How long does it take

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grizz001
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How long does it take

Unread post by grizz001 on

Here is the problem.
My driver was involved in a personal injury accident which sent him to hospital with severe injuries(Ruptured Bowel ans shock) He wa given Morphine and IV and eventually 2 blood transfusions.Sometime later in the night the police officer attended at intensive care and issued him with a traffic summons in relation to the accident under HTA .This occured on Aug 23 2009 and as of today the summons has not been filed with the court as well as no accident report has been completed.
This is a long time and no co-operation yet in getting things looked after.

Am i right in stating that the officer has 90 days to submit the charges as well as 7 days to submit report to registrar.

Any suggestions appreciated and I can provide more inf if required.

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racer
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Unread post by racer on

Not sure about the 7 day submission to registrar, but the cop can issue a ticket up to 6 months after the offence.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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hwybear
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Unread post by hwybear on

grizz001 wrote:well as 7 days to submit report to registrar.
It is 10 days.

I file it in my sergeants tray, who reviews it, approves and moves it to another area for our stenos to file it. I know they are all filed within our office. If someone wants a copy they call the office and speak to our stenos, which usually involves sending in a fee to obtain the report.

There will be a date on the summons when the court is and all disclosure will at the court on that date.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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grizz001
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Unread post by grizz001 on

That is one of the problems.The seargeant in charge of detachment wants driver to email officer with cc to sergeant (To light a fire under his but to get it done.)

What about serving him in intensive care can you comment on this please.

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Mark Reynolds
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Unread post by Mark Reynolds on

When an officer issues a regular ticket (Part 1 of the Provincial Offences Act) he/she has 7 days to file it with the court. If it is not filed within that time, the ticket is null & void and if the officer wants to proceed with the charge it must be reissued under Part 3 of the Provincial offences Act. This would be a summons that would have a court date on it. If there is no information filed with the court the charge is null and void.
A part 1 ticket is the usual type of ticket issued for a traffic offence and it will have a fine written on it. A part 3 summons will not have a fine amount, but will have a court date.
I'm not sure which one your driver received but if you can supply more info I can better advise what will take place.


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grizz001
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Unread post by grizz001 on

HI Mark

Tanks for your reply.The ticket is part 1 with a total fine of 110.00. Charge under sec.141 (5) HTA issued on 09-08-290 10.50pm.
Still has not been filed with court.

Also no accident report completed to date.(How much time does the officer have to submit the accident report???)

The officer avised my driver that charges were pending against the other driver for improper lane change.There was also evidence that the other driver had been drinking but no samples were taken she was coming back fom a wedding.

Can you give me the link to provincial offences act re 7 days .I checked and can not find it.Maybto early for me lol.

Thank's for your help. Much appreciated
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Mark Reynolds
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Unread post by Mark Reynolds on

Section 4 of the Provincial Offences Act says that the Certificate (ticket) shall be filed in the office of the court as soon as is practicable after service of the offence notice or summons.

Regulation 200 of the POA, Rule #11 says The clerk of the court shall not accept for filing a certificate of offence more than seven days after the day on which the offence notice or summons was served unless the time is extended by the court.

There is no reason for the court to extend the time in this matter, unless there are unusual circumstances that I am unaware of.


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hwybear
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Unread post by hwybear on

Serving a ticket(s) or summon(s) on a person who is in the hospital is common.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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grizz001
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Unread post by grizz001 on

hwybear wrote:Serving a ticket(s) or summon(s) on a person who is in the hospital is common.
It is a sad day when one has to serve a person with life threatning injuries in intensive care.Wow just a matter of getting it done in my opinion wrong.
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Unread post by Squishy on

Just because they hurt themselves does not mean the law no longer applies.
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hwybear
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Unread post by hwybear on

most times the injured person is not from the area that the officer patrols. Once they are released from hospital they do not call the police to ask for a ticket.

The only other option is having another agency serve the person at their residence with a summons. The summons involves a lot of paperwork (stenos, swearing to informations, relaying summons, service of summons, swearing to summons, return of summons) The summons is mandatory court appearance, where a ticket is not.

The easist and most economical way for all is to serve the person a ticket at the hospital. The person does not have a mandatory court date. The ticket has a "set fine", where a summons can be much higher for the same offence.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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grizz001
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Unread post by grizz001 on

Squishy wrote:Just because they hurt themselves does not mean the law no longer applies.
The scarcasim not appreciated.He did not hurt himself.He was almost killed, lives in the same area the Police officer patrols.just could not wait a couple days wow what serve him before he dies is that what you are stating????
A traffic offence not murder.

Unfortunatly I can not comment on the full story in ref: to the officer.

I joined this forum for information non bias at that.Just wanted the opinion of some of the pro's.

Thank You
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Squishy
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Unread post by Squishy on

There was no sarcasm in my post. I'll rephrase: Just because he was hurt does not mean the law no longer applies.
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grizz001
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Unread post by grizz001 on

Squishy wrote:There was no sarcasm in my post. I'll rephrase: Just because he was hurt does not mean the law no longer applies.
Thanks for your reply.My point is not that the law no longer applies.A bit of descression in this case would have been waranted.The driver lives in this area and there would have been no problem with him being served after he recovered.Certainly had enough time.




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