Hi, I was recently charged with a speeding ticket and driving with a suspended license. I was given the tickets on Feb 3rd and have since hired a paralegal. The paralegal asked when my court/summons date was. I cannot seem to find my tickets so I called the court and gave them my driver's license to confirm my court date. They said that they have not received anything yet. It has been 18 days since I was given the ticket. Does this mean that the there is no case since it has been over 7 days? Thanks
Hi,
I was recently charged with a speeding ticket and driving with a suspended license. I was given the tickets on Feb 3rd and have since hired a paralegal. The paralegal asked when my court/summons date was. I cannot seem to find my tickets so I called the court and gave them my driver's license to confirm my court date. They said that they have not received anything yet. It has been 18 days since I was given the ticket. Does this mean that the there is no case since it has been over 7 days?
Drive while suspended is a Part 3 offence, so the 7 day deadline you are likely referring to is the one that applies to Part 1 offences. In Part 3 offences, the Crown has 6 months from the date of the offence to commence proceedings against you. If you were given a summons at the road side telling you when to attend court, the officer STILL has to get the 'information' sworn before a judge or justice of the peace for the proceedings to commence. The judge/JP is always able to refuse the case for the information and the case never even proceeds (though that is very rare). Other times, they will charge a person 'after the fact' whereby the information is sworn and THEN it is served on the defendant at a later date. Check your paper work to see how they are proceeding against you. Most likely you will see its via Part 3 of the Act, which is a VERY different game altogether. Your paralegal should have been able to decipher this for you---if they can't, run! By the way, don't forget to understand the rules for POA offences set out as a regulation under the Courts of Justice Act. See Reg. 200 for more insight on what forms the officers must use.
Drive while suspended is a Part 3 offence, so the 7 day deadline you are likely referring to is the one that applies to Part 1 offences. In Part 3 offences, the Crown has 6 months from the date of the offence to commence proceedings against you. If you were given a summons at the road side telling you when to attend court, the officer STILL has to get the 'information' sworn before a judge or justice of the peace for the proceedings to commence. The judge/JP is always able to refuse the case for the information and the case never even proceeds (though that is very rare). Other times, they will charge a person 'after the fact' whereby the information is sworn and THEN it is served on the defendant at a later date. Check your paper work to see how they are proceeding against you. Most likely you will see its via Part 3 of the Act, which is a VERY different game altogether. Your paralegal should have been able to decipher this for you---if they can't, run!
By the way, don't forget to understand the rules for POA offences set out as a regulation under the Courts of Justice Act. See Reg. 200 for more insight on what forms the officers must use.
The only paper work I was given was the two Summons to Defendant yellow tickets. I was able to find the ticket with the date on it. However, the fact that the court has not received anything makes me think that the officer did not speak to a judge or JP meaning that there is no case? The yellow ticket says under Section 22 of the provincial offences act.
The only paper work I was given was the two Summons to Defendant yellow tickets. I was able to find the ticket with the date on it. However, the fact that the court has not received anything makes me think that the officer did not speak to a judge or JP meaning that there is no case? The yellow ticket says under Section 22 of the provincial offences act.
Remember, the 7 day rule does not apply to Part 3 offences. You were given a s.22 summons which confirms they are proceeding via Part 3. The fact its not in the court system yet does not mean there is no case; it just means the information has either not been sworn yet or it hasn't been entered in to the system yet. You MUST attend court on the day you were summoned to appear. They can swear the information on that very day so don't be under any artificial deadline illusions using Part 1 interpretations.
Remember, the 7 day rule does not apply to Part 3 offences. You were given a s.22 summons which confirms they are proceeding via Part 3. The fact its not in the court system yet does not mean there is no case; it just means the information has either not been sworn yet or it hasn't been entered in to the system yet. You MUST attend court on the day you were summoned to appear. They can swear the information on that very day so don't be under any artificial deadline illusions using Part 1 interpretations.
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
On June 10, 2017, I was pulled over by an OPP on the 403 heading WB and told I registered 136km/hr. I kept chit chat to a minimum and took my ticket and went on with my day. I later requested my disclosure and did not receive it until a week before my Oct. 27 court date, and so I had my date…
Anyone know any more information? Apparently kathleen wynne mentioned trying to introduce legislation after more than 20 years of no speed cameras. My guess is that it wont happen, since they've tried before many times to bring it back after it was abolished.
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I posted this in the 3 Demerit Section and haven't received any
responses.
I received a failure to stop at an amber light ticket on April 17, 2009. At my First Attendance Meeting I asked to read the police officer's notes and remember thinking how ridiculous they were and the difficulty…
I was on the right side of the road going straight when a pedestrian waved down the taxi driver in the lane next to me. He pulled over to the right without any notice or signalling and hit me with the side of his car.
There were many witnesses but I immediately had a concussion and did not think of…
My mother was driving EB on a 4 lane street (2 lanes EB, 2 lanes WB).
She was in the left hand lane and started a left hand turn so as to enter a side street, crossing WB traffic. There was NO intersection. She hit a cyclist who was heading WB. Police where called but none showed up. My…
If the speed limit is 50, and you do 100+, not only do you get 6 points. Your car gets impounded for a week, and your license suspended for 7 days, along with a hefty fine of at least $2000. The penalty is actually the same as for racing. The law came in effect on October 1, 2007. Remember -…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural…
