Ontario Highway Traffic Act

Yep, she wasted a day of your life!

Well that is good news for a change!!!

Just an FYI that once the ticket is entered into the system, the officer can not withdraw it. Only the prosecutor has the decision to either withdraw or pursue the charge. And even it went to trial and you had video of the officer saying he was not going to charge you, this itself would not be enough to get the charge dropped. The officer saying he ...

I think daggx is right now that I think about it...

But regardless, once you get it re-opened and get your Notice of Trial, make sure to request disclosure (officers notes). Then you could try to call prosecutor before the trial date and tell that you were never served and see if they will drop it before you have to come to court. If it is on ...

Anything that can play the video is fine, but make sure you have the video on a cheap external USB stick because I have heard of people bringing their laptops and then the courts take their laptops for several months. If it is on a USB stick then you only have to leave the USB stick and not the whole device.

You should actually request that both tickets be on the same date when you go to get the re-opening. Most likely they should be able to do it, but of course there is no guarantee.

For the video, you want to transfer the video off the camera onto a USB stick (Staples has them for $6). Then you should bring a laptop that can play the video that is ...

Okay so that is good... you were not served as Section 3(3) says you supposed to be, which means the charge should be dropped. Unfortunately you have to go thru the whole process of getting it re-opened and then going to court.

Yes I should correct what I said...
Your in-person testimony AND your witness in-person testimony SHOULD trump the officers testimony.

Did the officer give it to you and then you handed it back? Or did he just never give it to you in the first place?

The law that you would need to print and bring with you is Ontario Highway Traffic Act Section 3 ...

Reading the penalties, there is a 5 year period where if you get caught again then the penalty goes up for the second and thirid occurences.

But as a side note, I believe this is an ADMINISTRATIVE penalty which means it will not show up on your driving record and will not affect your insurance.

Your in-person testimony AND your witness in-person testimony will trump the officers testimony.

They should grant re-opening without an issue if you say you were never given/served the ticket.

What Decatur said... There is NO 5-year suspension for what you got. You should be able to pay the $180 and get your license back.

From http://www.mto.gov.on.ca/english/safety/impaired-driving.shtml :
In Ontario and the rest of Canada, the maximum legal BAC for fully licensed drivers is 80 milligrams of alcohol in 100 millilitres of blood (0.08 ...

Well again if the officer did not file the ticket with the court within 7 days, then there is no ticket any more.

I suppose if MTO chases down the officer, the officer could re-issue a new ticket. You basically want to hope they don't find officer!

First you need to immediately go to court house and tell them you never were given the ticket and that you need a RE-OPENING. You specifically want a re-opening and NOT an appeal.

Next, if they grant the re-opening, which they should, you will get a Notice of Trial in the mail. You and your witness need to come to court on the trial date and ...

Basically, I would wait until the temp license almost expires, and then go into a DIFFERENT MTO office and ask for a new license to be issued.

If the officer did not file the ticket then you officially have not been charge and the MTO can not charge you $180 or give you 5-year probation.

Did they make you pay the $180 (they should not have)? Or did you have to pay the License Re-Instatement fee (more likely this is what you paid)?

Again, MTO can not give you a 5-year suspension unless you are found guilty of the charge. If the officer did not enter the ticket in the system then you can not be found guilty and MTO can not suspend ...