I'm not sure if this is a rule in the US, but here in Canada, I heard that if you get a ticket and you decide to take it to court, that if the court date is set to over 365 days after the date of the ticket, that the ticket is no longer valid.

I was going home on March 2, 2007, from work, at 6:30pm. Usually I leave work at around 7pm, but on that day I left earlier. As I was approaching my house, there's this street that you can only turn left after 7pm. Because I had taken this course every day home from work, I didn't even think that it wasn't 7pm, yet (it was around 6:30), so I turned left. A f*****g cop pulls me over, walks to my car, says, "you turned left before 7pm. Licence, please." That was it! Nothing else. He goes over to his car... comes back 5 minutes later, hands me some paper and my licence, and leaves (that was IT)! Sure enough, it was a ticket for $150 + 3 demerit points.

I filed for court. My court date is scheduled for this Friday, March 7, 2008. The date of my infraction was March 2, 2007. Do you guys know of this 365 rule? Are there any exceptions (like, it must be 365 days from the date you actually filled for a court date and not the actual date of the ticket?) Any advice for what I should say in court (it's my first - hopefully the last ;-)

 

is the time on the ticket? if so you might be able to get them to go easy on you for it being the first ticket. then again i dunno how the court system really works here or up there.

just explain what you told us, its your usual route and you did notice it was earlier.

as far as that 365 rule, never heard of it, but once again, i dont live there.

anyways, luck with it.

 

if there's a time on the ticket? Yeah, I got the ticket at 6:30pm. If you were asking if there's a number of times I got ticketed, already, then no, there isn't. Probably it being my 1st ticket, I can work it to my advantage... we'll see how that works.

Yeah, that's what I was thinking, just explaining why I turned left. Here in Canada, when you go to court for driving tickets, you get 3 options:

1. guilty
2. not guilty
3. guilty with an explanation

If after telling them about this 365 rule they give me some bs that it's not valid in my case for whatever reason, then I'm gonna opt for option (3) - guilty with an explanation wink1.gif

 

I dunno. In todays society I don't think its as fair in big court systems to say "yes I did it and here's why". I think in todays world you have to just deny everything.

Good luck man, If i was the judge and this was your first ticket and thats the explanation you gave, i would let ya off with a warning or 30 days probation or something like that.

 

If you're in Ontario... "You have the right to a fair and speedy trial" is what I was told. I knew about the 365 day rule, but I think it might apply to when they issue the court date. If they don't issue one within 365 days, you may be off the hook.

Regardless, fight every ticket that you get, providing you don't have to miss a day of work. Most of the time, they'll reduce the fine. I had a couple for $110 for the blue washer nozzles on my old car, and both were dropped down to $75.

Chances are, if you're well dressed (shirt & tie, it shows respect for the court), and hold your ground on your story about ALWAYS taking that route, and making that left was a force of habit because you always get to that point after 7, they may let you off the hook. ESPECIALLY if its your first ticket.

Oh, and depending on the region that you're in....the cop may not even show up.

 

All a matter of the statute of limitations on the infraction. That changes based on what it is.

 

i would doubt the 365 rule, if even in existance would apply.. i believe its within 365 dayd of infraction of getting a court date anyway.

i would fight it.. come well dressed, explain your situation. being such a minor violation and your first violation, odds are it will be thrown out..

i haven't gotten a ticket in 3 years.. i just recently got three in one stop. seat belt, cell phone, no current proof of insurance. all three got thrown out because i have had no recent infractions. all i got was a 59$ court cost fee and 90 days where i can't get another ticket. then its all wiped clean.

 

Do you speak French? Cause if you do, you could have requested the hearing be held in French, and most of the time they can't get an interpreter. That's what my husband does. And yeah, if it's been a year, the cop probably couldn't be bothered with showing up.

 

I was actually wondering about how to dress up, so thanks for the advice, guys.

lol, that is so cool! So you can actually delay the court by asking for a French interpreter (lol). Man, I never thought of that one. Unfortunately I don't speak French. Well, the basics, but definitely not to hold a conversation.

Bullfrog for judge!!! laugh.gif

 

^^ You may not speak french, but the trial will be in English, so you'll hear it all before its translated for you....the only problem is that your replies have to be in french....just remember

Oui (we): Yes
Non: No

lmao.gif


BUT DEFINITELY DRESS UP FOR IT. Going in with ripped jeans, and an "I'm with Stupid ^" t-shirt definitely will not impress anyone, and you'll more than likely have to pay the fine. Show respect for the court and the judge, and respect will be shown in return, ESPECIALLY for a first and accidental infraction.

Keep us posted!