Hi guys,

I have a ticket which I would like to discuss with you guys so that I can get any kind of help. here is the full story... Before I begin, just to let you know that my wife is pregnant.

I was driving in April at about 10+ PM and I was driving fast on 401 E near Pickering, the reason of driving fast was that my wife is pregnant and she was not feeling well and was having vomiting feeling and I wanted to reach home quickly because she would throw up. Anyways, cop pulled me over on radar that I was doing 144KM/Hr on 100KM/hr zone and he asked me why I was driving fast and I told him the obvious reason. He took my license without checking my insurance or car registration and left. Within 5 minutes, my wife wanted to puke and she opened the door and started throwing up on the shoulder. I ran from other side and gave her water bottle. She kept doing it for about 5-10 Minutes and the vomit keep coming out. Suddenly another cop car pulled over and there was a lady officer and she asked us that is she pregnant? How many months she is due now & when the due date is. I told her everything that she is 6 months already and almost 3 more to go. Anyways, after 5 more minutes, the male cop came back to me and return my license and told me to go home fast and take her home. He did not give me any ticket in my hand & just return me the license. Which I understood that he pardon me and I am free to go. I left quickly and came back home safely.

After a month or so, I received a notice from Ontario Court of Justice that I got convicted for a ticket and I owe them $334 by mid of June. I got panicked and called the court & they asked to come by. I went their along with my wife and went in-front of JP & asked him to everything and he re-opened my case.

Now, please tell me how to fight this ticket and what is in my favor as the OPP officer did not give me the ticket and the fellow lady officer, she wrote down the ticket but they never handed me out the ticket. Does this mean anything or it in my favor. How can I prove it that they did not hand me out the ticket and who would believe me. Should I get a lawyer or should I take my wife to court. I already got a letter from her Gyne Dr. about her pregnancy. So please advice me what to do in regards. I will be really grateful to all of you in advance.

Thanks

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Hi mmqureshi

THIS IS NOT LEGAL ADVICE. IT IS MERELY AN OPINION.

mmqureshi wrote:... Suddenly another cop car pulled over and there was a lady officer and she asked us that is she pregnant? How many months she is due now & when the due date is. I told her everything that she is 6 months already and almost 3 more to go.

...

Anyways, after 5 more minutes, the male cop came back to me and return my license and told me to go home fast and take her home. He did not give me any ticket in my hand & just return me the license. Which I understood that he pardon me and I am free to go.

...

After a month or so, I received a notice from Ontario Court of Justice that I got convicted for a ticket and I owe them $334 by mid of June. I got panicked and called the court & they asked to come by. I went their along with my wife and went in-front of JP & asked him to everything and he re-opened my case.

Now, ... the OPP officer did not give me the ticket and the fellow lady officer, she wrote down the ticket but they never handed me out the ticket. Thanks

I am guessing that the male officer let you go before the female officer had a chance to serve you with the notice of offence. In any event, she should have served you with the notice of offence personally.

Section 3.(3) of the Provincial Offences Act (HTA) states:

Service

(3) The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred. R.S.O. 1990, c. P.33, s. 3 (3).

And s. 3.(7) of the HTA:

Certificate as evidence

(7) A certificate of service of an offence notice or summons purporting to be signed by the provincial offences officer issuing it or an affidavit of service under subsection (6) shall be received in evidence and is proof of personal service in the absence of evidence to the contrary. R.S.O. 1990, c. P.33, s. 3 (7).

I think that instead of reopening the case, you could have appealed it on the grounds that the officer failed to serve you with the notice of offence and request that the certificate of offence be quashed. However reopening is also an appropriate option and perhaps more effective as it quashes and removes the conviction of your record.

I think that now the best course of action would be to make an application, before arraignment, requesting that the certificate be quashed on the same grounds.

I would suggest that you seek legal advice.

Cheers.

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Hi Biron

Thanks for your reply. Regarding your point of why re-opening the case, I told them and even told JP what happened and even wrote down the reason that why I want to re-open the case that I DID NOT RECEIVE THE TICKET, but they still did it anyways, I tried to explain the situation to JP and he shut me down that its OK, I don't need to hear all the story now and you just swear or affirm that whatever you are saying is true.

Anyways, kindly advice me someone where I can go in Ajax/Pickering area so that I can tell them my story and they would guide me from there.

Thanks in advance.