TRAFFIC TICKETS: REOPENING
If you feel that you have been convicted of a Part I (minor traffic matter) or Part II (parking matter) through no fault of your own, a re-opening might be an option for you. You can apply for reopening if, for example, you were unable to request or attend a trial because you were out of the country, or you had an emergency situation, or you were seriously ill, or did not receive the Notice of Trial by mail.
The reopening must be requested at the administration office of the court address indicated on the back of your ticket. Once the paperwork is complete the person requesting the reopening will see a Justice of the Peace. If a reopening is granted, the original conviction and fine are struck and a new trial is given, normally at the same time. A reopening can be requested at the appropriate court office Monday to Friday (except holidays) between 8:30 AM and 2:00 PM. (You have to keep in mind that sometimes the large volumes may necessitate a cut off earlier than 2:00 PM, so, go as early as you can)
How Reopening Is Processed
In accordance with the Provincial Offences Act, “if a defendant who has been convicted without a hearing attends at the court office during regular office hours within fifteen days of becoming aware of the conviction and appears before a justice requesting that the conviction be struck out, the justice shall strike out the conviction if he or she is satisfied by affidavit of the defendant that, through no fault of the defendant, the defendant was unable to appear for a hearing or a notice or document relating to the offence was not delivered”.
Application to strike out conviction
A defendant who was convicted without a hearing may, within 15 days of becoming aware of the conviction, apply to a justice to strike out the conviction.
Striking out the conviction
Upon application, a justice shall strike out a conviction if satisfied by affidavit of the defendant that, through no fault of the defendant, the defendant was unable to appear for a hearing or for a meeting or the defendant did not receive delivery of a notice or document relating to the offence.
If conviction struck out
If the justice strikes out the conviction, the justice shall,
- proceed, if the offence notice does not require the notice of intention to appear to be filed in person and the defendant wishes to proceed;
- direct the clerk of the court to give notice to the defendant and the prosecutor of the time and place of their meeting, if the offence notice requires the notice of intention to appear to be filed in person and the defendant wishes to proceed; or
- direct the clerk of the court to give notice to the defendant and the prosecutor of the time and place of the trial
Rescheduling time of trial
The clerk of the court may reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days.
A justice who strikes out a conviction shall give the defendant a certificate of the fact in the prescribed form.
As you can see, the re-opening process requires experience, time and lots of paperwork. Actually, the reopening is an uphill battle. Trust CPsolutions with your problem and we will provide you with the best solution possible.