Area of Law: Provincial Law
Answer # 2622
In what ways can you respond to a ticket?
Region: Ontario Answer # 2622Receiving a ticket means that a formal legal proceeding has started under the POA and creates a legal duty to respond. In most cases, a person must respond within 15 days of receiving the ticket.
For a ticket that is not a parking ticket, the Ontario Court of Justice guide explains that there are two types of tickets, and your options depend on which form you received:
1. All tickets that are not parking tickets
For a ticket that is not a parking ticket, the Ontario Court of Justice guide explains that there are two types of tickets, and your options depend on which form you received:
Ticket Type 1 (Form 3)
- If you received a Form 3 ticket, you generally have three options:
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- Plead guilty by paying the total amount shown on the ticket;
- Go to the court office shown on the ticket to plead guilty and make submissions about the penalty (including the fine amount or time to pay); or
- Ask for a trial date, following the instructions on the back of the ticket.
Ticket Type 2 (Form 4)
Instead of option 2, you may be able to request a meeting with a prosecutor (by checking a box on the ticket), and you will then receive notice of the meeting date and time. Meeting with a prosecutor does not give up the right to a trial, and possible resolutions may include withdrawal of the charge or a guilty plea to a less serious charge.
What if you do not respond to the ticket?
If you do not respond to the ticket, it will be reviewed by a justice of the peace, and if the ticket does not contain any fatal flaws, then a conviction will be entered against you. If the ticket contains a fatal flaw, the court can dismiss the ticket. An example of a fatal flaw is if the defendant’s name is not on it or there is no offence date or no location or if the officer did not sign the ticket. A minor error such as a misspelled name is not a fatal flaw.
2. Parking Tickets
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- Plead guilty by paying the total amount shown on the ticket
- Ask for a trial date by following the instructions on the back of the parking ticket.
A ticket might be dismissed if it has a “fatal flaw” meaning that it lacks critical information such as the officer’s signature, date, or the alleged offender’s name. If you believe that your ticket has a fatal flaw, you may dispute the ticket (option 2 if available in your region or option 3) on these grounds. If no response is made within the required time, the court may enter a conviction in the person’s absence. This is sometimes referred to as a default conviction.
More information
For more information on fighting a traffic ticket, view How do you defend a traffic ticket?
More information on traffic tickets, fines, and how to request a meeting to resolve your case, can also be found at ontario.ca.
You now have options: