Officer did not file my ticket within 7 days
Hi,
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
Re: Officer did not file my ticket within 7 days
"Filing of certificate of offence
4. A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons. 2009, c. 33, Sched. 4, s. 1 (4)."
I don't know if that's an automatic dismissal though.
Re: Officer did not file my ticket within 7 days
The courts should have never filed it...I have never even heard of a late file getting a trial date set...are you sure that is the file date?
Re: Officer did not file my ticket within 7 days
The filing date will be stamped on the original Certificate of Offence that the officer filed with the court, not on your ticket.
When you show up for trial, you can go up to the clerk before the trial starts and ask them to show you the filing the date on the original.
If it is indeed 10 days after the ticket was issued, then you can ask the clerk why it got filed, and then you can tell the prosecutor as well before the trial starts. If the prosecutor wants to still have a trial, then when the trial starts you need to tell the Justice of the Peace right away that the Certificate of Offence was filed 10 days after the ticket was issued and Section 4 of the Provincial Offences Act says "A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons." and therefore the charge should be dropped.
Re: Officer did not file my ticket within 7 days
Ok.. Im actually not too sure.. the date i got my ticket was on Oct. 26 and then on my ticket theres a stamp that says "ONTARIO COURT OF JUSTICE FILED NOV. 5, 2015 #3"? is that the filing date?
Re: Officer did not file my ticket within 7 days
I'd follow jsherk's advice and check with the clerk
Re: Officer did not file my ticket within 7 days
You have 15 days to file YOUR copy of the ticket (called the Notice of Offence), otherwise you will just be automatically found guilty.
The officer has 7 days to file their original copy of the ticket (called the Certificate of Offence).
So what do you have with a date stamp on it? Your ticket (notice of offence) or the officers original (certificate of offence)? Or does it say SUMMONS at the top of your ticket in which case none of this applies.
Re: Officer did not file my ticket within 7 days
Ah, good catch jsherk. I'll bet that's it.
hey all im lifting my 03 f350 crew cab..
and ive called 3 different local police stations with NO HELP AT ALL...
im wondering...
is there bumper height laws?
headlight height laws?
what is a headlight?? ( like can i put any light at the proper level and it be legal?? or does it have to be a certain…
Hi!
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly…
Hello,
I'm hoping somebody can point me in the right direction to track down various radar gun error codes.
Way back in March of this year I was stopped for speeding, 86kmh in a 60 Community Safety Zone, on Mayfield Rd., on the outskirts of Brampton. (Aloa school)
The cop was using hand held radar,…
Hi everyone,
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a…
Hey guys I was hoping for some advice on my first ever ticket.
I just moved to the Aurora area and made a prohibited left turn between the prohibited hours. This is my very first ticket so I am unsure as to how to precede. I have already requested and received my court date and I assume the next…
heres the story
i am 25 with a G2 Drivers license. had a lot to drink saturday night. woke up the next morning and drove home around 1pm sunday. got pulled over for speeding, police officer smelled booze had me blow a breathalyzer. i blew 0.035 . he aloud my passenger to drive my truck home. he gave…
Hello Folks,
Well please confirm a couple of things.
1> Red Light Camera ticket is a "parking ticket" in essence, does not go on the record, so could just pay and forget.
2> Can early resolution, bring down the ticket fine, only reason would be excellent driving record, last 10 years. If…
Hi, last summer I was pulled over when I made a left turn from he middle lane at Harbor and Yonge Street (heading east on the Gardiner and taking the Yonge exit). I swear they nabbed about 10 people in 5 minutes. Anyways, I decided to challenge in court, my court date is in April and I have just…
The key ruling on fighting a seatbelt ticket is R. v. Kanda, 2008 and an example of it's application is R. v. Gupta, 2008.
In Kanda, the court established that this offence is a strict liability charge. In other words, you can offer a defence of due diligence. In Kanda the defendant explained the…
Last July I got pulled over for failure to obey stop sign at a T-intersection in my neighbourhood. After I got my trial date I requested disclosure in November. Sent in another request for disclosure in early January and in mid-January got a call to pick it up at the court office. The disclosure…
