Carless Ticked Mailed To Me? | GTAMotorcycle.com

Carless Ticked Mailed To Me?

Boreas

Boreas

Member
Careless Ticket Mailed To Me?

I got pulled over today for "lanesplitting" on the DVP... I know I know, whats done is done though. I'm normally pretty good with my scan, and I did tuck back in once I saw the cop car but my lane then started moving and I passed him. That's when he turned on his lights.

The officer took my license and insurance, and returned back to his car for a bit, and then returned and handed them back to me, but without a ticket. Instead he said I'll receive a ticket in the mail...

I've never had this happen before. Has anyone else received a ticket this way? What guarantees the ticket doesn't get "lost" in the mail? I'm really hoping it was his way of letting me off with a warning without actually letting me off with just a warning. One can hope right?

Your thoughts...
 
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Never heard of this either. Maybe he ran out of slips :p.

Interesting to find out what others think.
 
I don't know that an offence notice can be mailed to you as service to the subject must be performed by the original officer or, if not by the original officer, then personal service must be sworn to by the person who does. Provincial Offences Act, section 3. Service may be performed up to 30 days after the date of the offence.
 
That's odd.

Definitely that is not the regular operating procedure. You said it happened on the DVP, was it OPP? Or Toronto Police?
 
MarcosSantiago said:
That's odd.

Definitely that is not the regular operating procedure. You said it happened on the DVP, was it OPP? Or Toronto Police?
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It was Toronto Police for sure!

I also noticed the officer had almost knee-high boots on, so I'm thinking he rides as well - maybe a horse though, or maybe he had just put the bike away because of the rain showers. If he did ride a bike though, maybe he felt some sympathy for me... although he wasn't very nice... Once again, one can hope.
 
He would have given you 20 bucks and a sorry about your luck had you been riding a BMW. No point in kicking someone who is down.
 
Rob MacLennan said:
I don't know that an offence notice can be mailed to you as service to the subject must be performed by the original officer or, if not by the original officer, then personal service must be sworn to by the person who does. Provincial Offences Act, section 3. Service may be performed up to 30 days after the date of the offence.
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If it can't be mailed maybe the OP should stay away from home for the next month
 
Usually, it's hand delivered by the officer. If sent by mail, I'd imagine it would be registered - just don't pick it up and don't answer the door - you're not home.
 
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promac said:
Just don't pickup any registered mail - that's how it will come, if sent by mail. Otherwise it will be hand delivered.
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It doesn't matter. If sent by registered mail, after 7 days it is considered served whether picked upo and signed for or not.

Date of mailed service
(4.1) A summons served by registered mail under subsection (4) is deemed to have been duly served seven days after the day of mailing. 2009, c. 33, Sched. 4, s. 1 (34).
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Re: Careless Ticket Mailed To Me?

Boreas said:
The officer took my license and insurance, and returned back to his car for a bit, and then returned and handed them back to me, but without a ticket. Instead he said I'll receive a ticket in the mail...
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Yoiu can be summoned to court through a summons issued under Part Three of the Provincial Offences Act. That summons can be issued up to six months after the date of offence.

Serving of a Part Three summons can be done by serving it to you in person, leaving it with any person apparently of the age of 16 or more at your last known customary address, or by sending to you via registered mail to your last known address.

If sent by registered mail, it is deemed to have been served at the time of signing on delivery, or if not signed, on the 7th day following date of mailing. You can't get out of it by ducking your mail.
 
Re: Careless Ticket Mailed To Me?

turbodish said:
Yoiu can be summoned to court through a summons issued under Part Three of the Provincial Offences Act. That summons can be issued up to six months after the date of offence.

Serving of a Part Three summons can be done by serving it to you in person, leaving it with any person apparently of the age of 16 or more at your last known customary address, or by sending to you via registered mail to your last known address.

If sent by registered mail, it is deemed to have been served at the time of signing on delivery, or if not signed, on the 7th day following date of mailing. You can't get out of it by ducking your mail.
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So I can be summoned to court directly, without being given a ticket? What if I don't want to go to court, what if I just want to pay the fine?
 
Re: Careless Ticket Mailed To Me?

Boreas said:
What if I don't want to go to court, what if I just want to pay the fine?
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You don't have that option with a summons because there's no set fine.

But more importantly, you should take every ticket to court anyway. Why wouldn't you? Especially a big charge like careless driving. At the very least you bargain it down to a lesser charge and smaller amount. You can't lose.
 
Re: Careless Ticket Mailed To Me?

you may never get the ticket, and he may not be bothered to do anything at the end of his shift...happened to a friend many years ago, he never heard anything further...just wants you to sweat a little...hopefully...
 
Re: Careless Ticket Mailed To Me?

GayManLoveIsOK said:
you may never get the ticket, and he may not be bothered to do anything at the end of his shift...happened to a friend many years ago, he never heard anything further...just wants you to sweat a little...hopefully...
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I've been handed a ticket that never got entered, but that was a few years ago and much more minor. A careless ticket is less likely to suffer that fate unless that was the original plan. The other reason the officer may have decided to mail it is the fact that the DVP is a very dangerous place to be a stopped cruiser.
 
It seems like this cop wasn't a traffic cop or not trained or certified on tickets so he wrote down the info and will probably get a trained cop to cut a ticket

I would fight it, the chances are that he will not how up in the court, or some other cop may show up and you win in both cases.

I think the cop stopped you should have at least told you what ticket you will be getting otherwise I am pretty sure he isn't qualified to stop and give tickets

Or he just let you go with a warning...
 
Re: Careless Ticket Mailed To Me?

Boreas said:
So I can be summoned to court directly, without being given a ticket? What if I don't want to go to court, what if I just want to pay the fine?
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If you get a Part 3 summons, there is no out of court settlement. You WILL be going to court.

A cop can do this even for offences that are normally dealt with by issuing a Part 1 notice of offence with set fine.
 
Summon is only given for a major offense for which a fine guideline may not e available: such as driving 50 Kim's over limit before the street racing laws kicked in
 
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