[问题] 怎样应付罚单?
- 主题发起人 oread
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keen_observer
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From your description, I think your traffic offence case is unjustified. For your defendent statement (plea), use the the facts below to convince the judge that you are not guilty:
1) Police car, in font of you, stopped at the "stop sign", and you have waited for an unreasonable length of time without seeing any intention that police is going to move.
2) You have ascertained that it was safe to move to the other lane for by-passing the stationary police car before entering the intersection.
3) you stopped your car before entering the intersection becasue there is a "stop sign".
"Plea" does not mean "plea of guilty". In dictionary, "plea" means a defendent statement.
1) Police car, in font of you, stopped at the "stop sign", and you have waited for an unreasonable length of time without seeing any intention that police is going to move.
2) You have ascertained that it was safe to move to the other lane for by-passing the stationary police car before entering the intersection.
3) you stopped your car before entering the intersection becasue there is a "stop sign".
"Plea" does not mean "plea of guilty". In dictionary, "plea" means a defendent statement.
keen_observer
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Four options for defendent
(although it is taken from city of Toronto's website, I believe it would be similar in Ottawa. http://www.city.toronto.on.ca/court_services/faq.htm)
1. Plea of Guilty - Payment Out of Court
A defendant who has been served with an Offence Notice and chooses not to contest the charge may make payment to the court office on the front of the Offence Notice. The defendant must pay the "total payment" in full. Payment is deemed a plea of guilty.
Payment can be made in person or by mail. If a partial payment is made, or if the defendant's cheque is returned for insufficient funds, the fine will not be considered paid.
2. Plead Guilty with an Explanation
This option is available to defendants who do not wish to dispute the charge, however wish to plead guilty before a Justice of the Peace and make a submission about sentence. You or an agent must attend in person at the court office designated on the back of your Offence Notice. Time and dates are also listed. Upon your arrival at the designated court, you must register your name with our counter staff. Staff will instruct you accordingly after you sign in.
A Justice of the Peace will read the charge to the defendant/agent and register a conviction. The defendant's submissions can only result in a reduction in the fine, or an extension of the time to pay. The conviction is registered with the Ministry of Transportation and demerit points are registered accordingly.
3.Trial Option
Two options are available under this alternative.
1. Scheduling of a trial
The trial option requires you or an agent to attend the court office designated on the back of your Offence Notice to complete a Notice of Intention to Appear (NIA). A trial date will be set and mailed to you within eight weeks of filing your NIA. If you do not receive a trial notice within this period, please contact the general inquiry line at 416-338-7320.
If an agent is representing you, you must authorize the court, in writing, to mail the trial notice to your representative.
2. Scheduling of First Attendance
The City of Toronto is designated under Bill 47 to provide the option of First Attendance. To exercise this option, you must call the court office designated on the back of your Offence Notice to set an appointment to talk with the prosecutor. A hearing date will be provided to you by court staff. The investigating officer does not attend the hearing. At the hearing, your matter may be resolved by entering a guilty plea, in which case you may receive a lesser fine or charge.
If the matter cannot be resolved, your trial option remains available and you can set a trial date. If you have any questions regarding your charge (witnesses or trial procedure) the prosecutor will be able to assist you.
In your case, i think you may want to schedule a trail or first attendance. You may want to consider file a complain against the police officer after you won the case (can not let this guy get away).
(although it is taken from city of Toronto's website, I believe it would be similar in Ottawa. http://www.city.toronto.on.ca/court_services/faq.htm)
1. Plea of Guilty - Payment Out of Court
A defendant who has been served with an Offence Notice and chooses not to contest the charge may make payment to the court office on the front of the Offence Notice. The defendant must pay the "total payment" in full. Payment is deemed a plea of guilty.
Payment can be made in person or by mail. If a partial payment is made, or if the defendant's cheque is returned for insufficient funds, the fine will not be considered paid.
2. Plead Guilty with an Explanation
This option is available to defendants who do not wish to dispute the charge, however wish to plead guilty before a Justice of the Peace and make a submission about sentence. You or an agent must attend in person at the court office designated on the back of your Offence Notice. Time and dates are also listed. Upon your arrival at the designated court, you must register your name with our counter staff. Staff will instruct you accordingly after you sign in.
A Justice of the Peace will read the charge to the defendant/agent and register a conviction. The defendant's submissions can only result in a reduction in the fine, or an extension of the time to pay. The conviction is registered with the Ministry of Transportation and demerit points are registered accordingly.
3.Trial Option
Two options are available under this alternative.
1. Scheduling of a trial
The trial option requires you or an agent to attend the court office designated on the back of your Offence Notice to complete a Notice of Intention to Appear (NIA). A trial date will be set and mailed to you within eight weeks of filing your NIA. If you do not receive a trial notice within this period, please contact the general inquiry line at 416-338-7320.
If an agent is representing you, you must authorize the court, in writing, to mail the trial notice to your representative.
2. Scheduling of First Attendance
The City of Toronto is designated under Bill 47 to provide the option of First Attendance. To exercise this option, you must call the court office designated on the back of your Offence Notice to set an appointment to talk with the prosecutor. A hearing date will be provided to you by court staff. The investigating officer does not attend the hearing. At the hearing, your matter may be resolved by entering a guilty plea, in which case you may receive a lesser fine or charge.
If the matter cannot be resolved, your trial option remains available and you can set a trial date. If you have any questions regarding your charge (witnesses or trial procedure) the prosecutor will be able to assist you.
In your case, i think you may want to schedule a trail or first attendance. You may want to consider file a complain against the police officer after you won the case (can not let this guy get away).
oread
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罚单背后的OPTION 3: TRIAL OPTION下有两条:
1. I INTEND TO APPEAR IN COURT TO ENTER A PLEA AT THE TIME AND DATE SET FOR TRIAL.
2. I INTEND TO CHALLENGE THE EVIDENCE OF THE PROVINCIAL OFFENCES OFFICER, YES OR NO
NOTE: IF YOU INDICATE "NO" ABOVE, THE OFFICER MAY NOT ATTEND AND THE PROSECUTOR MAY RELY ON CERTIFIED STATEMENTS AS EVIDENCE AGAINST YOU.
keen_observer: 从这段话看来, 第一项似乎是你说的FIRST ATTENDANCE, 但这第二项的"NO"又是什麽? 回答"YES"警察就一定会出庭吗? 有何建议?
1. I INTEND TO APPEAR IN COURT TO ENTER A PLEA AT THE TIME AND DATE SET FOR TRIAL.
2. I INTEND TO CHALLENGE THE EVIDENCE OF THE PROVINCIAL OFFENCES OFFICER, YES OR NO
NOTE: IF YOU INDICATE "NO" ABOVE, THE OFFICER MAY NOT ATTEND AND THE PROSECUTOR MAY RELY ON CERTIFIED STATEMENTS AS EVIDENCE AGAINST YOU.
keen_observer: 从这段话看来, 第一项似乎是你说的FIRST ATTENDANCE, 但这第二项的"NO"又是什麽? 回答"YES"警察就一定会出庭吗? 有何建议?
keen_observer
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Sage,
I don't really understand the statement printed on the traffic ticket. To avoid confusion, I suggested you to phone Ottawa city Provincial offense admistration to find out how to schedule a First Admittance, and ask the operator what information, such as
1) what do you need to choose on the ticket if you want to schedule a trail
2) What are the differences between the options under the TRAIL OPTION category?
3) How do you schedule a First Admittance?
4) Who will be in the First Admittance?
5) What is First admittance?
6) what you need to bring to the First admittance
7) do you need to mail the ticket back to the Provincial court within 15 days, and indicating that you choose the dispute option (option 3)
8) if you need more information regarding the trail process, who can you call?
Once you are in the first admittance, you should be able to meet with someone who is more knowledge about the subject. Based on the information I posted last night, you will be meeting with the prosecutor; he should be able to give you some advice regarding the trail process.
The web link of City of Ottawa's Provincial Offence Court FAQ section I posted last night does not work. I attached a new one here:
http://city.ottawa.on.ca/inside_govt/prov_crt/provoffcrt_faq_en.shtml
For Ottawa Provincial Offences Court Location & contact no:
http://city.ottawa.on.ca/inside_govt/prov_crt/provoffcrt_en.shtml
keen_observer
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Good luck with your trial.
keen_observer
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Sage,
You may want to consider to attend some of the traffic trails, and get yourself familiar with trail process, the types of questions they are going to ask, and the ways of presenting your evidence effectively.
I am not sure if the traffic court allows guests in Ontario, but you can always phone them to find out.
oread
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向大家报告一下进展：我们赢了！
警察今天也出庭了。作为证人，警察先将当时情况讲述了一遍，检察官又问了几个问题。法官也问了几个问题。在我们还没有开始辩护之前，法官就说证据不足，判为无罪。
这个案子的关键在于警察没有控诉我们“OBSTRUCTION OF TRAFFIC"，而是“DRIVING ON THE WRONG SIDE OF STREET"。法官认为横向街上的车根本不在考虑范围之内。对于这两个指控，法官的理由是，因为下雪，所以地上的线看不清，而我们又的确在停牌前停下了。所以两个指控都不成立。那个警察气坏了，出来后还一脸悻悻然。哈哈，爽呆了！
警察今天也出庭了。作为证人，警察先将当时情况讲述了一遍，检察官又问了几个问题。法官也问了几个问题。在我们还没有开始辩护之前，法官就说证据不足，判为无罪。
这个案子的关键在于警察没有控诉我们“OBSTRUCTION OF TRAFFIC"，而是“DRIVING ON THE WRONG SIDE OF STREET"。法官认为横向街上的车根本不在考虑范围之内。对于这两个指控，法官的理由是，因为下雪，所以地上的线看不清，而我们又的确在停牌前停下了。所以两个指控都不成立。那个警察气坏了，出来后还一脸悻悻然。哈哈，爽呆了！
