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received Court Summons in ON, moved to BC
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PostPosted: Thu Aug 03, 2017 12:52 pm 
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Joined: Thu Aug 03, 2017 11:57 am
Posts: 1
Hey Guys, need some advice/help with a situation.

In April received a ticket for cell phone usage while driving. Paid it and was waiting for driver's license suspension notice because of G2. I never received a notice and on early morning June 17th Police Officer pulled me, telling me that suspension took place on June 15th. My license was taken and the car got impounded. Officer issued the court summons for August 24th, but I will be moving out of province and won't be able to attend it.

My questions are:

1) What type of documentation/note will a friend of mine need to represent me in the court as an agent?
2) Is it possible to request the actual trial date scheduled for a specific date (i.e. October)?
3) What documents should I request from the court (i.e. disclosure, etc.)?
4) What are my chances to get this case dropped?

Thank you in advance!


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Re: received Court Summons in ON, moved to BC
PostPosted: Sat Aug 05, 2017 4:41 pm 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1045
mrchumakov wrote:
1) What type of documentation/note will a friend of mine need to represent me in the court as an agent?


Your friend can just bring a simple letter just in case, but they probably wont even need to use it. As long as they're not accepting money for services, it should be fine.

However, this is a pretty serious charge as far as traffic act offenses go. It wouldn't be the worst thing to consider someone with a bit more experience.

mrchumakov wrote:
2) Is it possible to request the actual trial date scheduled for a specific date (i.e. October)?


The courts are extremely busy. While it's possible to reschedule a date, you're not exactly going to get a date of your choosing.

mrchumakov wrote:
3) What documents should I request from the court (i.e. disclosure, etc.)?


The charge is driving while suspended. There isn't going to be much in terms of disclosure. Either your license was valid or it wasn't. That being said, you'd still probably want to ask for anything available to you.

mrchumakov wrote:
4) What are my chances to get this case dropped?


Dropped based on what? You plead guilty to a charge that came with a 30 day license suspension. There is an expectation that you wont be able to drive. Your strategy was to continue driving until someone told you otherwise. The letter at this point isn't so much a formality as it is a courtesy. There are instances where some people may not realize they are driving suspended. I can't say that this is one of them. I don't know if there is much they can do for you.

Here's a last bit of advice. If you plan on ever driving in Ontario again with ANY license, you better make sure you take care of all of this. If you return to Ontario with a BC license, you will be charged with driving suspended again and they'll take whatever license you're carrying.


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Re: received Court Summons in ON, moved to BC
PostPosted: Thu Aug 31, 2017 6:32 am 
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Joined: Thu Aug 27, 2009 10:06 pm
Posts: 354
Plus trials like this will be run without you should you decide not to attend.

OPS


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