Hi, I was given a ticket on May 11th, 2011...and I know that I have 15 calendar days to go to court and give my "Notice of Intent to Appear for Trial". I am, however, out of town and won't be back until May 30th. This is a gap of 19 days. Has this happened to anyone? and do you know if the courts allow a leeway time period to account for human error and tardiness? Please advise me. Ever since I found out, I have been terrified. This is a very silly ticket that I can easily fight, so I would like to do anything and everything possible to NOT have it stick to my record for 3 years. Thank you!
Hi,
I was given a ticket on May 11th, 2011...and I know that I have 15 calendar days to go to court and give my "Notice of Intent to Appear for Trial". I am, however, out of town and won't be back until May 30th. This is a gap of 19 days.
Has this happened to anyone? and do you know if the courts allow a leeway time period to account for human error and tardiness?
Please advise me. Ever since I found out, I have been terrified. This is a very silly ticket that I can easily fight, so I would like to do anything and everything possible to NOT have it stick to my record for 3 years.
You can try filing it when you return, however the courts may not accept it, in which case a conviction is automatically registered against you. In that case, you simply go and pay your fine, and then you'll have it on your record for 3 years. You could try to re-open the case after you get your notice of conviction, but there's no guarantee that will work. Many JPs will not allow it. (FYI - if you fail to pay the fine promptly after receiving your notice of conviction, your licence will be automatically suspended.) If they do accept it after the 15-day period, count yourself as lucky and start going through the motions...
You can try filing it when you return, however the courts may not accept it, in which case a conviction is automatically registered against you. In that case, you simply go and pay your fine, and then you'll have it on your record for 3 years. You could try to re-open the case after you get your notice of conviction, but there's no guarantee that will work. Many JPs will not allow it. (FYI - if you fail to pay the fine promptly after receiving your notice of conviction, your licence will be automatically suspended.)
If they do accept it after the 15-day period, count yourself as lucky and start going through the motions...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
45 days is a benchmark (and usually what they go by), however there is no guarantee that after 15 days the court will accept the ticket.
45 days is a benchmark (and usually what they go by), however there is no guarantee that after 15 days the court will accept the ticket.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
The 45 day benchmark (which varies form jurisdiction to jurisdiction) is the amount of days before the clerks will send that ticket to the prosecutor to put on the docket and attempt to get a s. 9.1 conviction in abstentia. Before that happens the ticket is still technically open, awaiting your reply. But since the POA says that you only have 15 days to file notice, there's no obligation on the court clerks to accept your filing notice after that 15 day period. That being said, if they were to refuse and you were convicted, you could probably have it reopened on the grounds that you were reasonably unable to get it filed in that period (if that's actually the case). Clerks usually are aware of this so they often will just accept your late filing...as long as it's within a reasonable period of time. At least that's been my experience.
The 45 day benchmark (which varies form jurisdiction to jurisdiction) is the amount of days before the clerks will send that ticket to the prosecutor to put on the docket and attempt to get a s. 9.1 conviction in abstentia. Before that happens the ticket is still technically open, awaiting your reply. But since the POA says that you only have 15 days to file notice, there's no obligation on the court clerks to accept your filing notice after that 15 day period. That being said, if they were to refuse and you were convicted, you could probably have it reopened on the grounds that you were reasonably unable to get it filed in that period (if that's actually the case). Clerks usually are aware of this so they often will just accept your late filing...as long as it's within a reasonable period of time. At least that's been my experience.
and it should be cut and dry......one knows if they are going to challenge it or not ...15 days is more than plenty of time.....courts should stick with the 15 days, after that too bad
and it should be cut and dry......one knows if they are going to challenge it or not ...15 days is more than plenty of time.....courts should stick with the 15 days, after that too bad
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
The fact that you are out of town does not help you. You could have paid your ticket online or mailed a cheque. You will be charged late fees and may be required to appear in court. Call the number on the back of the ticket to find out how much the fees due are and make the payment immediately.
The fact that you are out of town does not help you. You could have paid your ticket online or mailed a cheque. You will be charged late fees and may be required to appear in court. Call the number on the back of the ticket to find out how much the fees due are and make the payment immediately.
It states 15-days directly on the back of the ticket with 3 choices: 1) Plead guilty and pay fine 2) Plead guilty with explanation (usually goes to court to reduce charge/cost) or 3) Plead not guilty and go to court. I don't know where anyone is getting this "45-days" thing. It's 15-days.
Vinny wrote:
I thought that you really had 45 days even though the ticket says 15...A cop told me this once. I hope it's true!
It states 15-days directly on the back of the ticket with 3 choices: 1) Plead guilty and pay fine 2) Plead guilty with explanation (usually goes to court to reduce charge/cost) or 3) Plead not guilty and go to court.
I don't know where anyone is getting this "45-days" thing. It's 15-days.
No one is disputing what it says on the back of the ticket but, as I said, a ticket is not put into court to ask for a s. 9.1 conviction right after the 15th day.
No one is disputing what it says on the back of the ticket but, as I said, a ticket is not put into court to ask for a s. 9.1 conviction right after the 15th day.
I was stopped for allegedly doing 122 in a 90. I requested disclosure and like most received the minimum. The notes are just a photo copy with no explanations or typing. Only received parts of the manual that pertain to testing. Appears the officer was using a "Laser Atlanta Speed Laser", but no model or serial number is referenced in the notes. Testing is noted in two times written at the…
Hey guys, wanted to know if anyone has had a similar situation, and if you have any advice:
I was travelling E/B on Dundas St and had a green light to turn S/B on Spadina Ave. There's a no right on red sign, I observed it. I initiated my maneuver, slowly pulling my car into position to make the turn. This intersection is super busy, and there was a group of pedestrians who were painfully slowly…
This is the first traffic ticket that i have ever had, and i was wondering if someone could shoot me some of their advice as to how i could go about the case?
It was a red light, i approached the intersection and stopped, noticed two pedestrians on the right of me, and one officer on left and right of my vehicle, on the cross walks. They were pay duty for construction happening. I was waiting for…
I thank you in advance for the opportunity to share my concern here with you and also ask for help . I have a portfolio for 21 years, 16 years in class A / Z and with my Abastract / CVOR record both clean. I was stopped by an OPP on HWY 6 towards Tobermory, On just because I was above the allowed highway limit. According to the policeman, he told me that I reached 130km / h in an…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I was going southbound on 427 and exited at Queensway (Toronto). I needed to make a right turn and it is no right turn on red. So I stop on red light. There were 3 cars in front of me. I get the green arrow pointing right. So the cars turn right and when I was turning the green arrows just turned off. There was no amber. It just turned off. So I get pulled over…
Back on august 28th around 7 40 in the morning I got pulled over by a cop in a car that was not legally registered for the road yet, Stupid as it was i was literally just taking it for a drive on my street because it was sitting for so long My street is a residential street so i didn't think i cop would be turning on it anytime soon. But of course i got unlucky. He got me gave me 3 tickets. By…
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got pulled over for disobey the "No Heavy truck" sign, on the ticket it say Highway traffic act Section 182(2), but I think I didn't disobey the "No Heavy Truck" sign, because my truck was loaded with delivery items(which at the time it was under 5 tonnes), I didn't request for disclosure, the cop that pulled me over didn't even check my truck to see if it is over 5 tonnes.
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
This morning I came downstairs to see my car with a ticket on it for $150 for parking in a fire route. The underground parking is under construction and we cannot park there so the tenates have to park either in visitors or adjacent streets. I have been parking in the same spot for a week and nothing was said to me until I found the ticket Sunday morning. I looked at every other car parked where…
Just bought my 1st GPS. Pretty decent little outfit. Have used it on a couple of short trips and got me to the destintation properly.
I have taken it to work recently and it is not as accurate as I first had hoped. The calculation of my vehicle speed is off by 2km/hr (GPS reads high). When stationary in many locations, it does not place me exactly where I am parked. On 2 different times it…
HI! So my husband was driving home at 2 am and blew out his back passenger tire which caused him to hit a parked car, he did quite a bit of damage to the car , there was no one around , and he did not have any paper to leave a note, also because it was a very old 1980 car and my husband assumed the damage was less than 1000,00 dollars and he left and did not report it until the next day. A week…
Issued in a news release by Toronto Police Traffic Services Sergeant Tim Burrows, these were the top 10 peeves of drivers in an on-line survey by the Toronto Police:
10. Slow drivers
9. Slower-moving drivers who pull into your lane when you're going faster
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.
The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can probably guess he intended to write an 8 but that is not what is there it is an incomplete 8 and…
Quick run down of my situation: My liscence was suspended in early September for a DUI. Got caught driving last weekend on the 401. Officer claimed I was pulled over because she figured I was speeding and I looked suspicious because I was looking around in the car too much. She searched the entire car looking for weed - none was found. I was charged with driving while under suspension.
I wasn't quiet sure where this should go, so I am going to try here.
I am 25 years old, and I have had my G2 license since March 2010. I haven't upgraded to my full G only out of not really having the time nor cash to do it as of yet. In early February of this year I was pulled over by an OPP at a RIDE program and blew a 0.031 BAC. I was unaware at the time that I was supposed to have a BAC…
I was involved in an accident last month. I was proceeding along a street with cars parked adjacent to the curb. Approaching an intersection I saw a large truck and trailer parked against the curb (no brake lights, or turn signals) so I presumed he was parked there. I approached the intersection, following the same path as all the other traffic, just to the right of the centre line. When I…
I have received 2 pieces of paper on the door of my home within the last week. Looks like I am being summons to witness for an accident where the other driver was at fault last year. (He hit me and was charged at the scene).
I'm just wondering if anyone knows how many attempts they will make to serve me, or if they will keep trying until they do ?
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
Highway 21 is often closed in the winter. I and a lot of other people need to cross Highway 21 to get to work. Several people have told me that if a highway is closed, it's not only illegal to drive along the highway, but to cross it on any intersecting road, because while you cross it you're technically driving on a closed road.
Hi all, I was ticketed for this offense while on a bicycle where I "turned left" at a red light without first coming to a complete stop at the red light. It was a T-intersection where I was facing the straight through lanes (4 lanes, two in each direction) and a side street came in from the right only (2 lanes, one in each direction), and no vehicles or pedestrians were entering from the right at…
In early March I was driving in the Yonge & Churchil area. An officer said I failed to stop at a stop sign and ticketed me 110+3 demerits. While getting my license etc. I have multiple photocopy of my car ownership in my car, and that I thought I handed him the copy with the validation sticker on the back as required but gave him one of the blank copies by accident. He came back with…
More than 15 days since I was issued ticket
