Here's a pretty good blurb about it:
It will be easiest for you to just ignore the ticket though you run a small risk of the JP missing the error and you having to appeal.
Just a few more...
1. There is nothing in law or the rules of court that says its a contempt to ignore an offence notice, right?
2. In case the JP overlooks the fatal error and places a conviction, will that input and stay automatically in my driving record/history even though I win in the
appeal? Or, will the record show what transpired (eg convicted but appealed)?
3. Has there been an instance where, the judge in the appellate court remands the case for trial back to the JP's jurisdiction who rendered the conviction?
Once you are granted appeal successfully the conviction is erased.
Yes but not for fatal errors.
Taking the route of ignoring the ticket:
1. Once I ignore the ticket, and after 15 days from issuance of offence notice, will the conviction be entered on the 16th day?
2. Will I be notified of the conviction (mail)? Usually when can I expect it?
3. When will the fine imposed be usually due after conviction?
4. In case appeal is inevitable, is it something that I will need an expert to help me out with the process? Is there a link to refer
to for a step by step appeal process specifically applicable to convictions by non-dispute of charge (by ignoring the ticket)
based on fatal error?
Sorry, I should have asked about this question further earlier altogether... In case the JP decides to quash the proceedings due to certificate being not complete and regular on its face, do I get notified of said decision?
The courts have a generous grace period of ~30-days that gives defendants extra time especially if they're mailing in their tickets.
It's your responsibility to contact the court house to monitor the status of your ticket. You have 30 days from the date you're convicted to appeal it.
Thank you for your inputs. So the even if I just ignore the ticket and the JP examines the ticket and finds it incomplete and irregular on its face, he will still have the prosecutor amend the certificate? I'm trying to look at POA Sec 9.2.b which states
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 defendantÃƒÂ¢Ã‚â‚¬Ã‚â„¢s 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. 2009, c. 33, Sched. 4, s.
Are you referring to an instance where one request for a trial, showed up and moved to quash the proceedings? I am actually referring to the option of just ignoring the ticket because of offence stated unknown to law as earlier quoted from the ticket "SPEEDING KM/HR IN A KM/HR ZONE". I'd like to know that if the JP decides to quash the proceedings based on the above sec 9.2.b POA, will I be notified that the proceedings has been quashed (eg. by mail)?
If you're convicted, they may send you a letter with a 'Notice of Fine and Due Date'. If you fail to pay, you'll receive a letter from the MTO that your driver's license was suspended for non-payment.
It's in your best interest to exercise due diligence and contact the court house; this is maybe why choosing trial/early-resolution are better options, because you'll know the exact date a JP will have either quashed/convicted your ticket.
If it has been quashed they will tell you, at which point your case is over and you have won. When the quash a ticket they do not send out a written notice so the only way for you to find out is to call.
If they tell you it is still pending then thank them and hang up. Wait for another 15 days or so and then call back and check again.
If they tell you that a conviction has been entered against you then you will need to prepare your appeal. Although if this happens you will also get a notice of fine and due date in the mail.
Thank you everyone for the invaluable inputs.
- Similar Topics
Users browsing this forum: No registered users and 13 guests