I got a stunting ticket in the mail. Dash cam user complained to police about me.

[shakalaka]

Basically on the trial date the expectation was that you STILL had to e-mail them to say today is your trial and that you understand it will be adjourned automatically. Seems like you didn't do it. So technically it's not entirely their fault - though, they should have told you to do so in that email.

That being said you can now prepare a set aside application (within 15 days of finding out that you've been convicted in absence) and fill out the Affidavit and submit it. Typically you will appear in front of a judge to explain and that judge decides whether the conviction can be set aside or not. But in your circumstances, I don't see how they can say no to setting it aside. Can just be chalked about to miscommunication etc. Also in this case they may just set it aside without you having to appear and explain etc based on the e-mails but I would do up the set aside application regardless and basically explain what transpired exactly in there.

Conviction will be set aside and then well keep the fight going.

[16hypen3sp]

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Basically on the trial date the expectation was that you STILL had to e-mail them to say today is your trial and that you understand it will be adjourned automatically. Seems like you didn't do it. So technically it's not entirely their fault - though, they should have told you to do so in that email.

That being said you can now prepare a set aside application (within 15 days of finding out that you've been convicted in absence) and fill out the Affidavit and submit it. Typically you will appear in front of a judge to explain and that judge decides whether the conviction can be set aside or not. But in your circumstances, I don't see how they can say no to setting it aside. Can just be chalked about to miscommunication etc. Also in this case they may just set it aside without you having to appear and explain etc based on the e-mails but I would do up the set aside application regardless and basically explain what transpired exactly in there.

Are we actually supposed to do that shak? the emails on Aug 6 confirmed that it wouldn't be happening and to contact them after Aug 17th. And I still cant enter court until after Sept. 4th.

[shakalaka]

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Are we actually supposed to do that shak? the emails on Aug 6 confirmed that it wouldn't be happening and to contact them after Aug 17th. And I still cant enter court until after Sept. 4th.

You can go to the court actually. I see people at the Edmonton traffic counter all the time. I mean based on the e-mail exchange they may put aside the application automatically now that you've brought it to their attention but I personally wouldn't want to wait and see if that will happen and then not even be able to do a set aside application once 15 days are up. Your call ultimately. But yea this whole process has been fucked - even though traffic matters are all being adjourned, I've still been having our student contact them on the day of matter to ensure they don't convict my clients in absence and their procedure has been to convict people in absence if no one has contacted them on that day.

So the clerk that emailed you basically just fucked up. Even the link you posted at the bottom in bold says 'you must still contact..' or whatever blah blah.

[16hypen3sp]

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You can go to the court actually. I see people at the Edmonton traffic counter all the time. I mean based on the e-mail exchange they may put aside the application automatically now that you've brought it to their attention but I personally wouldn't want to wait and see if that will happen and then not even be able to do a set aside application once 15 days are up. Your call ultimately. But yea this whole process has been fucked - even though traffic matters are all being adjourned, I've still been having our student contact them on the day of matter to ensure they don't convict my clients in absence and their procedure has been to convict people in absence if no one has contacted them on that day.

So the clerk that emailed you basically just fucked up. Even the link you posted at the bottom in bold says 'you must still contact..' or whatever blah blah.

Well.... that fucking sucks. I was lead to believe I had to contact them after the 17th.

Also, I think Edmonton and Calgary courts have been reinstated but the rest of Alberta has been adjourned until after the 4th.

I have no problem pursuing it at the courthouse tho. I can check it out tomorrow and see what happens.

[shakalaka]

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Well.... that fucking sucks. I was lead to believe I had to contact them after the 17th.

Also, I think Edmonton and Calgary courts have been reinstated but the rest of Alberta has been adjourned until after the 4th.

I have no problem pursuing it at the courthouse tho. I can check it out tomorrow and see what happens.

Yea it's possible that Red Deer is different. RD in general is one of the most messed up court jurisdictions to deal with including some of the judges and their pre-conceived crown friendly notions. If you're close by, just go there and see if you can get the clerks to give you the set aside application and then the form is basically pretty self explanatory if you need to do one.

[16hypen3sp]

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Yea it's possible that Red Deer is different. RD in general is one of the most messed up court jurisdictions to deal with including some of the judges and their pre-conceived crown friendly notions. If you're close by, just go there and see if you can get the clerks to give you the set aside application and then the form is basically pretty self explanatory if you need to do one.

Not a problem. I actually found the set aside application in the Alberta courts website... filled in my info. I'll go there tomorrow morning and see what happens. I am close by. I also printed off all the email correspondence to show them. Thanks for the help here shak.

[spikerS]

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Yea it's possible that Red Deer is different. RD in general is one of the most messed up court jurisdictions to deal with including some of the judges and their pre-conceived crown friendly notions. If you're close by, just go there and see if you can get the clerks to give you the set aside application and then the form is basically pretty self explanatory if you need to do one.

Yup, I had to do this whole process when I was younger and borrowed my Dad's car. I got pulled over for a U-turn, and I didn't have the insurance or registration. Cop thought he was cutting me a deal and just gave me a failure to produce ticket as it was cheaper. A few months later, I was applying for a job and needed a driver's abstract only to find out I had 6 demerits from that one ticket! I filed the paperwork for "permission to file a late appeal". The judge granted it, and the CP contacted me to state they were quashing the ticket as the section the officer charged me with was designed to work in conjunction with 2 other tickets designed to strip a DL from someone who failed to stop for a police officer and took off. It got quashed, the demerits fell off my abstract, and the officer never bothered to re-issue. Never did get that job though as it took forever for the paperwork to go through the system and the demerits to drop.

[shakalaka]

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Not a problem. I actually found the set aside application in the Alberta courts website... filled in my info. I'll go there tomorrow morning and see what happens. I am close by. I also printed off all the email correspondence to show them. Thanks for the help here shak.

No worries. If this was local, I would have taken it over from you and had some fun with it at the same time. But I try to avoid RD as much as possible unless it's Gasoline alley.

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Yup, I had to do this whole process when I was younger and borrowed my Dad's car. I got pulled over for a U-turn, and I didn't have the insurance or registration. Cop thought he was cutting me a deal and just gave me a failure to produce ticket as it was cheaper. A few months later, I was applying for a job and needed a driver's abstract only to find out I had 6 demerits from that one ticket! I filed the paperwork for "permission to file a late appeal". The judge granted it, and the CP contacted me to state they were quashing the ticket as the section the officer charged me with was designed to work in conjunction with 2 other tickets designed to strip a DL from someone who failed to stop for a police officer and took off. It got quashed, the demerits fell off my abstract, and the officer never bothered to re-issue. Never did get that job though as it took forever for the paperwork to go through the system and the demerits to drop.

Bunch of cowboys over there - the whole lot of them from the very bottom to the top.

[16hypen3sp]

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No worries. If this was local, I would have taken it over from you and had some fun with it at the same time. But I try to avoid RD as much as possible unless it's Gasoline alley.

Can't argue with that haha.

[16hypen3sp]

Just finished up with the clerk at the court house. A new trial date is being created for this now and will be emailed or mailed to me. We’ll see what happens.

[16hypen3sp]

Crown just offered me a deal again. What say beyonders? $155 and remains RO ticket.

[killramos]

Take it to the supreme court

[16hypen3sp]

From RDDP on Aug. 26:

please disregard this. your ticket has been set for November 16, 2020. you need to contact the court on this date to follow up if tickets are proceeding or not due to covid. it is your responsibility.

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Also, just tried to register my trailer and as expected, the registry couldn't do it. The court clerk told me that the conviction should be removed tonight so I will try to register it tomorrow.

[colsankey]

I'm a guy with little free time. $150 and washing my hands of it would be my choice. But I'm all for sidelines cheering you on for your day in court.

[shakalaka]

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From RDDP on Aug. 26:

please disregard this. your ticket has been set for November 16, 2020. you need to contact the court on this date to follow up if tickets are proceeding or not due to covid. it is your responsibility.

-------------------------------------------------------------------------------------

Also, just tried to register my trailer and as expected, the registry couldn't do it. The court clerk told me that the conviction should be removed tonight so I will try to register it tomorrow.

What a gong show man. But at least you got it sorted.

[spikerS]

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I'm a guy with little free time. $150 and washing my hands of it would be my choice. But I'm all for sidelines cheering you on for your day in court.

+1

No demerits, and $150. I would just pay it and forget it. But that is me and not the OP, and am happy to cheer him on and see where it goes.

[88CRX]

I want you to fight it to the end.... for entertainment purposes.

But if it was my ticket and my time, fuck that noise. Here's $150 now fuck off.

So yea, fight it to the end!

[rage2]

We told you to take a deal on page 1. You've entertained us through months of this. We're all invested. Quitting now would be quitting on all of beyond.

[16hypen3sp]

Still wants me to plead guilty to a charge that exempts cycles tho. I haven't responded to him yet. Waiting to see what you guys all think.

I don't have an issue with keeping the fight going, but they date they selected is when I'm working away of course, so I'd have to file another bring forward motion again.

[brucebanner]

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I'm a guy with little free time. $150 and washing my hands of it would be my choice. But I'm all for sidelines cheering you on for your day in court.

I have lot's of free time while on days off, I'd still likely pay the fine with no demerits.

But like others said, I vote you still fight since you've wanted to fight it from the start.