can I fight the ticket which was issued 2 years ago? | GTAMotorcycle.com

can I fight the ticket which was issued 2 years ago?

slogan

slogan

Well-known member
Well, I got a ticket about 2 years ago (not speeding one). And I did not fight it, because it was my first ticket in Canada, and I was not smart enough...
So I got points hanging on that ticket, which are poisoning my life :confused5:

Last couple days I obtained my driver's abstract and found that the ticket is issued not for that what happened. They, probably, wanted to classify it, but it sounds now very wrong from what OPP told me two years ago, and from the incident.

Can I fight it now? Because this ticket was issued for that, what I never done!!!
 
I doubt it (even though I hope someone proves me wrong).. You could appeal shortly after getting convicted with a nice JP and an explanation as to WHY you didn't take it to court immediately. Even then, it's an uphill battle.. You admitted your guilt (by paying the ticket) and waited for 2 years..... Tough nut to crack.
 
Well, that's the thing, that I paid a ticket with different title.
And the title which is written to my driver's abstract is not the one which I paid for.
 
Do you still have a copy of the ticket? Maybe an occurance #? If the name and HTA # is wrong then just maybe, but you'll need to contact a JP. If you don't have either the ticket or proof otherwise then it's tough cookies.
 
slogan said:
Well, that's the thing, that I paid a ticket with different title.
And the title which is written to my driver's abstract is not the one which I paid for.
Click to expand...

What was the title of the offense on the ticket?
What is the title of the offence on the drivers abstract?

why are we dancing around the facts?

It's like asking for help on this thing, but not telling what the thing is.
 
Others have said it, but it bears repeating. If you were charged with one thing, but convicted of another, then it's tough to give advice without knowing what both are.
 
slogan said:
Well, I got a ticket about 2 years ago (not speeding one). And I did not fight it, because it was my first ticket in Canada, and I was not smart enough...
So I got points hanging on that ticket, which are poisoning my life :confused5:
Click to expand...

Demerit points expire after two years of the date of offence. Unless the charge was an especially serious one, insurance repercussions expire three years after date of conviction. Given that you did not fight it, your date of conviction should be within two or three weeks of the date of offence. The poison should be out of the system soon enough all by itself unless it's a seriously major ticket.

If it's anything other, you're well past any limitations period in which you can reopen the matter.
 
turbodish said:
Demerit points expire after two years of the date of offence. Unless the charge was an especially serious one, insurance repercussions expire three years after date of conviction. Given that you did not fight it, your date of conviction should be within two or three weeks of the date of offence. The poison should be out of the system soon enough all by itself unless it's a seriously major ticket.

If it's anything other, you're well past any limitations period in which you can reopen the matter.
Click to expand...

Maybe. Then again it might just be a special case if he was charged with one thing, had a conviction entered for another altogether, and never received a notice of conviction. That would be against the fundamental principles of justice.
 
Also if he got a ticket for a minor and got convicted for a major, as they may figure into the rate calculations longer (I'm not sure on that one).
 
Rob MacLennan said:
Maybe. Then again it might just be a special case if he was charged with one thing, had a conviction entered for another altogether, and never received a notice of conviction. That would be against the fundamental principles of justice.
Click to expand...
Well, I got to find out the original ticket... it was somewhere...
I am pretty sure the ticket I paid was issued for different thing (with the difference, that the way it was said on the ticket could be interpret, that the thing happened accidentally, but the one which is in me driver's abstract - means that I made it consciously)
And they never noticed me about changing the conviction. And I got 3 points for that, :confused5:
 
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slogan said:
Well, I got to find out the original ticket... it was somewhere...
I am pretty sure the ticket I paid was issued for different thing (with the difference, that the way it was said on the ticket could be interpret, that the thing happened accidentally, but the one which is in me driver's abstract - means that I made it consciously)
And they never noticed me about changing the conviction. And I got 3 points for that, :confused5:
Click to expand...

anybody else find this hard to read?

the short form wording the officer wrote on the ticket does not have to be exact word for word what the hta says, as long as it follows along the same lines the officer is good, take s.142 for example, which is 3 laws in one section, fail to signal, turn not in safety and another one. on your abstract it will list one or all of them as it goes by the section number but not necessarily the offence.

its a little complicated. if you cant remember the offence and only think it was different to what you were charged with 2 years ago in my opinion you are going to have a tough battle. if its only 3 points it was most likely a $110 fine so not worth fighting especially 2 years later when it leaves your abstract after 3 years.
 
slogan said:
Well, I got to find out the original ticket... it was somewhere...
I am pretty sure the ticket I paid was issued for different thing (with the difference, that the way it was said on the ticket could be interpret, that the thing happened accidentally, but the one which is in me driver's abstract - means that I made it consciously)
And they never noticed me about changing the conviction. And I got 3 points for that, :confused5:
Click to expand...

If it's an equivalent charge, from a points and fine standpoint, then I wouldn't bother to pursue it. Won't know without hearing those charges though.
 
If you were charged with a minor offence and the offence on your abstract is still a minor it really doesn't make a difference. For insurance purposes forgetting to renew your sticker and speeding 40KM/h over is the same. The points don't really matter that much either unless you are about to loose your license. Also, chances are that this offence will be off your record by the time you see JP, if it's a minor offence.
 
OK. Thanks for comments.
I will check it at home today.
And sorry for my bad French accent though...:sad8:
;)
 
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