Ran a red light and caused an accident

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jsherk
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Re: Ran a red light and caused an accident

Unread post by jsherk on

Well I would take the Notice of Fine and the Summons and go to the Clerk of the Courts office at the Provinvial Offences building and ask them what is going on.

Show them you have a summons and ask them why they sent you fine already.

Seems to me somebody just made a mistake.
+++ This is not legal advice, only my opinion +++


redmaple
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Unread post by redmaple on

Thanks Jshrek.

When I called their office lady told me that I need to go there and ask for re-opening. I will take all the papers with me to show that I never received any thing for that.


redmaple
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Unread post by redmaple on

Went to the court on Friday and told them that Officer never issued me any ticket and I had a summons scheduled on Dec 08. Today received email that

"Your application for a re-opening was granted. You will receive a Notice of Trial in the mail at the address provided on the Notice of Intention to Appear.

You may also view your case information by following the link below. If you have any questions/concerns, please contact our Call Centre at 416-338-7320."

I am still confused about ticket they are referring. Is it possible for the officer to send ticket by post?


jsherk
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Unread post by jsherk on

I would go to the clerks office and ask for a copy of both sides the original ticket (Certificate of Offence).

I would also verify whether you need to attend the Summons date that you got.

It is all very confusing to me since they issued you a summons so why was there a charge issued? Possibly it is for some other charge but you really need to get it all sorted at the clerks office as they are the ones that receive the tickets from the police and issue the court dates.

You need to go ask LOTS of questions until you understand. I have no idea why it happened the way it did so the clerk is the only one that can figure it out for you. Don't leave until you get the answers you want and understand completely.
+++ This is not legal advice, only my opinion +++


redmaple
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Unread post by redmaple on

Jshrek,

Finally I went to their office today and asked for copy of Original ticket and he told me that your case is gone for re-opening and you will get trial date in mail. He just gave me a printed copy of offence inquiry with all my details and offence date etc.

He told me that I should go on Dec 8 for my summons and tell JP that I am waiting for trial date for re-opening of my case. I clearly asked him that "Am I charged for anything other than red light stop" and he said it is for that -nothing else!

What I am not getting is- Office never gave me any ticket and I got summons after 3 weeks delivered by officer at my home. Is it some kind of mistake and will it be good for me? I wish and pray that there is some mistake ;)


jsherk
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Unread post by jsherk on

Okay well you sort of have it sorted out! I would make sure you take any paperwork you got from clerk with you on Dec 8 as it will all be very confusing.

The officer has 6 months to issue a ticket, and a summons is a common way to do that, so yes they can do that and there is nothing wrong with it.
+++ This is not legal advice, only my opinion +++


redmaple
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Unread post by redmaple on

Went to court for my summons. Prosecutor didn't ask me anything and when my name was called JP gave a trial date of Jan 26. Received disclosure copies by prosecutor at that time.

Only one driver has given witness statement. He is a Driver of the first car I hit. He stated that I ran a red light. It was raining and roads were wet at that time.

On the Collision Field Notes, under offence office has noted Red light fail to stop HTA 144(18) and on PON/FORM 104# 12345678 is crossed out and office has initials there. That number matches on the notice of fine and due date I received in November. Below the crossed number officer has written my summons number. Don't know why first was crossed out!

Now do not know what will happen on Jan 26 but I can forget about it till Jan 26!


jsherk
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Unread post by jsherk on

January 26 is your trial date so you should not forgot about it until then. You need to start preparing for your defense or finding a good lawyer to represent you. Waiting until the last minute will almost guarantee you lose.
+++ This is not legal advice, only my opinion +++


redmaple
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Unread post by redmaple on

I suppose that I have to just pray that either cop doesn't show up or witness driver. What other defence I have? Even if I hire some lawyer how is he going to help me?

I will post a request for interpreter as well as English is not my first language.


redmaple
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Unread post by redmaple on

Can I send a interpreter request by post or I need to go in person?


jsherk
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Unread post by jsherk on

I always send a fax as it is quick and easy. You scan your letter and upload it to a "send free fax" site.
+++ This is not legal advice, only my opinion +++


redmaple
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Unread post by redmaple on

Thanks Jshrek. I will send a fax to them.


redmaple
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Unread post by redmaple on

Went to court thinking that it was my trial date! No, they gave me new date in May. My insurance renews in April, so hopefully no conviction increase at that time;)

Why do they just drag things like this? It is good for me but just want it to be over for good.


jsherk
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Unread post by jsherk on

At your first summons date, if you say you will plead not guilty and want a trial then they will set a trial date. But if they just gave you disclosure, and you did not specifically ask JP for a trial date, then usually they will give you time to review the disclosure and then you have to come back and then they will ask you if you want plead guilty or if you plan to plead not guilty they will then set your trial date.

So most likely you did not specifically ask for trial date at first summons meeting so they did not set a trial date.
+++ This is not legal advice, only my opinion +++


redmaple
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Unread post by redmaple on

Yesterday received "Notice of Motion" for the "re-opened" case date to April 1 as the witness is not available on original date of April 20th. I have a specialist doctor's appointment on that date.

Can I object to the given date and ask them to set another date? What is the procedure for that?






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