Search found 12 matches

by ilike
Thu Mar 10, 2016 7:30 am
Forum: General Talk
Topic: Police officer didn't show up and JP rescheduled the trial
Replies: 9
Views: 2974

Re: Police officer didn't show up and JP rescheduled the tri

Thanks, argyll

Now I guess my question is what are the odds the police officer shows up in the re-scheduled trial next month :lol:
argyll wrote:Illness is a valid reason. Same goes for the defendant: if you're ill, you get an adjournment, if you just don't turn up you get a judgement against you.
by ilike
Thu Mar 10, 2016 7:29 am
Forum: General Talk
Topic: Police officer didn't show up and JP rescheduled the trial
Replies: 9
Views: 2974

Re: Police officer didn't show up and JP rescheduled the tri

Thank you, jsherk Yes, I did appeal and told the JP that it's hard to take another time off from the workplace. One of the people at the trial with me even brought his witness but the JP just re-scheduled his, too. Is there any minimum duration for an 11b application, such as a year? Thanks! Did you OBJECT when the JP wanted to reschedule the trial? This may not always work, but it shows up on the court transcript that you wanted to proceed and you objected to a new date. Too many people just agree without objecting. When they count the days for an 11b they substract any time that was caused b...
by ilike
Tue Mar 08, 2016 7:27 am
Forum: General Talk
Topic: Police officer didn't show up and JP rescheduled the trial
Replies: 9
Views: 2974

Re: Police officer didn't show up and JP rescheduled the tri

The reason for the officer's absence was illness. Interestingly, three cases including mine had the same reason :mrgreen: - I got the ticket early April, 2015 - Trial was scheduled for early December, 2015 - I requested change in the trial date as I was not able to take time off from the work - New trial date was set to early March, 2016, where I attended but the police officer didn't show up - JP set a new trial date, mid April 2016 Is the case eligible for an 11b application even with the fact that there's ~3 months of delay requested by me? Do I apply for an 11b before the new trial or I ju...
by ilike
Mon Mar 07, 2016 1:55 pm
Forum: General Talk
Topic: Police officer didn't show up and JP rescheduled the trial
Replies: 9
Views: 2974

Police officer didn't show up and JP rescheduled the trial

Hi,

Police officer didn't show up so I thought the tickets I got would be withdrawn. However, the JP said the trial needs to be rescheduled; now I need to take another day off to attend. Many people at the court with me also appealed but their trials were rescheduled, too. Is this common practice? If police officer doesn't show up again, would it be rescheduled again? Or, is it all depends on JP's call? Thanks!
by ilike
Mon Apr 27, 2015 1:37 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Multiple tickets including Red Light - Fail to Stop
Replies: 14
Views: 3076

Re: Multiple tickets including Red Light - Fail to Stop

If you want to resolve this with the prosecutor, you can ask to have the red light charge dropped down to: HTA 144 (10) : Obeying lane lights (10) Every driver shall obey every traffic control signal that applies to the lane that he or she is in. R.S.O. 1990, c. H.8, s. 144 (10) http://www.ontario.ca/laws/statute/90h08#BK221 It carries a set fine of $85.00 and no demerit points. http://www.ontariocourts.ca/ocj/how-do-i/set-fines/set-fines-i/schedule-43/ The prosecutor will very likely drop the document related charges at this time. Thank you, ancientlyre I guess this would be a best scenario ...
by ilike
Fri Apr 24, 2015 8:34 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Multiple tickets including Red Light - Fail to Stop
Replies: 14
Views: 3076

Re: Multiple tickets including Red Light - Fail to Stop

In the absence of the officer the prosecutor will often simply withdraw the charges, since his main witness isn't there to testify. However, in some cases they will try to get an adjournment and reschedule for another date. Thanks, daggx From all the advice so far, I think I'll go with Option 2 for the documents tickets, see what prosecutor would say/offer. If the offer sounds reasonable, then I pay whatever lesser fine and go to a trial for the red light ticket. Worst case, I'll just bring all three to a trial. Can I still go to a trial if early resolution meeting outcome is unsatisfactory, ...
by ilike
Thu Apr 23, 2015 8:25 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Multiple tickets including Red Light - Fail to Stop
Replies: 14
Views: 3076

Re: Multiple tickets including Red Light - Fail to Stop

Prosecutors know all the charges you are facing and have your entire driver's abstract. That's how they file things---all charges from one set of facts for a defendant are placed in the same envelope/folder. It keeps everything tidy and all correspondence and filings are kept together. Its also easier to schedule officers for court. So, you have virtually no likelihood of passing one over on them by thinking you'll be able to 'partially' deal. As all others have already told you, they will deal with your charges in the aggregate. So, if you are going to trial on the red light offence, they wo...
by ilike
Wed Apr 22, 2015 5:28 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Multiple tickets including Red Light - Fail to Stop
Replies: 14
Views: 3076

Re: Multiple tickets including Red Light - Fail to Stop

Yes, that's why I'd like to take Option 2 for the first two doc-related tickets and hope them dropped at a meeting with a prosecutor. Then, I'd only have the red light ticket at a trial. The whole idea of them dropping maybe one of the the lesser charges is so there's no trial. If you're going to go to trial anyways, what's the point? They might as well just get a conviction on all three as there's going to be a trial anyways. They are going to use the the charges against each other to see if you'll accept a reduced conviction. Thanks, bend. So, does that mean a prosecutor would be well aware...
by ilike
Wed Apr 22, 2015 3:34 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Multiple tickets including Red Light - Fail to Stop
Replies: 14
Views: 3076

Re: Multiple tickets including Red Light - Fail to Stop

There is no incentive for the Crown to withdraw the first two charges if you plan on going to trial on the third, hence they all get dealt with together. You'll either work out a plea deal on all three or go to trial on all three. Unfortunately unlike the red light ticket, there's not much to fight the ownership/licence tickets on. Even though you might disagree with the red light ticket, it might be in your best interest to work out a plea deal on all three charges. Remember that ANY conviction counts against you with insurance, so you don't want to risk having two convictions on your record...
by ilike
Wed Apr 22, 2015 12:16 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Multiple tickets including Red Light - Fail to Stop
Replies: 14
Views: 3076

Re: Multiple tickets including Red Light - Fail to Stop

You'll have to deal with them as a group, whichever option you choose. Likely the deal offered will be plea to the red light and the other two will be dropped. Or you take your chance at a trial for all three. The two document offences are very easy to prove at a trial though. Thank you, Decatur Does that mean people are not allowed to pick different options for the tickets they get simultaneously? Or, you said so because I would get a higher chance to get the two documents related tickets dropped if I go with the same options altogether? The strategy I came up with is - Go with option 2 for ...
by ilike
Tue Apr 21, 2015 8:27 pm
Forum: General Talk
Topic: Speeding and failure to surrender driver's licence.. HELP!!!
Replies: 9
Views: 4314

Re: Speeding and failure to surrender driver's licence.. HEL

Hi dakchu,

Would you be able to share how it ended please? Were you able to change the option or not allowed? How did your case go at the trial? Thanks!
by ilike
Tue Apr 21, 2015 8:25 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Multiple tickets including Red Light - Fail to Stop
Replies: 14
Views: 3076

Multiple tickets including Red Light - Fail to Stop

Hi, Officer pulled me over and gave me three tickets at the same scene - fail to stop at red light, missing driver's license and permit. Am I allowed to go with Option 3 for the red light one while I pick Option 2 for the rest two document related tickets? Or, should it be only one option, either early resolution meeting or trial? I read many articles that the prosecutors usually drop document related tickets at the early resolution meeting. If I bring all three at the court, I'm afraid I'd lose my chance to defend and eventually win the first ticket, red light stop. I'd really appreciate your...

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