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Ontario Highway Traffic Act

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Trial will not be processed
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PostPosted: Fri Apr 25, 2008 5:04 pm 
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Joined: Sun Mar 02, 2008 11:27 pm
Posts: 6
Location: TORONTO, ONTARIO
After gettting a ticket, I went for the trial option. Then, I received a letter saying that the trial will not be processed because original certificate of offence was not recieved by Provincial Offences Office from the enforcement officer. Provincial offences act provides that the enforcement officer may re-serve the offence notice at a later date.

a). should i consider that this offence is over? if is this offence forgiven?

b). Does the enforcement officer has any time duration to send the original certificate to the provincial offences office?


c). After how long the provincial offences office will recheck, if they receive the original certificate of offence from the enforcement officer?

d). What if the provincial offences office does not receive the original certificate from the enforcement office at a later date? So will they forgive me the ticket charges or still i have to pay for the ticket?

e). What if the enforcement officer send a original certificate of offence to the provincial offences office during the certain time limite, then will i be receiving a letter with the trial date from provincial offences office?

[/b]


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PostPosted: Fri Apr 25, 2008 8:14 pm 
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Location: In YOUR rearview mirror!
Once the provincial offence notice is issued the officer has 7 days to have it submitted to the courts. If it is not submitted within that time frame the charge is not processed and to my understanding that is someone did pay, they would be re-imbursed as the process was not complete.

Sometimes offence notices are misplaced during the shift, or the officer got a priority call laid it on the seat and it fell below the seat.

The offence officer has up to 6 months to lay another offence notice on you, and would be served long form summons. That is not often done for common tickets, but if there is mitigating circumstances, such as a collision, the officer probably will be following up with the summons.

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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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PostPosted: Sun Apr 27, 2008 8:58 pm 
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Location: Stratford, Ontario
Is a JP likely to deny the Part III summons request if it is a simple offense with no secondary issues (such as an accident caused by the offense)?


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PostPosted: Mon Apr 28, 2008 5:06 am 
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I have never had a summons rejected from a JP.

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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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PostPosted: Mon Apr 28, 2008 12:16 pm 
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Location: TORONTO, ONTARIO
I was not involved in any accident. I was driving on left lane and I needed to take right turn. so, I crossed the speed limit to overtake a civil car which was driven by a police man on my right hand lane. He followed me and gave me a ticket. Ticket says "interfere with trafic". OHTA section is: 170 (12) Ist he wrote 175 (14) and then cut it and rewrote 170 (12)


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PostPosted: Mon Apr 28, 2008 3:35 pm 
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Location: Stratford, Ontario
Since 170(12) pertains to "parking" on a highway, it's possible he chose not to file it, knowing he wrote the wrong statute. I'd lay odds that you got lucky this time ;)


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