Should I go to the court house and figure out what's the holdup?
My court date is in late November so I'm worried that it might not get to me in time
Sep 5th, 2017 7:15 am
Sep 5th, 2017 8:07 am
Sep 5th, 2017 12:23 pm
Sep 5th, 2017 6:49 pm
Sep 6th, 2017 6:02 pm
Never showed up in the court system, wasn't on the docket, and was never called up. Officer never filed. Thanks so much for your help!ShrekTek wrote: ↑Aug 24th, 2017 11:17 pmSo for a summons, it does not usually show up in any system ahead of time because the officers do not have deadline to submit it. They can basically submit it the morning of trial if they really want to. And you do not ask for disclosure before a summons date.
A summons is NOT a trial date. You have to show up and tell them what you want to do:
(1) Just plead guilty and pay (not recommended), or
(2) Say you plan to plead not guilty, would like set a trial date and would like to get disclosure.
But here is a trick for all SUMMONS...
When you arrive at the court house, they usually have a list with everybody's names that are scheduled to appear that day. See if your name is on it. If it is, then officer submitted the summons and go check in with the prosecutor.
If your name is NOT on the list then there is a possibility that the officer did not submit the summons so you do not want to tell anybody that you got one. You need to go into court and just sit in the back row and watch and listen. If they ask you why you are there, you can just say you are there to just watch and observe. You then need to wait for them to go thru ALL the items they have. If they do call your name along the way then yes you should go up and identify yourself, but if they do not call your name then do not go up and do not tell them you got a summons. Even at the end of court if they say something like "Does anybody else have any matters to deal with?" then do NOT go up.
If your summons is not on their list and you do go up and tell them you have one, then they will put it on the list and deal with it. However if you just sit back and wait it out and they never call your name then that means it was not filed by officer and will be dropped if you dont mention it.
Sep 6th, 2017 6:03 pm
Sep 6th, 2017 6:04 pm
Sep 6th, 2017 10:07 pm
Great news, the officer didn't show up and the ticket is now dismissed. However, the question still remains, Is the ticket gone forever? Would my insurance company know about it? Any sort of impact at all after the ticket dismissal?harith86 wrote: ↑Sep 4th, 2017 7:14 pmHello,
I got a speeding ticket 10Kmh over limit (60 in 50Kmh zone) back in June. That was in Mississauga, ON,, my actual speed was about 68 and reduced to 60 by the officer. The officer told me as my record is totally clean, that is why he reduced it.
Right before I got caught, I was driving and approaching traffic lights, there was a car right behind me, traffic lights went amber, and I was having the cruise ON when I was driving 50Kmh, it was a downhill road so I turned off the cruise to pass the amber light, and also the car behind me was so close as they wanted to pass the amber as well, so I didn't hit the brakes to slow it down (as speed increased on downhill) in order to avoid any accident that could have happened when the car was behind me.
I took the ticket to court, the trial is on Sep 6th, the officer told me that they were trying to control speeding vehicles as they received complaints from the community about speeding vehicles in that zone.
At the court, I will say I plead not guilty, and I know that I was going over the speed, but I only did that for safety to avoid any sort of accident.
I'd like to know if my reason of speeding is valid and could be considered to not plead guilty.
Sep 7th, 2017 7:45 am
Sep 7th, 2017 8:04 am
1. Correctgushingtears wrote: ↑Sep 5th, 2017 8:07 amI got a speeding ticket yesterday for driving 129km/h on highway 401 (100km/h).
It's 3 demerit points and the maximum fine is around $140.
I had a clean record before.
This is what I gathered from internet,
1. Your car insurance rates go up if you have conviction. It doesn't depend on how many demerit points you get.
2. Hiring a ticket fighter may reduce your demerit points and fine. But they won't be able to make you get away with conviction. So your insurance rates would go up even if your ticket fighter reduce your demerit points to zero. Also, in the end you pay more expense even with reduced fine, because you have to pay your ticket fighter, as well.
3. You can ask for a trial, which can take up to 1 year. But unlike US police, Canadian police most likely to show up on court with hard evidence.
So your chances of winning a trial is very unlikely
4. I'm with Statefarm. And it looks like they charge about $100 more for one speeding ticket a year???
5. Your speeding ticket record remains for 3 years. So after 3 years, you start with a clean record again, and your insurance company won't charge you more for a speeding ticket which happened 4 or more years ago????
So it looks like my best option would be to admit that I'm guilty and ask for less fine and demerit points. Am I right?
I mean.. hiring a ticket fighter won't help me with my insurance rates. And I'll only have to pay $300 more until my record comes clean again, right?
Or does my speeding ticket remain forever and my insurance company forever charge me a couple of hundreds bucks more?
Sep 7th, 2017 8:19 am
When presenting case law you need to bring THREE full copies of whatever case law you want to present, even if you just want to reference one single sentence out of it.SceneSavings wrote: ↑Sep 5th, 2017 6:49 pmHello again. Due to some resolution issues (disclosure says-and-nays), I've found myself seeking the wisdom of this thread.
Long story short, the crown denied that they're required to disclose certain items – explanation for short-hands and/or abbreviations found in officer's notes, proof of device undergoing maintenance/calibration/what-have-you, certification showing officer is a qualified technician and/or operator, copy pages of manual involving operation and maintain of device... – and the JP suggested I track down case law that supports the relevancy of the material. While some can debated, certain things should have little ambiguity as to their significance. The CP did mention that a number of things requested would come up in the trial proper, but not before, so its not as if they're irrelevant given the implication of submitting them as evidence.
Would it happen that a person here know a way to try and deal with this? As I'm completely out of my element. Are there any case laws in-particular I should look for? And am I supposed to print them out for the sake of citation and/or proof? Given case law's seem to be on the long side (twenty plus pages), do I have to print out the entire transcript, or just the rulings at the end? Thank you for all the help so far — its a wonderful thread to have.
Sep 7th, 2017 8:21 am
Congratulations on the win
Sep 7th, 2017 8:23 am
No she does not need to provide anything ahead of time.Jenuine wrote: ↑Sep 6th, 2017 6:04 pmI'm trying to help a friend fight a ticket.
She made a left turn during prohibited time, the sign was not visible. She wrote her councillor and actually got the sign moved to a more visible spot. She plans on using this as evidence during her trial.
I can vaguely recall that in order to introduce her evidence at trial, she needs to inform the prosecutor beforehand that she has evidence, in this case, pictures and a letter. Does anyone know where she can file the evidence? I thought I've seen addresses here but I can't find them anymore. Thanks!
Sep 7th, 2017 8:24 am
If ticket was dismissed/withdrawn or you were found not guilty, then it is forever gone and will not show up on your record and insurance can not use it against you.
Sep 7th, 2017 8:28 am
Congratualtions on the win!xylene567 wrote: ↑Sep 7th, 2017 7:45 amMy experience in court
The prosecutor tries to persuade everyone to plead guilty. When one person said "not guilty" he raised his voice and said "you will be paying full fine if we go to trial"( this is not true, because even if you fail in your argument they would reduce the fine or points if you request. So it is worth a shot to go to trial.
Out of 25 people who were there 20 plead guilty and took an offer from the prosecutor. Only five went to trial. Two (including mine was dismissed) because of a technicality. The officer was present, but he said his notes were destroyed. And the prosecutor decided not to pursue