "Information" form enclosed in my disclosure. I have read that this "Information" form is essentially the listing of charges in a summons case, as opposed to the face of a ticket in a minor offence. They misspelled my first name twice on the form, and while they have corrected this for the first charge (unnec. noise), they have left it in error for the second charge (driving under suspension). Is this considered a fatal error? Would it now be forced since I was convicted?
If I am not able to appeal to have the conviction overturned entirely, is there any recourse that would allow me to lessen the severity of the consequences at this point? While I can't exactly afford the fine and insurance increases, I am much more concerned about having a means of transportation for the next six months. No one else in my household drives as of yet. My fiance recently obtianed a G1 license (long overdue), however isn't scheduled for a G2 road test until March.
Any advice would be appreciated at this point. I understand the missteps I've made in not diligently pursuing the information I required in the first place - trust me, lesson learned.
I've also noted that the officers name on the "Information" form is different than the name provided on my tickets as well as the notes/case files. Is this of any help at all? I.e. This is the information of Joe Blow of OPP, Police Officer. However, the rest of the documentation was from Sam Schmidt, the officer who pulled me over.
I've also noted that the officers name on the "Information" form is different than the name provided on my tickets as well as the notes/case files. Is this of any help at all? I.e. This is the information of Joe Blow of OPP, Police Officer. However, the rest of the documentation was from Sam Schmidt, the officer who pulled me over.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…