Ticket Lifespan
It was an accident in every sense...it was the middle of the weekday and the kids were looking for a chip truck in durham region. No speeding or racing, they were distracted trying to find it in an unfamiliar town and swerved/clipped a car making a left turn into a plaza where there was no turning lane or intersection.
We, the parents, got there quick, apologies all around, my kid was obviously upset and at fault.
The officer told us that he had to place a careless driving charge, but told us to challenge it because it was obvious that the kids weren't engaging in anything untoward and didn't deserve that big of a point hit. He was very nice to us and spent a while with my daughter telling her that it was obviously an accident and that accidents happen. He was very reassuring and seemed pleased that we were all there and the kids were remorseful and accepting responsibility. He also insinuated that the person who was rear-ended was fine medically but was putting on a show.
I went to the courts within the week to arrange for a meeting with the prosecutor. At that time they hadn't received the officers version of the ticket, so my request was filed and they told me that they would call when the ticket arrived. I didn't hear anything so I followed up a month later and the office still hadn't received anything.
Next week will be the 1 year anniversary of the accident and I have not heard anything. I suspect the officer applied a little street justice and chose not to submit the ticket, but will never know for sure. Is there a best before date for these things? It is something I would like concluded so this can be put behind us.
Thanks for your help!
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Plenderzoosh
- Jr. Member
- Posts: 64
- Joined: Thu Apr 23, 2009 10:52 am
If your daughter was found guilty based on an error on the courts behalf I would assume you would have no problem appealing that and having the case reopened.
If however it's just taking them an extremely long time to schedule a trial then there are a few options you have. Since you haven't received a Notice of Trial yet chances are the trial if scheduled would be months down the road. If this is the case you can apply for a stay (no verdict is found and the trial stops) on the grounds for unreasonable delay. You should also file for disclosure to see the crown's evidence against your daughter. The whole process for applying for a stay and requesting disclosure can be found at http://www.ticketcombat.com/ this site goes into a fair bit more detail and is a good resource when it comes to fighting traffic tickets. I should also add that since this is a careless driving charge you may want to consider hiring a paralegal to represent your daughter as it is a major offense in the eyes of an insurance company and will see definite increases in insurance rates.
There are some thoughtful, sensitive cops out there after all.
7 daysBookm wrote:I'm willing to bet the cop felt so bad for your daughter he "accidentally" forgot to file the ticket with the court within the required 15 days
There are some thoughtful, sensitive cops out there after all.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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