I received a part 3 summons, signed by a JP, with no date on it. I have been to court several times, but not to trial yet. Section 24 (2) of the POA states that 'A justice shall not sign a summons or warrant in blank'. The prosecutor refuses to withdraw the charges, says they can amend it. Is the summons considered a continuing document as well as issuing? Should I go the mandamus route in Superior court, just not show up for trial or deal with the JP at trial? Any thoughts?
Blank summons
I received a part 3 summons, signed by a JP, with no date on it. I have been to court several times, but not to trial yet. Section 24 (2) of the POA states that 'A justice shall not sign a summons or warrant in blank'. The prosecutor refuses to withdraw the charges, says they can amend it. Is the summons considered a continuing document as well as issuing? Should I go the mandamus route in Superior court, just not show up for trial or deal with the JP at trial? Any thoughts?
-
terdferguson
- Newbie
- Posts: 11
- Joined: Sun Sep 03, 2017 8:05 pm
-
Posting Awards
Re: Blank summons
If you appeared in court after receiving the summons, then it has served it's purpose. A summons is just to get you in the door at court. It's no longer relevant in my opinion. You've since been to court many times. I would presume you were instructed on court record by the JP when to return to court next. Failing to appear would mean they could proceed with a trial in your absence or issue a warrant depending on the seriousness of the charges.
If you appeared in court after receiving the summons, then it has served it's purpose. A summons is just to get you in the door at court. It's no longer relevant in my opinion.
You've since been to court many times. I would presume you were instructed on court record by the JP when to return to court next. Failing to appear would mean they could proceed with a trial in your absence or issue a warrant depending on the seriousness of the charges.
Re: Blank summons
It states "and to appear thereafter as required by the court to be dealt with according to law", does this not give it continuing force? Since it was illegal for the JP to sign in the first place, is that in and of itself not fatal, no matter what stage the proceeding is at?
It states "and to appear thereafter as required by the court to be dealt with according to law", does this not give it continuing force?
Since it was illegal for the JP to sign in the first place, is that in and of itself not fatal, no matter what stage the proceeding is at?
Similar Topics
Featured Topics
Hand-held device placed securely in motor vehicle
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):
Exemption for pressing buttons
14.…
People are Driving Faster
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…
136km/h in a 100km/hr, possible win?
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…
Ontario reintroducing Photo Radar/Speed Cameras?
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.
Slowest of multiple targets, ticketed anyway....
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 was not going that…
Officer Alters Official Notes
Hi everyone,
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…
Careless driving on a Bicycle - hit by a taxi driver
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…
Is this 141(6) ?
Hello,
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…
going 50 over the limit
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 -…
An absolute nightmare
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…
