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?
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* 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.
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