Querying a ticket
A statement of offence is often referred to as a "contravention", "fine" or "ticket".
"Reporting misconduct" simply means that the police officer, a parking officer, the motor vehicle inspector or anyone else authorised to issue the ticket is claiming that you have done something prohibited by law and can prove it. In addition, this note serves as a starting point for legal action against you if you do not pay the fine.
The minutes will indicate more precisely:
- The name and function of the author of the alert (e.g. Yvan Bouteille, a police officer),
- The signature of the author of the alert (or his/her number and work unit, if the alert was made by electronic form),
- Your name and address (or the description and registration number of your vehicle if it is intended for illegal parking),
- A description of what you think you have done unlawfully ('offence') and whether you should plead guilty or not guilty to a minimum penalty for the offence;
- And the penalty they want to impose on you (like a $100 fine).
You will usually be notified of the offence in person. But depending on the situation, we can also leave the ticket on the windscreen or send it directly by post.
Please note that you may be issued a ticket for reasons other than driving. For example, you can get a ticket if:
- You have smoked in an area where it is prohibited,
- The restaurant sign does not comply with the law on sign language,
- You sold alcohol without a licence;
- or hunting protected game.
What to do when you receive a ticket?
What you should do when you receive a ticket is indicated on the ticket. In any case, you have 30 days from receipt to plead guilty or acquitted and send a reply to the address indicated in the ticket.
How to plead guilty or not guilty?
Admit guilt if you have committed the crime described in your report and wish to plead guilty, tick the 'guilty' box on the form provided with your report and follow the payment instructions provided on the report. Plead guilty.
Do not plead guilty if you are not guilty of the offence described in the report or if you are right, you can plead not guilty by marking 'not guilty' on the report form. For more information on what to do next, read 'I want to plead not guilty'. Is there anything I should know?
Do nothing
- a) Car fine (e.g. speeding). If you do not receive a reply after 30 days, the judge will examine your case in his office without notice and may order you to pay the fine and costs if you do not attend
- b) Other types of offences If you do not receive a reply after 30 days, you will be considered acquitted.
The case will be heard by a judge in court without notice. Everything will take place in your absence and you will be informed of the decision.
I don't want to plead guilty. Is there anything I should know?
As a first step, on the response form attached to the statement, you can write: 'Please disclose the evidence'. This will allow you to have copies of the evidence that the prosecutor (the person prosecuting you) has against you (see question "Can I have a copy of the police report?").
A form attached to a statement of offence in which you are asked to explain why you are not pleading guilty. Note that you do not have to fill it in at all. Providing this information may even be risky as it will be in the possession of the prosecutor and the judge and may be used in ways you had not intended.
A copy of the form before sending and keep the proof of sending (registered mail, e.g. slip)
You will receive a notice telling you that you must come to court at a certain date and time. This is called a 'notice of hearing'.
Finally, remember that if they are found guilty, there will be costs in addition to the fine.
Where and when will my hearing be held?
The date, time and place of the hearing will be indicated on the notice of hearing you receive. If you do not appear on that date, the judge may find you guilty or acquitted in your absence.
If you cannot be present on that date, you must call the court that sent you the notice of hearing as soon as possible. Most municipal courts hold hearings in the morning, afternoon and evening.
Applications for rescheduling are usually made in writing and it is imperative that you provide a good and legitimate reason for the rescheduling. The judge may ask you to come to court to clarify or read certain documents before agreeing to the rescheduling. He may also refuse to change.
The date specified in the notice of hearing remains valid until your application for rescheduling is approved.
How to prepare for a trial?
There is nothing more comforting than being well prepared! By being organised, you will be more efficient and make a better impression.
Note down the names and addresses of all witnesses (if any). It is best to ask them to save their version of what happened if the police have not already done so.
Contrary to popular belief, having witnesses is not necessarily useful. Why is this? Because you have no control over what the witness says in court and how he or she will react to questions from the prosecutor.
Write down your version of what happened as soon as possible after receiving the report so that you do not forget important details such as times, dates, colour of the car,