My son (G2 driver) received a "Summons to Defendant" last week for failing to stop school Bus. The bus was stoped on the north side of the street (northbound traffic) and my son was on the south side (southbound traffic) it was a 4 lane street with a center turn lane (5 all together). There is a whole explanation as all the traffic in the southbound lane kept moving, however my son and another vehicle behind him pulled over (as they thought the police car was going to go after the cars ahead) and both cars got Summons. My question is why was he given a Summons to Defendant as opposed to a ticket with a fine? Charged under 175 (11),
My son (G2 driver) received a "Summons to Defendant" last week for failing to stop school Bus. The bus was stoped on the north side of the street (northbound traffic) and my son was on the south side (southbound traffic) it was a 4 lane street with a center turn lane (5 all together). There is a whole explanation as all the traffic in the southbound lane kept moving, however my son and another vehicle behind him pulled over (as they thought the police car was going to go after the cars ahead) and both cars got Summons.
My question is why was he given a Summons to Defendant as opposed to a ticket with a fine? Charged under 175 (11),
Police are allowed to issue either a Notice of Offense (normal ticket) or a Summons. For some charges they can only issue a Summons. Not sure if failing to stop for bus is a summons only type ticket or not, but if either can be issued it is just the officers discretion as to which he wants to use.
Police are allowed to issue either a Notice of Offense (normal ticket) or a Summons. For some charges they can only issue a Summons.
Not sure if failing to stop for bus is a summons only type ticket or not, but if either can be issued it is just the officers discretion as to which he wants to use.
There is a set fine for a School Bus charge: $400 ++ =$490, as well it is 5 points so a G2 driver, if convicted, will get a 30 licence suspension from the Ministry...Not sure why a summons was issued, there may be more to this story than we were told...
There is a set fine for a School Bus charge: $400 ++ =$490, as well it is 5 points so a G2 driver, if convicted, will get a 30 licence suspension from the Ministry...Not sure why a summons was issued, there may be more to this story than we were told...
Indeed. If a number of infractions occur and any one of them results in a Summons then all of the documents have to be Summonses. To the OP, are you sure your son didn't get another Summons for a non-ticketable offence that he hasn't told you about ?
Indeed. If a number of infractions occur and any one of them results in a Summons then all of the documents have to be Summonses. To the OP, are you sure your son didn't get another Summons for a non-ticketable offence that he hasn't told you about ?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
The only reason I would believe a summons would be issued is if he was charged under 175(19) as the owner. Was the summons issued the same day, or more than 30 days but less than 6 months after the incident? If the summons was issued the same day then as above states, he had to receive a summons for another non-ticketable offense. Also bear in mind, it is a 6 DEMERIT POINT OFFENSE, therefore since your son has a G2, he would have to attend an interview to discuss why your license should not be suspended (on top of the Administrative 30 days), and the interview costs $50. If your son don't pay the cost of the interview or don't show up, they will suspend the license. https://www.ontario.ca/page/understandi ... #section-3
The only reason I would believe a summons would be issued is if he was charged under 175(19) as the owner. Was the summons issued the same day, or more than 30 days but less than 6 months after the incident? If the summons was issued the same day then as above states, he had to receive a summons for another non-ticketable offense.
Also bear in mind, it is a 6 DEMERIT POINT OFFENSE, therefore since your son has a G2, he would have to attend an interview to discuss why your license should not be suspended (on top of the Administrative 30 days), and the interview costs $50. If your son don't pay the cost of the interview or don't show up, they will suspend the license.
It wouldn't make a difference whether or not someone is charged as the driver or the owner. The officer pulled over the driver so he wouldn't be charging the owner in the first place. The set fine is still the same. This is all incorrect. The escalating sanctions suspension is the punishment. There's no interview. Interviews are for novice drivers who collect points in drips and drabs. If you are convicted of an offense that carries 4 or more demerit points (and you're a novice driver), your license will be suspended for 30 days (first offense) and your abstract will show zero points. Otherwise, you'd go for a meeting and get suspended again for a conviction you've already been suspended for. Also, it's not an administrative suspension. You will be suspended upon conviction.
UnluckyDuck wrote:
The only reason I would believe a summons would be issued is if he was charged under 175(19) as the owner. Was the summons issued the same day, or more than 30 days but less than 6 months after the incident? If the summons was issued the same day then as above states, he had to receive a summons for another non-ticketable offense.
It wouldn't make a difference whether or not someone is charged as the driver or the owner. The officer pulled over the driver so he wouldn't be charging the owner in the first place. The set fine is still the same.
UnluckyDuck wrote:
Also bear in mind, it is a 6 DEMERIT POINT OFFENSE, therefore since your son has a G2, he would have to attend an interview to discuss why your license should not be suspended (on top of the Administrative 30 days), and the interview costs $50. If your son don't pay the cost of the interview or don't show up, they will suspend the license.
This is all incorrect. The escalating sanctions suspension is the punishment. There's no interview. Interviews are for novice drivers who collect points in drips and drabs. If you are convicted of an offense that carries 4 or more demerit points (and you're a novice driver), your license will be suspended for 30 days (first offense) and your abstract will show zero points. Otherwise, you'd go for a meeting and get suspended again for a conviction you've already been suspended for. Also, it's not an administrative suspension. You will be suspended upon conviction.
Where does this procedure come from ? I've only seen this in the Ottawa area, in other places I've seen people get both part 1 and part 3 for multiple offences on the same traffic stop ...
Indeed. If a number of infractions occur and any one of them results in a Summons then all of the documents have to be Summonses. To the OP, are you sure your son didn't get another Summons for a non-ticketable offence that he hasn't told you about ?
Where does this procedure come from ? I've only seen this in the Ottawa area, in other places I've seen people get both part 1 and part 3 for multiple offences on the same traffic stop ...
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly…
I'm hoping somebody can point me in the right direction to track down various radar gun error codes.
Way back in March of this year I was stopped for speeding, 86kmh in a 60 Community Safety Zone, on Mayfield Rd., on the outskirts of Brampton. (Aloa school)
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a…
Hey guys I was hoping for some advice on my first ever ticket.
I just moved to the Aurora area and made a prohibited left turn between the prohibited hours. This is my very first ticket so I am unsure as to how to precede. I have already requested and received my court date and I assume the next…
i am 25 with a G2 Drivers license. had a lot to drink saturday night. woke up the next morning and drove home around 1pm sunday. got pulled over for speeding, police officer smelled booze had me blow a breathalyzer. i blew 0.035 . he aloud my passenger to drive my truck home. he gave…
Hi, last summer I was pulled over when I made a left turn from he middle lane at Harbor and Yonge Street (heading east on the Gardiner and taking the Yonge exit). I swear they nabbed about 10 people in 5 minutes. Anyways, I decided to challenge in court, my court date is in April and I have just…
In Kanda, the court established that this offence is a strict liability charge. In other words, you can offer a defence of due diligence. In Kanda the defendant explained the…
Last July I got pulled over for failure to obey stop sign at a T-intersection in my neighbourhood. After I got my trial date I requested disclosure in November. Sent in another request for disclosure in early January and in mid-January got a call to pick it up at the court office. The disclosure…
