Hi all, So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including the fact that the court room does not exist at this criminal court house, only at the provincial court house. Does anyone know if this get me off the charge completely?
Hi all,
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including the fact that the court room does not exist at this criminal court house, only at the provincial court house. Does anyone know if this get me off the charge completely?
Planning on leaving the country, I here Mexico is nice this time of the year and no extradition treaty.............. LOLZ How long do they have to re-serve me? If they can't find me, does that qualify for the ticket to be dropped?
Planning on leaving the country,
I here Mexico is nice this time of the year and no extradition treaty..............
LOLZ
slowpoke1980 wrote:
argyll wrote:
No, the charge still exists but the compelling to court part is flawed. They can just re-serve you.
How long do they have to re-serve me? If they can't find me, does that qualify for the ticket to be dropped?
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
I believe they have up to 6 months from date of offence to re-issue and re-serve a new ticket. If they can't find you, then can just mail it your last know address and that is considered served.
I believe they have up to 6 months from date of offence to re-issue and re-serve a new ticket. If they can't find you, then can just mail it your last know address and that is considered served.
....and spits his tea all over the keyboard laughing
....and spits his tea all over the keyboard laughing
argyll wrote:
Or someone could just move into the Ecuadorian Embassy.....
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
then I'm sure from other posters, they deal with you in absence and pretty soon your licence is cancelled
then I'm sure from other posters, they deal with you in absence and pretty soon your licence is cancelled
jsherk wrote:
I believe they have up to 6 months from date of offence to re-issue and re-serve a new ticket. If they can't find you, then can just mail it your last know address and that is considered served.
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
Sorry to revive an old thread. So here's the story. I got a paralegal, and they checked the docket at both court houses for my name. It wasn't on either of them. My paralegal asked if I could lay low for awhile and in 6 months if they can't re-serve me, the ticket is considered expunged. It's been about a month since the initial court date, and just this past week, my neighbor notified me that a plain clothed officer visited my home. My neighbor saw him and asked him why he was looking for me, however the officer told him that he didn't feel comfortable saying, and asked if I lived there. My neighbor answered yes, and he went on his way. I asked him how he knew, and he said he saw a badge on his belt, and the car he was driving was camouflaged. So, I'm a little concerned at the moment. Just because my paralegal showed me the docket and my name wasn't on the list, would the police put a warrant out for me? Also, how diligent are they on trying to re-serve people? And do they send officers from other districts to re-serve people?
Sorry to revive an old thread.
So here's the story. I got a paralegal, and they checked the docket at both court houses for my name. It wasn't on either of them. My paralegal asked if I could lay low for awhile and in 6 months if they can't re-serve me, the ticket is considered expunged.
It's been about a month since the initial court date, and just this past week, my neighbor notified me that a plain clothed officer visited my home. My neighbor saw him and asked him why he was looking for me, however the officer told him that he didn't feel comfortable saying, and asked if I lived there. My neighbor answered yes, and he went on his way. I asked him how he knew, and he said he saw a badge on his belt, and the car he was driving was camouflaged.
So, I'm a little concerned at the moment. Just because my paralegal showed me the docket and my name wasn't on the list, would the police put a warrant out for me? Also, how diligent are they on trying to re-serve people? And do they send officers from other districts to re-serve people?
If they feel that you are avoiding service they can apply for a warrant. The chance was they wouldn't bother trying to re-serve but if they are then it's not going to go away. It will have a task due date at the station and someone's supervisor is going to lean on them to get you served.
If they feel that you are avoiding service they can apply for a warrant. The chance was they wouldn't bother trying to re-serve but if they are then it's not going to go away. It will have a task due date at the station and someone's supervisor is going to lean on them to get you served.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Thanks for that answer. What qualifies as "avoiding" service? Just because I am not home when they are there, does that make it avoiding? Also, is it only a task for that particular station? Would it be better I call them up somehow and turn myself in?
argyll wrote:
If they feel that you are avoiding service they can apply for a warrant. The chance was they wouldn't bother trying to re-serve but if they are then it's not going to go away. It will have a task due date at the station and someone's supervisor is going to lean on them to get you served.
Thanks for that answer. What qualifies as "avoiding" service? Just because I am not home when they are there, does that make it avoiding? Also, is it only a task for that particular station? Would it be better I call them up somehow and turn myself in?
avoiding SERVICE WOULD BE IF YOU FAILED TO RETURN MESSAGES LEFT FOR YOU TO CALL THEM, DIDN'T ANSWER THE DOOR WHEN YOU WERE HOME, etc (oops hit caps lock - sorry).
avoiding SERVICE WOULD BE IF YOU FAILED TO RETURN MESSAGES LEFT FOR YOU TO CALL THEM, DIDN'T ANSWER THE DOOR WHEN YOU WERE HOME, etc (oops hit caps lock - sorry).
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
They can just mail you a copy of whatever they are trying to serve and it is conisdered served 7 days after they mail it. That said, there is no requirement for you to answer the door when the police show up (unless they have a search warrant to search your home). You do not have to open the door. And even if you do open the door, you do not have to talk to police, you do not have to answer any questions and you do not have to identify yourself. These are your CANADIAN CHARTER RIGHTS ... study them and know them! Don't believe me? See what these lawyers have to say about it: http://www.criminaltriallawyers.ca/?q=know-your-rights http://www.hosseinilaw.com/talking-to-the-police/
They can just mail you a copy of whatever they are trying to serve and it is conisdered served 7 days after they mail it.
That said, there is no requirement for you to answer the door when the police show up (unless they have a search warrant to search your home). You do not have to open the door. And even if you do open the door, you do not have to talk to police, you do not have to answer any questions and you do not have to identify yourself. These are your CANADIAN CHARTER RIGHTS ... study them and know them!
Don't believe me? See what these lawyers have to say about it:
If they can just "mail" it and consider it served, why then do they even bother showing up to my house? I asked this exact question to my paralegal and they said "It has to be personal service. If they cannot serve you within the 6 months from the date of the occurrence, the ticket is not valid." Those were their exact words. Where did you find the info about mailing and being considered served? I'm curious to know because I feel like a criminal right now.
jsherk wrote:
They can just mail you a copy of whatever they are trying to serve and it is conisdered served 7 days after they mail it.
If they can just "mail" it and consider it served, why then do they even bother showing up to my house? I asked this exact question to my paralegal and they said "It has to be personal service.
If they cannot serve you within the 6 months from the date of the occurrence, the ticket is not valid." Those were their exact words.
Where did you find the info about mailing and being considered served? I'm curious to know because I feel like a criminal right now.
It has to be personal service. They can mail suspension notices but not summonses. And yes, you can not open the door, or open it and refuse to identify yourself and then the police can get a warrant and deal with you at the time of likely greatest inconvenience and you will get zero leeway from police or Crown. Your choice.
It has to be personal service. They can mail suspension notices but not summonses.
And yes, you can not open the door, or open it and refuse to identify yourself and then the police can get a warrant and deal with you at the time of likely greatest inconvenience and you will get zero leeway from police or Crown. Your choice.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
First of all, when they are looking for you to serve you a summons is NOT the same thing as having a warrant out for your arrest so you should not worry too much. They just want to give you a ticket! As far as service is concerned, you are right, mailing does not count: A summons shall be served by a provincial offences officer by delivering it personally to the person to whom it is directed or if that person cannot conveniently be found, by leaving it for the person at the persons last known or usual place of abode with an inmate thereof who appears to be at least sixteen years of age.
First of all, when they are looking for you to serve you a summons is NOT the same thing as having a warrant out for your arrest so you should not worry too much. They just want to give you a ticket!
As far as service is concerned, you are right, mailing does not count:
A summons shall be served by a provincial offences officer by delivering it personally to the person to whom it is directed or if that person cannot conveniently be found, by leaving it for the person at the persons last known or usual place of abode with an inmate thereof who appears to be at least sixteen years of age.
But their attempts at service will become more robust the closer to the 6 months. This won't go away. Do you want a copper to turn up at your work with a ticket ?
But their attempts at service will become more robust the closer to the 6 months. This won't go away. Do you want a copper to turn up at your work with a ticket ?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Stunting is an arrestable offence, therefore, a warrant could be sought if the person cannot be served the summons...Section 24 of the Provincial Offences Act..in part: where the arrest is authorized by statute and where the allegations of the informant or the evidence satisfy the justice on reasonable and probable grounds that it is necessary in the public interest to do so, issue a warrant for the arrest of the defendant; I suppose I could be wrong but it seems to fit...
Stunting is an arrestable offence, therefore, a warrant could be sought if the person cannot be served the summons...Section 24 of the Provincial Offences Act..in part: where the arrest is authorized by statute and where the allegations of the informant or the evidence satisfy the justice on reasonable and probable grounds that it is necessary in the public interest to do so, issue a warrant for the arrest of the defendant; I suppose I could be wrong but it seems to fit...
It might be in your best interest to call Provincial Offences office and ask the status of the ticket. Then you will know for sure whether summons or warrant or whatever.
It might be in your best interest to call Provincial Offences office and ask the status of the ticket. Then you will know for sure whether summons or warrant or whatever.
It might be in your best interest to call Provincial Offences office and ask the status of the ticket. Then you will know for sure whether summons or warrant or whatever.
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
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…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
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?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.
Any suggestions on how to handle this? I can't afford to spend a day at the court 
