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)

Unread post by jimm 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".
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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Unread post by jsherk on

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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Unread post by jimm on

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.


jimm
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Unread post by jimm on

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.


UnluckyDuck
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Unread post by UnluckyDuck on

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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Unread post by jimm on

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.


jimm
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Unread post by jimm on

Darn it! I need to spend one more day in court.


jimm
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Unread post by jimm on

THE CONVICTION REMAINS ON YOUR ABSTRACT UNTIL EITHER A REOPENING OR APPEAL IS SUCCESSFUL


My question here:

the conviction will be quashed when the reopening is granted or when I win the reopened trial?


jsherk
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Unread post by jsherk on

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 +++


jimm
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Unread post by jimm on

thanks for the reply.

by conviction I meant the 2pts record on my driver
abstract.

I called MTO today and the record is still there.
the agent said the record will not be removed until I win, yet he might be wrong.


jsherk
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Unread post by jsherk on

Well I could be wrong as well... I would suspect that MTO knows more about it than me!
+++ This is not legal advice, only my opinion +++


jimm
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Unread post by jimm on

Got an update:

receive reopen trial in June.

called MTO to remove the pending conviction record






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