Notice!! The officer will not be coming to court

not guilty
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Notice!! The officer will not be coming to court

by: not guilty on
Tue Apr 06, 2010 8:07 pm

Ok, I got a fine in 2008 for invalid sticker. Couldn't pay it (I was in school). Got pulled over again two months later for the same thing, only the cop said if I get the first one payed he will rip up the ticket. I payed the first one and took the proof of payment to the police station and they said they would rip up the second ticket. But they didn't. In Febuary 2010 I was pulled over and told that I was driving while under suspension!! Then he fined me for having an improper driving license . (The police did not rip up the second ticket, I was never notified that my license was under suspension). So I decided to fight the improper driving license ticket. I just recieved a notice in the mail from the police department that the police officer who charged me will not be available for the court date next week and they will be asking to reschedule for July. I have taken the morning off of work to attend court, rescheduled my patients so that I could be there. My questions are, will they be allowed to reschedule or do I have any say in this matter? If the cop no shows, will the ticket be thrown out?


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FyreStorm
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by: FyreStorm on
Wed Apr 07, 2010 7:15 am

THey've given you notice that the officer will not be there.

It's the same as is you sent them notice you wouldn't, you wouldn't be found guilty if you provided notice, but rescheduled.

Go win your case in July...


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by: OTTLegal on
Tue Apr 27, 2010 7:48 am

The court or police are allowed to ask for an adjournment just like you would be allowed to ask for an adjournment if you could not make the original court date.

The person requesting the adjournment has to make a motion to the court and give at least 3 days notice to the other side. You are allowed to appear on the motion date and argue why the adjournment should not be granted.

If the adjournment is granted the trial will proceed on the new date given by the court. You are allowed however to use this additional time in an application for unreasonable time time delay argument. (11b application)
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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by: not guilty on
Thu May 20, 2010 7:58 am

Thank you for your replies. This is what happened. I went to court in May, even though the letter from the police said not to. I waited for my name to be called, but that never happened. The judge gave a 20 minute break and everyone lined up to talk to the crown attorney. They went in and came out usually with a reduced fine. So at the second break I decided to line up and talk to him myself, I just wanted to be heard by a judge. I told him who I was and the story behind the ticket. He said you don't have to be here, it's already been put off till July. The the police officer that was in the room said "I will try to see if the officer can come". (The officer could not come due to training).The crown then dismissed me. He thought I was going away, but I was not going anywhere. There was a paralegal in the waiting room, so I had a chat with him, told him the story, and he was nice enough to help me out. We then returned to the court room and the paralegal spoke on my behalf.
The crown attorney said "Apparantley NAME did not hear her name being called and did not receive the notice we sent her in the mail to have the court date in July". (My name was never called and I never said to him that I didn't get the notice). This is when the lovely paralegal spoke for me he asked the judge to have a look at the ticket. Then he asked the judge to tell him how much the fine was for? The judge chuckeled and said it could be for $265 or $325. At this point two other lawyers in the court room gave a chuckle. The crown attorney asked to see the ticket, even he couldn't tell how much it was for. DISMISSED. I was very relieved. This is what I learned, get a paralegal!!!!! I did not know that if the writing is somewhat distorted, the ticket is no good. When the other people went in to talk to the crown attorney, they came out looking like the just shook hands with the devil. Fortunately I didn't get that hand shake. [/b]


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