Got conviction notice for a never-received ticket (2pts)

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jimm
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Got conviction notice for a never-received ticket (2pts)

by: jimm on
Fri Jan 22, 2016 1:30 pm

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".
I went to court !!!the 2nd time!!!, and of course I appealed. I'm waiting for the result.

Could anyone tell me what's likely to happen next?

Assumed "left turn" ticket is overturned. How long will the MTO record stay until removed?

How about the "failed to signal" ticket? Will it be affected in any sense by the "left turn" ticket?

What's my best strategy for both tickets?


jsherk
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by: jsherk on
Fri Jan 22, 2016 2:54 pm

Okay so a little confused... what do you mean you went to court second time?

Do you mean you just went in and talked to somebody in the office, or did you have an actual trial in front of a Justice of the Peace?

Did you ask to specifically APPEAL the Unsafe Left Turn ticket or did you ask for it to be RE-OPENED with a new trial?

Your defense for the unsafe left turn ticket would be to testify that officer never gave the ticket to you, so you were not properly served.

Failed To Signal ticket is completely independent of the Unsafe Left Turn. Did you plead Not Guilty and request a trial?
+++ This is not legal advice, only my opinion +++


jimm
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by: jimm on
Sun Jan 24, 2016 12:50 am

jsherk wrote:Okay so a little confused... what do you mean you went to court second time?

******** The 1st time I requested a trial for the "failed to signal" ticket within 15 days of the accident. One month later I went 2nd time to reopen my case for "unsafe left turn".

Do you mean you just went in and talked to somebody in the office, or did you have an actual trial in front of a Justice of the Peace?

Did you ask to specifically APPEAL the Unsafe Left Turn ticket or did you ask for it to be RE-OPENED with a new trial?

******** If I remember correctly, it should be reopen. May I ask is it possible I don't need to go to court if the police office admits her fault?

Your defense for the unsafe left turn ticket would be to testify that officer never gave the ticket to you, so you were not properly served.

******** You're right. I gave the same reason on the paperwork.

Failed To Signal ticket is completely independent of the Unsafe Left Turn. Did you plead Not Guilty and request a trial?

******** Yes.




UnluckyDuck
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by: UnluckyDuck on
Mon Jan 25, 2016 10:40 am

jimm wrote: ******** If I remember correctly, it should be reopen. May I ask is it possible I don't need to go to court if the police office admits her fault?
JSherk would be better off answering this one, but if I recall correctly, an appeal should have been done for this ticket, not a re-opening. Reopening will give you another trial, but I think an appeal would quash the ticket (don't quote me on this).

jimm wrote: I kinda screw up due to police's fault. My driver record was clean before I "was forced" to be convicted for a "unsafe turn" ticket. And I need to spend more time to deal with court and MTO.
You are never forced to be convicted. Once a case is reopened, the conviction is withdrawn, meaning it's like you never received it. As for the time being spent with MTO, its your own choice. Yes I know that some people argue "fight because I'm not guilty" but at the same time you have to look at both sides to the issue. Do I really want to take a day off work, lose money to drive down to a court to fight a ticket, or do I just pay the fine and deal with the insurance increase. Either way, you're at a loss.


jimm
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by: jimm on
Fri Jan 29, 2016 9:30 am

Just a follow-up:

I did reopen my case since I did NOT receive the ticket from police (nor any trial). Instead, appealing will take me to next level court and reopen will hold a trial in the provincial court.

The trial notice will come faster (6 weeks or so) because this is a reopening trial.

The reopening is granted on Jan 25th.






jsherk
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by: jsherk on
Fri Jan 29, 2016 11:51 am

A re-opening means there was a problem with the first trial, so the conviction should be removed from your record upon the re-opening being granted. So it should be like you had not had a trial yet and therefore there should be no conviction on record. Only if you are found guilty at the new trial would the conviction re-appear on your record.

I think with an appeal it is different. With an appeal, the conviction would stay on your record until you actually went to the appeal trial and the judge agreed there was a problem and the conviction would then be withdrawn.
+++ This is not legal advice, only my opinion +++








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