Hi all, So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including the fact that the court room does not exist at this criminal court house, only at the provincial court house. Does anyone know if this get me off the charge completely?
It has to be personal service. They can mail suspension notices but not summonses. And yes, you can not open the door, or open it and refuse to identify yourself and then the police can get a warrant and deal with you at the time of likely greatest inconvenience and you will get zero leeway from police or Crown. Your choice.
It has to be personal service. They can mail suspension notices but not summonses.
And yes, you can not open the door, or open it and refuse to identify yourself and then the police can get a warrant and deal with you at the time of likely greatest inconvenience and you will get zero leeway from police or Crown. Your choice.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
First of all, when they are looking for you to serve you a summons is NOT the same thing as having a warrant out for your arrest so you should not worry too much. They just want to give you a ticket! As far as service is concerned, you are right, mailing does not count: A summons shall be served by a provincial offences officer by delivering it personally to the person to whom it is directed or if that person cannot conveniently be found, by leaving it for the person at the persons last known or usual place of abode with an inmate thereof who appears to be at least sixteen years of age.
First of all, when they are looking for you to serve you a summons is NOT the same thing as having a warrant out for your arrest so you should not worry too much. They just want to give you a ticket!
As far as service is concerned, you are right, mailing does not count:
A summons shall be served by a provincial offences officer by delivering it personally to the person to whom it is directed or if that person cannot conveniently be found, by leaving it for the person at the persons last known or usual place of abode with an inmate thereof who appears to be at least sixteen years of age.
But their attempts at service will become more robust the closer to the 6 months. This won't go away. Do you want a copper to turn up at your work with a ticket ?
But their attempts at service will become more robust the closer to the 6 months. This won't go away. Do you want a copper to turn up at your work with a ticket ?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Stunting is an arrestable offence, therefore, a warrant could be sought if the person cannot be served the summons...Section 24 of the Provincial Offences Act..in part: where the arrest is authorized by statute and where the allegations of the informant or the evidence satisfy the justice on reasonable and probable grounds that it is necessary in the public interest to do so, issue a warrant for the arrest of the defendant; I suppose I could be wrong but it seems to fit...
Stunting is an arrestable offence, therefore, a warrant could be sought if the person cannot be served the summons...Section 24 of the Provincial Offences Act..in part: where the arrest is authorized by statute and where the allegations of the informant or the evidence satisfy the justice on reasonable and probable grounds that it is necessary in the public interest to do so, issue a warrant for the arrest of the defendant; I suppose I could be wrong but it seems to fit...
It might be in your best interest to call Provincial Offences office and ask the status of the ticket. Then you will know for sure whether summons or warrant or whatever.
It might be in your best interest to call Provincial Offences office and ask the status of the ticket. Then you will know for sure whether summons or warrant or whatever.
It might be in your best interest to call Provincial Offences office and ask the status of the ticket. Then you will know for sure whether summons or warrant or whatever.
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