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Ontario Highway Traffic Act

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Missed court date by accident, please help
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PostPosted: Thu Mar 10, 2011 5:12 pm 
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Joined: Sat Oct 24, 2009 11:42 am
Posts: 10
Location: Maple, vaughan, ontario
Hey everyone,
I have fought a few tickets (mine and my families and friends) and been succesful in getting tickets dropped with just asking for a disclosure. I had one last ticket to fight this month on the 2nd but i thought it was on the 14th. I really messed up but this season i have become so tied up with work, school, work soccer team and volunteering.I sent my disclosure request by fax a couple months ago with the court date set for the 14th. Anyways, i really want to win this last ticket i have from a year ago so my record can become clean asap. How do i go about brining this case back to court. I know there must be a way, please help me. By the way the tickets were speeding 64 in a 50 zone and failure to show insurance card.
thank you in advanced,
-Hector


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Re: Missed court date by accident, please help
PostPosted: Thu Mar 10, 2011 7:05 pm 
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You can file an appeal of the ticket and indicate the reason why you're doing so (i.e. missed the date). I don't know if that will be accepted as a reason to reopen the ticket, but I believe that's how you'd go about doing it. You can ask at the courthouse for the form to appeal.

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Re: Missed court date by accident, please help
PostPosted: Thu Mar 10, 2011 7:16 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
You'd need to file a request for the JP to strike your earlier conviction and reopen the matter. I believe you only have 15 days from the date of conviction to do so. And as Simon mentioned, you'll need to explain why you couldn't attend. Valid reasons are you were never served notice of circumstances beyond your control. The fact that you simply forgot probably means your request will be denied.


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Re: Missed court date by accident, please help
PostPosted: Thu Mar 10, 2011 8:51 pm 
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Stanton wrote:
I believe you only have 15 days from the date of conviction to do so.


30 days actually - s. 135(2) POA

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Re: Missed court date by accident, please help
PostPosted: Fri Mar 11, 2011 12:29 am 
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Joined: Sat Oct 24, 2009 11:42 am
Posts: 10
Location: Maple, vaughan, ontario
ah yes thanks so much guys, but what does "I was never served notice of circumstances beyond my control" mean. Could you give me an example please.


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Re: Missed court date by accident, please help
PostPosted: Fri Mar 11, 2011 9:44 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
sk8er938 wrote:
ah yes thanks so much guys, but what does "I was never served notice of circumstances beyond my control" mean. Could you give me an example please.


Sorry, typo. Should have read never served notice OR circumstances beyond your control.

First means you were never notified of your trial and weren't aware of it (not the case).

Second would be something like you were in an accident or quite ill and unable to attend Court that day.

If you only have 30 days to reopen the matter hower, you're probably out of time.


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