Today I get letter in the mail citing I failed to pay the "no permit" ticket for $115 and I call the toronto court service and they said I have no proof of that happening.
How do I approach this? I never had a ticket handed to me, I have a witness (passenger) who was with me and also remembers this clearly.
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 you are going to tell them that you were never served (meaning officer never actually gave you the ticket) and your witness will basically say the same thing. NOTE: Your witness must come in person and you must come in person as well.
Hopefully you can meet with the prosecutor before the trial and they will agree to drop it. If they won't drop it, then it will go to trial in front of Justice of the Peace and you and your witness will each have to take the witness stand and say that you never got handed the ticket.
They should grant re-opening without an issue if you say you were never given/served the ticket.
I'd be very reluctant to say that any trial is a slam dunk for defines or the prosecutor. You forget that the human factor involved is the JP.
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 which says:
Ontario HTA - PART I - COMMENCEMENT OF PROCEEDINGS BY CERTIFICATE OF OFFENCE
Certificate of offence and offence notice
3. (1) In addition to the procedure set out in Part III for commencing a proceeding by laying an information, a proceeding in respect of an offence may be commenced by filing a certificate of offence alleging the offence in the office of the court. R.S.O. 1990, c. P.33, s. 3 (1).
Issuance and service
3.(2) A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing in the form prescribed under section 13,
(a) a certificate of offence certifying that an offence has been committed; and
(b) either an offence notice indicating the set fine for the offence or a summons. 2009, c. 33, Sched. 4, s. 1 (2).
3.(3) The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred. R.S.O. 1990, c. P.33, s. 3 (3).
The last section, Section 3 Subsection (3) SERVICE is the most important one for you. You should print it out and take a couple copies with you:
Jsherk, I also saw you posted on another user's question "As far as cellphone goes, if you bring something to court that is being admitted as evidence, then they get to keep it." - is this for sure/based on experience there? I was going to show my dashcam video clip on my cellphone.
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 on the USB stick. Then you should also bring the camera with the original video on it in case they want to complain that it the video you are showing them is not the original. So you start by showing them the video on the USB stick and play it on your laptop and if they want to keep USB stick then no problem. Worst case is that will want to keep your dashcam, but you should complain if they try and say that you will take the stand to swear that the video on the USB stick is the same as the one on the camera and that they are welcome to watch both to compare.
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 same day as fail to stop trial then not as big a deal.
But speaking of the fail to stop charge, will your friend testify that you actually did come to a full stop at the line?