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



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

  1. #1
    slogan's Avatar
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    can I fight the ticket which was issued 2 years ago?

    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

    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!!!

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    FiReSTaRT's Avatar
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    Re: can I fight the ticket which was issued 2 years ago?

    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.
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    slogan's Avatar
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    Re: can I fight the ticket which was issued 2 years ago?

    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.

  4. #4

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

    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.

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    mike.from.canmore's Avatar
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    Re: can I fight the ticket which was issued 2 years ago?

    Quote Originally Posted by slogan View Post
    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.
    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.
    Quote Originally Posted by Razorsythe
    i hate to say this but i never said i was correct.

  6. #6
    Moderator Rob MacLennan's Avatar
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    Re: can I fight the ticket which was issued 2 years ago?

    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.
    Morally Ambiguous (submissions welcome)

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

    Quote Originally Posted by slogan View Post
    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
    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.

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    Moderator Rob MacLennan's Avatar
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    Re: can I fight the ticket which was issued 2 years ago?

    Quote Originally Posted by turbodish View Post
    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.
    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.
    Morally Ambiguous (submissions welcome)

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    FiReSTaRT's Avatar
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    Re: can I fight the ticket which was issued 2 years ago?

    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).
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    slogan's Avatar
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    Re: can I fight the ticket which was issued 2 years ago?

    Quote Originally Posted by Rob MacLennan View Post
    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.
    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,
    Last edited by slogan; 10-31-2011 at 11:46 AM.

  11. #11
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    Re: can I fight the ticket which was issued 2 years ago?

    Quote Originally Posted by slogan View Post
    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,
    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.

  12. #12
    Moderator Rob MacLennan's Avatar
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    Re: can I fight the ticket which was issued 2 years ago?

    Quote Originally Posted by slogan View Post
    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,
    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.
    Morally Ambiguous (submissions welcome)

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  13. #13

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

    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.

  14. #14
    slogan's Avatar
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    Re: can I fight the ticket which was issued 2 years ago?

    OK. Thanks for comments.
    I will check it at home today.
    And sorry for my bad French accent though...

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