Hi Forum members Wish some members can help my dilemma? I missed my early resolution meeting, I mixed the timings. My meeting was at 10:30 AM, somehow I had the calendar set to 12:30 PM and eventually realized I had the wrong timing. This was for a traffic ticket with 6 points Is there a way the justice of peace would consider the re-appeal ? Should I hire a lawyer at this point for the re-appeal ? This was just an honest mistake and my record has been clear of this Thanks, any advise will be appreciated MK
Hi Forum members
Wish some members can help my dilemma?
I missed my early resolution meeting, I mixed the timings. My meeting was at 10:30 AM, somehow I had the calendar set to 12:30 PM and eventually realized I had the wrong timing. This was for a traffic ticket with 6 points
Is there a way the justice of peace would consider the re-appeal ? Should I hire a lawyer at this point for the re-appeal ?
This was just an honest mistake and my record has been clear of this
If all you missed was an early resolution meeting than that is not that big a deal and you can probably handle it without the help of a paralegal. All you need to do is call the prosecutors office and reschedule the meeting. If they can't fit you in before your court date you will still have the opportunity to talk to the prosecutor on the day of your trial before the proceedings commence. If all you are looking to do is plea bargain to a lessor offence then you can probably do that yourself. If you are looking to fight the ticket out right then you might want to consider hiring a paralegal to argue your case for you in court. If you missed your actual court date then you have a bigger problem as you will have been convicted by default. If that happened then you will have to apply to a Justice of the Peace to have your case reopened. Reopening a case can be a bit of a complicated process so in that situation you would probably want to hire a paralegal to handle the process for you.
If all you missed was an early resolution meeting than that is not that big a deal and you can probably handle it without the help of a paralegal. All you need to do is call the prosecutors office and reschedule the meeting. If they can't fit you in before your court date you will still have the opportunity to talk to the prosecutor on the day of your trial before the proceedings commence. If all you are looking to do is plea bargain to a lessor offence then you can probably do that yourself. If you are looking to fight the ticket out right then you might want to consider hiring a paralegal to argue your case for you in court.
If you missed your actual court date then you have a bigger problem as you will have been convicted by default. If that happened then you will have to apply to a Justice of the Peace to have your case reopened. Reopening a case can be a bit of a complicated process so in that situation you would probably want to hire a paralegal to handle the process for you.
Thanks for your prompt response. I have only missed my early resolution meeting with a prosecutor and not an actual court trial date. Unfortunately, when I called the courthouse on the number provided, they told me missing an early resolution meeting is also tantamount to conviction. I even went to collect the appeal form in person and was told the same. This is the Ontario Provinces courthouse in Mississauga. So the status is that I am convicted. I am hoping that the justice of peace sees through that I am not a serial offender on the roads or in missing court dates and grants a re-opening. I am freaked out that they just might not see this small mistake as a big one. Any advise ?
daggx wrote:
If all you missed was an early resolution meeting than that is not that big a deal and you can probably handle it without the help of a paralegal. All you need to do is call the prosecutors office and reschedule the meeting. If they can't fit you in before your court date you will still have the opportunity to talk to the prosecutor on the day of your trial before the proceedings commence. If all you are looking to do is plea bargain to a lessor offence then you can probably do that yourself. If you are looking to fight the ticket out right then you might want to consider hiring a paralegal to argue your case for you in court.
If you missed your actual court date then you have a bigger problem as you will have been convicted by default. If that happened then you will have to apply to a Justice of the Peace to have your case reopened. Reopening a case can be a bit of a complicated process so in that situation you would probably want to hire a paralegal to handle the process for you.
Thanks for your prompt response. I have only missed my early resolution meeting with a prosecutor and not an actual court trial date. Unfortunately, when I called the courthouse on the number provided, they told me missing an early resolution meeting is also tantamount to conviction. I even went to collect the appeal form in person and was told the same. This is the Ontario Provinces courthouse in Mississauga. So the status is that I am convicted. I am hoping that the justice of peace sees through that I am not a serial offender on the roads or in missing court dates and grants a re-opening. I am freaked out that they just might not see this small mistake as a big one. Any advise ?
That is strange, there must be some kind of miscommunication going on between you and the court staff. As a matter of law you cannot be convicted simply for missing an early resolution meeting. The only answers I can think of are that either the court staff misunderstood what your were asking and thought you missed a court date when you in fact did not, or the date you missed was not an early resolution meeting but in fact a mandatory court appearance. Either way this is a mess and I would recommend getting a paralegal to help you sort it out so that you can get a fair hearing for your case.
That is strange, there must be some kind of miscommunication going on between you and the court staff. As a matter of law you cannot be convicted simply for missing an early resolution meeting. The only answers I can think of are that either the court staff misunderstood what your were asking and thought you missed a court date when you in fact did not, or the date you missed was not an early resolution meeting but in fact a mandatory court appearance. Either way this is a mess and I would recommend getting a paralegal to help you sort it out so that you can get a fair hearing for your case.
Sure you can. Provincial Offences Act s. 9. It means you're deemed not to dispute the charge. For failing to attend the meeting our ticket will likely be placed into a pile to be brought into court sometime in the near future for a conviction in abstential under s. 9. 9. (1) A defendant is deemed to not wish to dispute the charge where, (b) the defendant requested a meeting with the prosecutor in accordance with section 5.1 but did not attend the scheduled meeting with the prosecutor; or Action by justice (2) Where a defendant is deemed to not wish to dispute the charge, a justice shall examine the certificate of offence and shall, (a) where the certificate of offence is complete and regular on its face, enter a conviction in the defendants absence and without a hearing and impose the set fine for the offence; or (b) where the certificate of offence is not complete and regular on its face, quash the proceeding.
daggx wrote:
As a matter of law you cannot be convicted simply for missing an early resolution meeting.
Sure you can. Provincial Offences Act s. 9. It means you're deemed not to dispute the charge. For failing to attend the meeting our ticket will likely be placed into a pile to be brought into court sometime in the near future for a conviction in abstential under s. 9.
9. (1) A defendant is deemed to not wish to dispute the charge where,
(b) the defendant requested a meeting with the prosecutor in accordance with section 5.1 but did not attend the scheduled meeting with the prosecutor; or
Action by justice
(2) Where a defendant is deemed to not wish to dispute the charge, a justice shall examine the certificate of offence and shall,
(a) where the certificate of offence is complete and regular on its face, enter a conviction in the defendants absence and without a hearing and impose the set fine for the offence; or
(b) where the certificate of offence is not complete and regular on its face, quash the proceeding.
That's useful information Simon, Thanks. And so what are my options if I missed the Early Resoltion Meeting, and still intend on pleading guilty ? Thanks
That's useful information Simon, Thanks.
And so what are my options if I missed the Early Resoltion Meeting, and still intend on pleading guilty ?
You have to attend Court and request the matter be reopened. You only have 15 days from when you became aware of the conviction to do so. You also need to demonstrate that the reason you failed to attend was through no fault of your own. In other words it can't be that you simply forgot, it has to be something more akin to an unexpected emergency.
You have to attend Court and request the matter be reopened. You only have 15 days from when you became aware of the conviction to do so. You also need to demonstrate that the reason you failed to attend was through no fault of your own. In other words it can't be that you simply forgot, it has to be something more akin to an unexpected emergency.
Thanks. Just got back from court, they'll let me know tomorrow if they accept my re-open request. Appreciate all the help I got here.
Stanton wrote:
You have to attend Court and request the matter be reopened. You only have 15 days from when you became aware of the conviction to do so. You also need to demonstrate that the reason you failed to attend was through no fault of your own. In other words it can't be that you simply forgot, it has to be something more akin to an unexpected emergency.
Thanks. Just got back from court, they'll let me know tomorrow if they accept my re-open request.
So heres my case, does it have any validity? Im argueing that the officer did not have a justified view of where and if my car stopped or not, which it did.
This is the officers view of the stop sign i "disobeyed"
Another possible viewpoint, just so i can say that he cant see regardless
As you can see he cannot see the line where i must stop
As close are possible (which he wasnt) to the intersection,…
I need some help to settle a "Right of Way" argument. I know this question has probably been asked a thousand times before, but after doing a search, I was unable to find a posting on the forum, or the specific section in the OHTA relating to it.
Scenario:
Two cars approach an intersection where the east and westbound directions are controlled by stop signs, and the north and southbound…
I was pulled over for doing 123 in an 80 zone on highway 7 near Peterborough. The officer reduced it to 109 in an 80. It was HIGHLY unlikely that I was going 109, let alone 123, so for the merit of it I am taking this to court. Court case mid January.
Please could you help me to decipher the officer's notes. Are there any errors in the notes or on the ticket that you can see?
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
Was pulled over earlier today for going 95km/h in posted 60km/h, 2nd offense (same cop that pulled me over the first time >.<) ticket of $265. going down dougall toward cabana where it goes from the 80 to 60 zone (yes was over slightly coming in and kept speed)
Just wondering what the best way to handle this? (location: windsor ontario)
I am a bartender and last saturday night while I was working someone backed into my car (2000 Acura Integra) in the prking lot. One of the cooks in the kitchen ran to tell me my car alarm is going off. Immediately I ran outside to discover my driver side mirror smashed on the ground and my driver door dented. There was nobody around to claim responsibility. I had already begun to suspect one…
Scenario regarding speeding charge - if a charge is not reduced at all at roadside, i.e. the charge, for example is "speeding 75 km/h in a 60 km/h zone contrary to s. 128," should that not mean the prosecution needs to prove that you are guilty of what you are being charged with, and not, simply, of speeding generally? I understand that if they prove a charge of even 61 km/h in a 60 km/h, they…
In a nutshell, in York Region, ran a stale yellow, cop was on a 407 off ramp and tickets me for red light. 2 week old pink slip, I forgot I put the new behind the expired one so I got a ticket for that as well.
Had the first court date adjourned because I did not receive disclosure. I used the Ticketcombat template and faxed it over, they told me I never left a phone number. No surprise there, I…
Was stopped in an OPP speed trap on eastbound QEW near Hamilton at 1:30 AM last week (Apr 25th). Officer said I was doing 131 km/h based on radar gun but I thought I was around 120 km/h (I let off the gas and looked at my speedo when I saw the 2 cars on the shoulder). It was a dark stretch and it was not busy but there were a few other cars on the highway. I asked to see the reading but they said…
1) Discovery info includes 3 pages of Genesis radar manual. Officer's notes show he used "Atlantic Laser" to measure speed. Didn't show model # (only s/n). The Genesis was used earlier on in the day, but not for my case. Can I grill him on this or is it simply a clerk's error in sending me the wrong manual?
I got a ticket for an expired licence sticker. The next day I went to the Ministry office to renew my sticker. I thought that I HAD to pay any outstanding tickets BEFORE I was eligible to renew my sticker. The lady at the desk informed me that I had an outstanding balance and 407 bill that I had a to pay and I told her that I was aware of that. I thought everything was cleared.
Last week I was driving though downtown and because of the slippery / wet conditions could not stop when the light was turning yellow to red and slid in to the intersection. I was hit by another car (near the headlamp). None of us were injured, there was significat damge to the cars. The air bags did not deploy.
I was given a ticket that reads : Red Light - fail to stop - H.T.A sect 144 (18) Fine…
I was just wondering if there was any text in the HTA that suggests that when driving on a highway with three lanes going in each direction, drivers should generally always be in the rightmost lane unless they are passing.
At first, I thought 154(b) was what I was looking for, but now I'm not so sure?
"Officials in West Vancouver, Canada apparently aren't satisfied with the driver-slowing properties of traditional speed bumps. Yesterday, the town unveiled a new way to entice motorists to ease off the gas pedal in the vicinity of the ÃÂcole Pauline Johnson Elementary School: A 2-D image of a child playing, creating the illusion that…
Does anybody know how you can check the status of your Demerit Points and how many you have collected over the last two years?
I just received a ticket as I was travelling through Barrie and am debating whether or not to fight it. My decision will be based on whether or not an infraction I received a year ago came with Demerit Points.
I have a question I would like to ask concerning turning right on a red light.
I was approaching on the right turn only lane to the traffic light which turned from amber to red. As soon as the red light came on, there were advance green left turn arrow for the intersection I was for the cars that were traveling right to left and left to right of me. Since there was a lot of traffic from where I…
So I got pulled over for speeding and following too close, on HWY 11 north of Barrie. The airplane caught me! I will fight this as I have fought ALL my tickets and won EVERY ONE of them (one per year... man I need to drive slower). So any thoughts out there on how to fight this one? Does the Crown have to bring the 2 officers in the plane, plus the one in the cruises to court? If 1 in 3 doesn't…
I am new to this forum and before making this post I did some digging and was unable to find anything on this method of officer note taking.
A little back ground of my case:
charged with 25km/h over the posted limit.
After numerous disclosure requests, finally received a detailed disclosure including several pages of the lidar manual and typed officer notes describing the events of my…
My wife was just pulled over for running a yellow light and instead was ticketed for an expired drivers licence. The license expired on her birthdate 4 months ago and she didn;t recieve a renewal. $325 !!!!!!
Hope someone can help. She was ticketed under HTA 32 (1) with the offense shown as
"Drive Motor Vehicle no license"
Can anyone tell me if this is worth the effort to get a reduction in the…
So I got pulled over for supposedly for running a stop sign. The problem is that I did a complete stop, waited a split second and started again. And yes I did stop behind the white line.
He took my information and went back to his car to write me up a ticket, came back and gave me my fine and explained to me the process. He gave me a reduced fine (65$ and ne points).
Someone has an accident in a car worth very little on highway 401 but the car is not drivable (but not in terrible shape), there is a police report filed right away in which no other cars were involved, however the car did strike a guardrail. Is it possible to handle this without involving insurance? Or is a forgone conclusion insurance will be notified by the police?
I made a minor mistake on my disclosure request - I put a "Request Date" of September 10, 2014 instead of 2015. The rest of the form is correct including offense date, fax date, trial date.
Will this affect my disclosure? Do I need to clear it up?
Also, I noticed the Ticket Combat disclosure form has a lot more information than what was posted in on this site. Is it OK to send a second…
Thanks for the correction.
