Ontario Speeding Ticket Fighting Thread
#21
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Originally Posted by goneinsixtyseconds
it was to my understanding as well that if you miss your court date, you're automatically found guilty. but i believe you can appeal that decision afterwards. using "i had an exam" as an excuse 18 times during the appeal process and getting away with it seems far fetched to me, but you never know.
For one, yes you are automatically found guilty if you don't show up, but you have the right to appeal your case, which is quite easy as well. All you need is an hour or two to get it done. You sit in a room with a judge and explain your case.
The reason you could possibly do this multiple times, (though 18 times sounds like a stretch) is that the person in the room you are sitting with explaining why you missed the court date does not have a history form of times and tickets you have had in the past. He would not be aware of the continuous delays.
#22
You can absolutely appeal a conviction because you could not attend. You only have a certain amount of days to appeal from the date of conviction. I believe it's two weeks but don't quote me on that. You will need a good excuse though. Bring anything you might need to prove reasoning for missing your dates. This includes doctors notes and so on.
As far as when your new court date will be, it depends on the courthouse schedule. Sometimes the same courthouse will have an empty block open up a month from now, other times a year from now. They will try to reserve these early court dates for people who have appealed, received a new date at the courts request, etc as they don't want you to wait any longer than you already have.
Please note, when you receive a new court date at your own request, you throw out your right to use The Canadian Charter of Rights (11b right to a trial within reasonable time). Unless the new trial date is not your fault (the court simply runs out of time), your months of waiting will not roll over.
As far as when your new court date will be, it depends on the courthouse schedule. Sometimes the same courthouse will have an empty block open up a month from now, other times a year from now. They will try to reserve these early court dates for people who have appealed, received a new date at the courts request, etc as they don't want you to wait any longer than you already have.
Please note, when you receive a new court date at your own request, you throw out your right to use The Canadian Charter of Rights (11b right to a trial within reasonable time). Unless the new trial date is not your fault (the court simply runs out of time), your months of waiting will not roll over.
Last edited by bender; 06-25-2008 at 12:39 PM.
#23
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Those of you who disagreed with my method are WRONG... im not being stubborn or anything but take it from me... i have done this over 15 times and NEVER failed... once you miss a court date you ARE convicted of the offence... but you have the RIGHT to appeal it. You go in a few days later and you fill out a YELLOW form which asks you what your reasons are. Once you fill that form out you must wait and speak to the Justice of Peace. They call you in a room, and you must explain to them why you missed your date and right there on the SPOT they go and tell you that you will have a new court date in the mail within a few months... By STRETCHING it out the officer just puts it aside and 2 years later they dont bother showing up to court. Trust me... i had a speeding ticket which i recieved in 2005.. my court date is next month... I shall be walking away with... "Your charges have been dropped sir.. Officer is not present"... CASE CLOSED!
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Originally Posted by shabz
Those of you who disagreed with my method are WRONG... im not being stubborn or anything but take it from me... i have done this over 15 times and NEVER failed... once you miss a court date you ARE convicted of the offence... but you have the RIGHT to appeal it. You go in a few days later and you fill out a YELLOW form which asks you what your reasons are. Once you fill that form out you must wait and speak to the Justice of Peace. They call you in a room, and you must explain to them why you missed your date and right there on the SPOT they go and tell you that you will have a new court date in the mail within a few months... By STRETCHING it out the officer just puts it aside and 2 years later they dont bother showing up to court. Trust me... i had a speeding ticket which i recieved in 2005.. my court date is next month... I shall be walking away with... "Your charges have been dropped sir.. Officer is not present"... CASE CLOSED!
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Originally Posted by shabz
Those of you who disagreed with my method are WRONG... im not being stubborn or anything but take it from me... i have done this over 15 times and NEVER failed... once you miss a court date you ARE convicted of the offence... but you have the RIGHT to appeal it. You go in a few days later and you fill out a YELLOW form which asks you what your reasons are. Once you fill that form out you must wait and speak to the Justice of Peace. They call you in a room, and you must explain to them why you missed your date and right there on the SPOT they go and tell you that you will have a new court date in the mail within a few months... By STRETCHING it out the officer just puts it aside and 2 years later they dont bother showing up to court. Trust me... i had a speeding ticket which i recieved in 2005.. my court date is next month... I shall be walking away with... "Your charges have been dropped sir.. Officer is not present"... CASE CLOSED!
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MIKHE-
its my advice.. not tryin to be a d!ck in any way. Im just saying.. it worked for me and im passin it on to you guys... im 23, but i know people who have been doing this since ages ago.. Its a rule within the HTA.. any traffic charge that exceeds a year.. a police officer is not REQUIRED to appear. Otherwise, if it is within a year then the officer must attend the court date... I have 2 friends who are cops.. one of them a Staff Sergeant... This is what i have heard directly... your choice if you guys wanna try n argue it with me... i aint here to compete... i posted into this thread to share some wisdom.. n no.. i dont drive like a F*ckin idiot... I get harrassed alot.. im on parole and i get ridiculous **** on me all the time... So plz, dont try talkin anythin to me if you dont know me... I came to share some advice.. nothin more... So for u guys who have tickets n are f*ckin stuck outta ideas n worried bout your insurance... Theres your way out...! DONE
its my advice.. not tryin to be a d!ck in any way. Im just saying.. it worked for me and im passin it on to you guys... im 23, but i know people who have been doing this since ages ago.. Its a rule within the HTA.. any traffic charge that exceeds a year.. a police officer is not REQUIRED to appear. Otherwise, if it is within a year then the officer must attend the court date... I have 2 friends who are cops.. one of them a Staff Sergeant... This is what i have heard directly... your choice if you guys wanna try n argue it with me... i aint here to compete... i posted into this thread to share some wisdom.. n no.. i dont drive like a F*ckin idiot... I get harrassed alot.. im on parole and i get ridiculous **** on me all the time... So plz, dont try talkin anythin to me if you dont know me... I came to share some advice.. nothin more... So for u guys who have tickets n are f*ckin stuck outta ideas n worried bout your insurance... Theres your way out...! DONE
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Originally Posted by shabz
Its a rule within the HTA.. any traffic charge that exceeds a year.. a police officer is not REQUIRED to appear. Otherwise, if it is within a year then the officer must attend the court date...
It may work on some, but some are big enough dicks so they're like "No, I have to keep coming to ensure that this person with a perfectly clean record does not get away from being convicted for keeping up with traffic on the highway on his way to work"
#31
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Originally Posted by shabz
MIKHE-
its my advice.. not tryin to be a d!ck in any way. Im just saying.. it worked for me and im passin it on to you guys... im 23, but i know people who have been doing this since ages ago.. Its a rule within the HTA.. any traffic charge that exceeds a year.. a police officer is not REQUIRED to appear. Otherwise, if it is within a year then the officer must attend the court date... I have 2 friends who are cops.. one of them a Staff Sergeant... This is what i have heard directly... your choice if you guys wanna try n argue it with me... i aint here to compete... i posted into this thread to share some wisdom.. n no.. i dont drive like a F*ckin idiot... I get harrassed alot.. im on parole and i get ridiculous **** on me all the time... So plz, dont try talkin anythin to me if you dont know me... I came to share some advice.. nothin more... So for u guys who have tickets n are f*ckin stuck outta ideas n worried bout your insurance... Theres your way out...! DONE
its my advice.. not tryin to be a d!ck in any way. Im just saying.. it worked for me and im passin it on to you guys... im 23, but i know people who have been doing this since ages ago.. Its a rule within the HTA.. any traffic charge that exceeds a year.. a police officer is not REQUIRED to appear. Otherwise, if it is within a year then the officer must attend the court date... I have 2 friends who are cops.. one of them a Staff Sergeant... This is what i have heard directly... your choice if you guys wanna try n argue it with me... i aint here to compete... i posted into this thread to share some wisdom.. n no.. i dont drive like a F*ckin idiot... I get harrassed alot.. im on parole and i get ridiculous **** on me all the time... So plz, dont try talkin anythin to me if you dont know me... I came to share some advice.. nothin more... So for u guys who have tickets n are f*ckin stuck outta ideas n worried bout your insurance... Theres your way out...! DONE
#32
Originally Posted by IVRY PRL
This may be true, but I can attest to a douchebag cop continuing to show up to mine even after like the 3rd delay, and it was over a year and a half from the offence date. Wasn't for a "real"offence either, he caught me doing 130 on the highway in a Corolla.
It may work on some, but some are big enough dicks so they're like "No, I have to keep coming to ensure that this person with a perfectly clean record does not get away from being convicted for keeping up with traffic on the highway on his way to work"
It may work on some, but some are big enough dicks so they're like "No, I have to keep coming to ensure that this person with a perfectly clean record does not get away from being convicted for keeping up with traffic on the highway on his way to work"
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