wrong information on the NOTICE OF TRIAL

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sydavid
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wrong information on the NOTICE OF TRIAL

by: sydavid on
Tue Jul 12, 2011 8:03 pm

HI

I was charged with fail to report a accident. And I decide to request a trial. Today I receive the notice of trail. But I found some information is wrong.

On the ticket, it states that the accident was happened 4:30 Pm , 3rd April. But on the notice, it states that the accident happened was 4:30 AM, 3rd May. all other information are correct.

Here is the question.

Do I have the obligation to call the court and tell them the information is wrong?

If I do not tell them, wether this wrong information can bring anything good toward my defence?

thank you for your reading and opinion and sorry for my English.

have a wonderful day.








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Simon Borys
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by: Simon Borys on
Mon Jul 18, 2011 12:17 am

But you did receive the notice of trial, so how can you say that you didn't? Even if you actually didn't receive the notice, that is not grounds to have the charges stayed. That would just mean you would be convicted in abstentia for not showing up but you would have cause to have the case reopened so you could attend and have a trail.
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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Radar Identified
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by: Radar Identified on
Mon Jul 18, 2011 10:33 am

sydavid wrote:And then argue that I did not receive the notice of trail and ask the justice to stay the case?
If it were that easy, don't you think that everyone would be doing that already? Everyone could then walk in to court "I didn't receive a notice" and be let off. The Provincial Offences Act already has that covered, as Simon indicates. The onus is on you to make sure that you attend you trial, notice or not. If you do not receive a notice, it is your responsibility to get in touch with the courts to find out where/when you trial is. However, in your case, you DID receive a notice of trial, so if you tried to testify that you did not, you'd be committing an act of Perjury. Don't do that.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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ElectricMayhem
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by: ElectricMayhem on
Mon Jan 09, 2012 5:31 pm

What if the notice of trial is for a different offence than what one was charged with? I was charged with running studs contrary to some regulation of the HTA, and the notice of trial is for making a false statement to an officer. The charging document is valid and is for running studs.


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