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I was hit by a car on the job as a postie on March 3/11.the driver was charged, he made a right turn through me without stopping at ared light. I went to the hospital, no lasting injury, just a couple of days off work. Thurs Sept 8 I was served a summons to appear in court this coming Monday at 9 a.m.. It states I was also charged contrary to HTA section 144, subsection 27 for entering the roadway before the "walk" pedestrian signal was shown. This is the first time I was made aware that I was charged at all. The summons is stamped RE-ISSUE with a date of July 8/11 crossed out and August hand written in, but was not delivered to me unitl Sept 8. There were no other witnesses at the time and I do not believe I should have been charged but how to prove anything at this late date?
1. Is there any statute about how long between offense and notification by summons?
2. What would be the fine/ penalty for something like this? (This did hapeen on the job so a bit concerned over any effect with my employer) It seemslike it should have been a minor ticket, why a summons?
1) Most Provincial charges need to be laid within six months of the offence. I'm not sure if that means to the day, or just by the end of the month. Obviously if yours falls outside that window it's an easy dismissal for you.
2) Regular tickets need to be served within 30 days of the offence, hence why they're proceeding by summons. It doesn't necessarily mean they're treating the charge more seriously or seeking a higher fine.
When you show up on your first date, you don't have to go to trial. Speak with the Crown and request disclosure to see what the evidence against you is. You can then decide how you want to proceed.
