If you’ve missed a scheduled traffic court date in Ontario, you may be feeling anxious about the potential repercussions. Whether it was due to a simple oversight, a misunderstanding of the date, or an unforeseen emergency, it’s crucial to recognize the consequences that can arise from missing a court date for a traffic ticket.
In this blog, we will explore what to do if you miss your court date for a traffic ticket in Ontario, whether you can reschedule, and when to seek legal assistance.
What Does Failure to Appear in Court Mean?
The Criminal Code of Canada (Section 145) states that the offence of failing to appear in court occurs when an individual, without a lawful excuse, fails to attend court, even if it is for a traffic ticket.
This applies regardless of whether it is their first appearance or if they have appeared in court previously. Even individuals who have attended court in the past but fail to appear as required later on can be charged with failing to appear.
What Happens If You Miss A Court Date For A Traffic Violation In Ontario?
If you fail to attend your scheduled traffic court date in Ontario, the court may issue a default conviction for your traffic violation.
This scenario means you could be declared guilty in your absence, and the penalties associated with the offence such as fines, demerit points, licence suspensions, or even further legal repercussions, will be enforced. Neglecting to appear in traffic court can result in additional financial penalties, compounding the consequences of your initial violation.
What Should I Do If I Can’t Attend Court On A Scheduled Date?
If you know in advance that you cannot attend your scheduled court date or proceed with your case, it is important to contact the court office listed on your ticket or summons as soon as possible. Inquire if the date can be rescheduled and, if so, how to do so.
If you are unable to attend the scheduled court date, you or someone acting on your behalf must go to the court and speak with the Justice of the Peace to request a rescheduling and explain the reason for your absence.
Be aware that if it is a trial date and the justice of the peace decides not to reschedule, your trial may continue without you, and you could be found guilty.
How Do I Re-Open a Traffic Ticket in Ontario?
To reopen a traffic ticket case in Ontario, you must submit a reopening application to the court where your conviction was recorded. This application should typically be filed within 15 days of learning about the conviction.
In your application, you need to explain why you couldn’t attend the original hearing, and it must be sworn or affirmed before a Justice of the Peace. Drivers may want to re-open a traffic ticket case if:
- The court office made an error and the driver was convicted of the ticket.
- The driver missed the court date and was convicted of the ticket.
What Should You Do If You Missed Your Court Date
If you missed a traffic court date, here’s what you should do:
- Immediately contact the court office: As soon as you realize that you have missed your traffic court date, reach out to the court office where your hearing was scheduled. Inquire about the process for submitting a reopening application.
- File a reopening application: You can prepare and file a reopening application. This process involves formally requesting the court to reconsider your case due to your absence. You will need to provide a valid reason for missing the court date.
- File an appeal if a reopening is denied: If your reopening application is denied, you have the option to file an appeal. This process entails taking your case to a higher court and requesting a review of the decision. It is often beneficial to seek legal advice when filing an appeal to ensure that it is thoroughly prepared.
- Seek legal advice: Consulting with a legal professional, such as a paralegal who specializes in traffic law, may be advantageous. At JusticeJolt, we can provide guidance on the best course of action and assist you with filing a reopening application or an appeal.
Get Legal Support For Missed Traffic Ticket Trials
Searching for legal support for a missed traffic court hearing? Whether you have questions about fighting traffic tickets in Ontario, or need legal support for a missed court date, JUSTICEJOLT can help you. Contact us for a consultation today.