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Summary Offences |
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Summary Offence Tickets
What do speeding, littering on a beach, parking on the street during a snow storm, hunting while disqualified, creating a disturbance while on a trail, and being intoxicated in a public place have in common? If you do any of them, you might get a summary offence ticket.
What is a summary offence ticket?
A summary offence ticket is one issued by a peace officer under Nova Scotia laws, such as the Motor Vehicle Act or the Liquor Control Act, or under some federal laws, such as the Canada Wildlife Act or National Parks Act. It is not a criminal charge. Examples of a summary offence ticket include a ticket for:
• speeding;
• operating an off-highway vehicle without a permit;
• parking on the street during a snow storm;
• littering on a beach or in a provincial park;
• constructing a building without a permit;
• under age drinking;
• being intoxicated in a public place; or
• having open liquor in your car.
What is a traffic ticket?
Generally there are two types of traffic tickets. Provincial offences under the Nova Scotia Motor Vehicle Act generally apply to a moving vehicle. Examples include speeding, failing to obey traffic signs and improper passing. A parking infraction notice is either a provincial Motor Vehicle Act offence or a municipal by-law offence involving parking violations, such as parking at an expired meter, parking on private property and parking during a restricted time period.
What is a liquor violation ticket?
A liquor violation is an offence under the Nova Scotia Liquor Control Act. These offences include underage drinking, supplying alcohol to minors, public intoxication and having open liquor in a car.
Do you have to give your name and address to the police officer writing the ticket?
Yes. If you are stopped for a traffic violation, you must give the officer your name and address, the name and address of the vehicle’s owner, your driver’s licence and the car registration. You should also show proof of insurance. If the officer is writing a ticket for a liquor violation you should give him or her your name and address. Click here to read more about "You and the Police".
Do I have to pay the fine right away?
No. You do not need to pay the ticket immediately if you intend to contest it.
If you want to contest the ticket you must go to court on the date and time on the ticket and plead not guilty. You will be given a trial date. If your case goes to trial and you are convicted you must pay the fine. Sometimes you may be able to work off the fine through the Fine Option Program.
Voluntary payment of the fine means you are pleading guilty. You may pay the fine at any court administration office in the province before the court date, either in person or by mail (cheque or money order). You can do this if there is a fine amount written on your ticket – if there is no fine amount written on your ticket (or it may say ‘NIL’), then you must go to court.
In some parts of the province you may pay a parking ticket by telephone or online (by credit card) – you can check with your municipality to see if this service is available in your community.
You may go to court and ask the court for time to pay the fine, or you may be able to register with the Fine Option Program. The Fine Option Program involves doing volunteer work to pay off a fine. The program is only available for some offences. You can contact the Fine Option Program at (902) 424-8297 or 1 866 443-6995 to find out whether you would qualify. Visit the Fine Option Program website at http://www.gov.ns.ca/just/Corrections/fine_option.asp
As well, Nova Scotia’s Remission of Penalties Act allows a judge to ‘forgive’ part or all of a provincial fine if the offender can show that he or she cannot reasonably afford to pay the fine.
If you have a number of unpaid parking tickets you may be prevented from renewing your driver’s licence and registration.
What happens if I don’t pay the fine or show up in court on the required date?
If you don’t show up in court on the required date you may be:
• convicted of the offence, and
• prevented from renewing your driver’s licence and registration.
A judge may also issue a warrant for your arrest.
Contact the court as soon as possible if you are unable to attend court on the required date. Visit www.courts.ns.ca, or look under 'Courts' in the government blue pages of the telephone book for court contact information.
How do I fight a summary offence ticket?
To fight a ticket you or your lawyer should go to court on the date and time indicated on the ticket and plead not guilty. The court will set a trial date. On that trial date, you must go to court and either present your own defence or have a lawyer represent you.
If you are defending yourself, take some time before your court date to decide what you are going to say and whether you have witnesses or other evidence to support your case. Think about what questions you want to ask witnesses. If you think that a witness might not turn up you should arrange with the court administration office to have them subpoenaed (ordered) to come to court. Do this well before your court date.
If the Crown has witnesses you will be able to ask them questions. This is called cross-examination.
You might want to attend court before your hearing date, just to watch some trials and get a feel for how the process works.
The Halifax Regional Municipality has a review process for disputing some types of parking tickets before going to court. For more information contact the Halifax Regional Municipality at 902-490-4000 or 1 800-835-6428, or visit: http://www.halifax.ca/revenue/genrev/parking_tickets.html
Is the ticket still valid if my name is wrong or other information is incorrect?
If information on the ticket is incorrect it doesn’t mean that you can ignore the ticket. You will still have to go to court to plead not guilty.
A minor spelling or typographical error does not invalidate a ticket. However, if your name is seriously misspelled and this puts your identity into doubt, you may have grounds to challenge the ticket. Also, if the ticket contains incorrect information concerning the date and location of the offence, or does not adequately describe what you have been charged with, you may have grounds to challenge the ticket.
The information that the Crown Attorney presents to the court must be consistent with the information set out in the ticket. The prosecution may be allowed minor amendments to the information on the ticket. However, if the ticket is full of errors, it may not be accepted as reliable evidence.
Is the ticket still valid if the police officer doesn't sign it?
When an officer gives you a provincial summary offence ticket, other than a parking infraction ticket, the officer will print his or her name on the portion that he or she gives you. Once the officer has given you your copy of the ticket, the officer will sign the affidavit of service at the bottom of the police and court copies. The affidavit states that the officer personally delivered the ticket to you (the Defendant). The court copy of the ticket will have the officer’s signature, and will be used as proof of service (proof that the ticket was given to you) in court. Your copy would not have the officer’s signature on it.
When issuing a parking infraction ticket, the officer must certify how the ticket was served and the date of service. The officer can complete the ticket and sign it by electronic means.
Does the police officer have to give me a warning the first time?
No, the officer can give you a ticket if he or she has reasonable and probable grounds to believe that you committed the offence. There is no requirement that the officer give you a warning.
If I get a ticket, do I have a criminal record?
You do not get a criminal record if you are convicted of an offence under a provincial or municipal law such as traffic or liquor offences, or parking violations. However, a record of convictions for summary ticket offences, such as traffic or liquor offences, may appear during a CPIC (Canadian Police Information Centre) or JEIN (Justice Enterprise Information Network) search. Although not a criminal record, this information can be used at sentencing if you are later convicted of other offences.
You only get a criminal record for conviction of offences under the Criminal Code of Canada and certain other federal laws such as the Controlled Drugs and Substances Act. This is what most people refer to as a Criminal Record – it is a record of convictions for criminal offences.
Where can I get more information?
- The Nova Scotia Department of Justice, Court Services Division publishes a Summary Offence Ticket Information Guide
- review 'Going to Provincial Court', which provides an overview of the court process.
- your local Provincial Court can also provide information about issues such as court scheduling and fine payment. Visit www.courts.ns.ca, or look under 'Courts' in the government blue pages of the telephone book.
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