OHTA.ca

Apologies if this is the wrong board, but this seems to be a procedure question...

Our house received a summons for a Fail to Stop 175(19) violation. Beyond the fact that we are confused at receiving this and dispute the incident occurred, I am even more confused by the proceedings...

There is a set fine listed for 175(19), and 175(25) states that no summons shall be issued.

Is it therefore appropriate that we have now received a summons?

What happens when you receive a summons where the law specifically states that none should be issued?

My understanding is that the penalty for being found guilty would now be higher (due to court costs) than what it should have been, which seems unfair.

What type of summons did you receive? I believe the section simply prohibits a type 1 summons (essentially a regular traffic ticket) from being issued, but not other types.

You said "our house recieved" .. did it have somebody's specific name on it?

Type of summons - "Summons to Defendant".

Perhaps I need clarification of how/when a Type 3 summons would be issued under (22) instead of a Type 1 Offence / Summons under (3).

And yes, it was issued correctly by name to the vehicle owner.

Well my understanding is that when a charge is issued to the OWNER of a vehicle and not the DRIVER that it does not cause your insurance to go up. Maybe somebody else in forum can confirm that.

But regardless, I would plead Not Guilty and request a trial with the officer present. Once you get your notice of trial, you can then request disclosure (officers notes). You have to get disclosure before you can come up with a plan to fight the ticket.

Yes, in this instance it was a charge brought forward by the bus driver and not by a police officer.

My understanding is that you are correct on insurance, and definitely on the need for disclosure.

This offense has the "no summons shall be issued" clause which confused me as I did in fact receive a summons, and incidentally that clause does not appear in other "owner" violations such as red light camera. (at least as I've searched).

Further, now that a summons and court date is issued, is the penalty open for discussion? Or must it still adhere to the set fine amount?

Since we didn't receive a Notice of Offense, there is no set fine listed on my paperwork.

The date on the summons is not your trial date (but you do have to show up). You will be asked how you plan to plead and if you plead not guilty then they will set a trial date.

I can not answer the questions about summons or the set fine amount.

I just read through the relevant section of the POA. It does simply prohibit the use of a Part I summons, not all summons in general. Technically the Crown could seek a higher fine if youre convicted at trial, but there would need to be some sort of justification for the request. For an offence where the driver cant even be identified, I see zero chance of this. The reality is that youll likely be offered a plea deal to a reduced fine.

Also remember that if you go to trial both the officer and the bus driver MUST be present in order to testify. If one is not there then they have to drop the charge.