Topic

Trial Will Not Be Processed

Author: CHAND


Post Reply
CHAND
Newbie
Newbie
Posts: 6
Joined: Sun Mar 02, 2008 10:27 pm
Location: TORONTO, ONTARIO

Trial Will Not Be Processed

Unread post by CHAND »

After gettting a ticket, I went for the trial option. Then, I received a letter saying that the trial will not be processed because original certificate of offence was not recieved by Provincial Offences Office from the enforcement officer. Provincial offences act provides that the enforcement officer may re-serve the offence notice at a later date.


a). should i consider that this offence is over? if is this offence forgiven?


b). Does the enforcement officer has any time duration to send the original certificate to the provincial offences office?



c). After how long the provincial offences office will recheck, if they receive the original certificate of offence from the enforcement officer?


d). What if the provincial offences office does not receive the original certificate from the enforcement office at a later date? So will they forgive me the ticket charges or still i have to pay for the ticket?


e). What if the enforcement officer send a original certificate of offence to the provincial offences office during the certain time limite, then will i be receiving a letter with the trial date from provincial offences office?


[/b]

User avatar
hwybear
High Authority
High Authority
Posts: 2934
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Posting Awards

Unread post by hwybear »

Once the provincial offence notice is issued the officer has 7 days to have it submitted to the courts. If it is not submitted within that time frame the charge is not processed and to my understanding that is someone did pay, they would be re-imbursed as the process was not complete.


Sometimes offence notices are misplaced during the shift, or the officer got a priority call laid it on the seat and it fell below the seat.


The offence officer has up to 6 months to lay another offence notice on you, and would be served long form summons. That is not often done for common tickets, but if there is mitigating circumstances, such as a collision, the officer probably will be following up with the summons.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
User avatar
Bookm
Sr. Member
Sr. Member
Posts: 632
Joined: Tue Jan 22, 2008 8:38 pm
Location: Stratford, Ontario

Unread post by Bookm »

Is a JP likely to deny the Part III summons request if it is a simple offense with no secondary issues (such as an accident caused by the offense)?

User avatar
hwybear
High Authority
High Authority
Posts: 2934
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Posting Awards

Unread post by hwybear »

I have never had a summons rejected from a JP.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
CHAND
Newbie
Newbie
Posts: 6
Joined: Sun Mar 02, 2008 10:27 pm
Location: TORONTO, ONTARIO

Unread post by CHAND »

I was not involved in any accident. I was driving on left lane and I needed to take right turn. so, I crossed the speed limit to overtake a civil car which was driven by a police man on my right hand lane. He followed me and gave me a ticket. Ticket says "interfere with trafic". OHTA section is: 170 (12) Ist he wrote 175 (14) and then cut it and rewrote 170 (12)

User avatar
Bookm
Sr. Member
Sr. Member
Posts: 632
Joined: Tue Jan 22, 2008 8:38 pm
Location: Stratford, Ontario

Unread post by Bookm »

Since 170(12) pertains to "parking" on a highway, it's possible he chose not to file it, knowing he wrote the wrong statute. I'd lay odds that you got lucky this time ;)

Post Reply
  • Similar Topics

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 25 guests