Now another situation people...say you were turning off a roadway, and clipped a pedestrian who was walking on the sidewalk? Could you be charged under the HTA as you were leaving a roadway to a private property? Instead of like on this case leaving a private property onto a roadway. Thanks in…
Hello Folks,
I am at it again helping someone fight a ticket, this time in London. I have a few questions dealing with the disclosure request.
The prosecutors here seem to have gotten smart to the usual tactics. They now include a whole page (instead of the 2" tear-off slip) with one side for filling…
My wife had an auto accident back in May. It is gradually being dealt with by our insurance company ( by the broker actually). My question is about the legal power of the insurance code OAP1. Evidently this set of rules is the Ten Commandments for the insurance companies and the adjustors seem to…
Hey Guys,
I'm not sure if this is the correct section to post this... I'm a tractor trailer truck driver, and although i didn't get a ticket, Last week, I was involved in a conversation with my boss and fleet manager about removing snow off the top of the rig.
I found this article online, which…
So today I got my first speeding ticket from going 80 km/h in a 50 zone, reduced to 70. I have been in an accident before so my insurance rate is already pretty high, yet I don't really handle my own insurance as I am the secondary driver on my family car. I'm also 20 and still have my G2, which…
I was pulled over after making a U-TURN. and being charged for 4 tickets "1. DRIVE MOTOR VEHICLE, NO PERMIT CONTRARY TO THE HIGHWAY TRAFFIC ACT SECTION 7(1)(A); 2. UNSAFE TURNING LANE CHN-FL TO SIGNAL CONTRARY TO THE HWY TRAFFIC ACT SECTION 142(1); 3. RED LIGHT TRAFFIC ACT SECTION 144(18); 4.FAIL…
Hi all,
I received a stunt driving ticket earlier in the year (171 km/h in a 100 km/h zone) and attended my summons earlier this week, where I received the disclosure.
I set a meeting for an early resolution for this Friday (March 16th, 2018). Would any of you be able to help me review my disclosure…
Hi there,
I was curious if there is any way that demerit points can be reduced or taken off of one's record after the tickets have been paid. I know in Alberta one can take a 'safe driving course' after a certain amount of time with a clean record and get demerit points taken off. Is there any such…
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.
