Officer Did Not File My Ticket Within 7 Days
Hi,
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
Re: Officer Did Not File My Ticket Within 7 Days
"Filing of certificate of offence
4. A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons. 2009, c. 33, Sched. 4, s. 1 (4)."
I don't know if that's an automatic dismissal though.
Re: Officer Did Not File My Ticket Within 7 Days
The courts should have never filed it...I have never even heard of a late file getting a trial date set...are you sure that is the file date?
Re: Officer Did Not File My Ticket Within 7 Days
The filing date will be stamped on the original Certificate of Offence that the officer filed with the court, not on your ticket.
When you show up for trial, you can go up to the clerk before the trial starts and ask them to show you the filing the date on the original.
If it is indeed 10 days after the ticket was issued, then you can ask the clerk why it got filed, and then you can tell the prosecutor as well before the trial starts. If the prosecutor wants to still have a trial, then when the trial starts you need to tell the Justice of the Peace right away that the Certificate of Offence was filed 10 days after the ticket was issued and Section 4 of the Provincial Offences Act says "A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons." and therefore the charge should be dropped.
Re: Officer Did Not File My Ticket Within 7 Days
Ok.. Im actually not too sure.. the date i got my ticket was on Oct. 26 and then on my ticket theres a stamp that says "ONTARIO COURT OF JUSTICE FILED NOV. 5, 2015 #3"? is that the filing date?
Re: Officer Did Not File My Ticket Within 7 Days
I'd follow jsherk's advice and check with the clerk
Re: Officer Did Not File My Ticket Within 7 Days
You have 15 days to file YOUR copy of the ticket (called the Notice of Offence), otherwise you will just be automatically found guilty.
The officer has 7 days to file their original copy of the ticket (called the Certificate of Offence).
So what do you have with a date stamp on it? Your ticket (notice of offence) or the officers original (certificate of offence)? Or does it say SUMMONS at the top of your ticket in which case none of this applies.
Re: Officer Did Not File My Ticket Within 7 Days
Ah, good catch jsherk. I'll bet that's it.
-
- Similar Topics
-
-
New post MTO officer did not file the ticket in court after 7 days
Last post by Passing Thru Thu Jun 06, 2013 4:28 pm
-
-
-
New post Officer clocked me in a moving cruiser - Towed car for 7 days, license suspended for 7 days
by ThrowawayTicket in Stunt DrivingLast post by ThrowawayTicket Sun Apr 12, 2020 1:56 pm
-
-
-
New post 10 days away from court date, can I still file for disclosur
by Nestee in Courts and ProcedureLast post by Nestee Tue Oct 09, 2012 1:47 pm
-
-
-
New post Charge of Speeding - Officer wants to file adjornment?
Last post by Leafs87 Mon Nov 25, 2013 7:08 pm
-
-
-
New post Should I file an 11-B on this ticket?
by Vinny in Courts and ProcedureLast post by Vinny Sun Jul 24, 2011 7:31 pm
-
-
-
New post How to file a ticket and request trial during COVID?
by dude in General TalkLast post by dude Sat Jun 06, 2020 5:08 pm
-
-
-
New post Used a file ticket service - received a fine in the mail
by method76 in Courts and ProcedureLast post by method76 Thu Sep 27, 2012 9:13 am
-
-
-
New post Called to pay speeding ticket and was told they didn't have it on file.
by northernleaffan in General TalkLast post by Decatur Wed May 01, 2019 6:38 pm
-
-
-
New post Ticket not submitted in 18 days
by rkc99 in General TalkLast post by rkc99 Sat Feb 22, 2020 9:52 am
-
-
-
New post More than 15 days since I was issued ticket
by esirbu in General TalkLast post by Simon Borys Sat May 28, 2011 10:10 pm
-
Who is online
Users browsing this forum: No registered users and 10 guests