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What does a Manitoba ticket look like?
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How and where do I pay my fine or ticket?
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Where can I go in person to deal with a ticket?
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Do I need a lawyer or agent to go to court with me?
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What happens if I don't respond by the date shown on the ticket?
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What is a default conviction?
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Can I still contest a ticket even if I have a default conviction?
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What if I want to pay my ticket but there is no fine amount shown?
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Can I explain what happened even if I (plead guilty) give a guilty plea?
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What will happen to my merit points on my licence if I am convicted on a
traffic violation?
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If I can't afford to pay the entire fine right now, what can I do?
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How do I plead "not guilty" to my ticket?
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Where will my trial take place?
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What happens if I miss my trial date?
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How do I appeal my conviction/penalty?
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What will happen if I do not pay my fines by the due date?
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Court addresses in Manitoba
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What is a trial slip and why would I receive one?
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What happens in the courtroom?
1. What does a Manitoba ticket look like?
The two tickets most commonly used in Manitoba are
used for provincial and federal offences. The information on this
website refers to these two tickets – the Regular Ticket and the Photo
Enforcement Ticket. Follow the links below to
view the tickets.
For a
list of the most common offences these tickets are used for, and the
suggested fines, please see the
Brown Book.
2. How and where do I pay my fine or ticket?
Tickets issued in the Province
of Manitoba can be paid in person at the Summary Conviction Court Office
at 373 Broadway Avenue, Winnipeg or at any
rural Manitoba court
centre Monday to Friday between 8:30 a.m. and 4:30
p.m. (excluding holidays).
All
court centres accept debit
cards (Interac), credit cards (Visa and Mastercard), money orders,
cheques and cash.
You can also mail a cheque or money order to the
court centre address shown on your ticket or use a credit card (Visa or
Mastercard). There is an added fee for paying by
credit card. It is based on the amount of the ticket fine.
3. Where can I go
in person to deal with a ticket?
Brandon |
1104 Princess Avenue |
R7A 0P9 |
Dauphin |
114 River Avenue W. |
R7N 0J7 |
Flin Flon |
104 – 143 Main Street |
R8A 1K2 |
Minnedosa |
Box 414, 70 - 3rd Avenue S.W. |
R0J 1E0 |
Morden |
301 Wardrop Street |
R6M 1X6 |
Portage la Prairie |
25 Tupper Street N. |
R1N 3K1 |
Selkirk |
101 – 235 Eaton Avenue |
R1A 0W7 |
Steinbach |
284 Reimer Avenue |
R0A 2T3 |
Swan River |
201 - 4th Avenue S. |
R0L 1Z0 |
The Pas |
300 - 3rd Street E. |
R9A 1L2 |
Thompson |
59 Elizabeth Drive |
R8N 1X4 |
Virden |
232 Wellington Street W. |
R0M 2C0 |
Winnipeg |
100 – 373 Broadway |
R3C 4S4 |
4. Do I need a lawyer or agent to go to court with me?
You may attend Traffic Court in person or have an
agent appear on your behalf. If you want a lawyer or paid agent to
represent you, arrange for one as soon as possible, preferably before
you enter a plea or set a date for trial. An agent is someone you
authorize to represent you in court. It can be a friend, relative,
associate, lawyer or non-lawyer who represents people in traffic court
for a fee.
The lawyer or agent will need time to prepare your
case. If you don’t have a lawyer or agent by the trial date, the court
may not grant you the time (an adjournment) to get one, and may insist
that you represent yourself.
5. What happens if I don’t respond by the date
shown on the ticket?
On or before the “Respond” date shown on your
ticket you must do one of the following:
If you do not respond or pay your ticket by the final response date a warrant may be
issued for your arrest or you may be convicted in your absence (default
conviction). Default convictions carry a fee of $50.
6. What is a default conviction?
If you do not respond or pay your ticket by the
final response date in the “Respond” box on your ticket, you may be
convicted in your absence. This is called a default conviction. You will receive a default conviction notice in the mail
explaining your options and will be charged a default conviction fee of
$50 in addition to your fine.
7. Can I still contest a ticket even if I have a
default conviction?
Yes. If you have been convicted by default and
would still like to dispute your ticket, you may do so by applying for a
new hearing (Hearing De Novo) by the date shown on your default
conviction notice. Details explaining this process are printed on that
notice.
8. What if I want to pay my ticket but there is no
fine amount shown?
If you
have received a ticket with no fine amount shown, this means you have
been charged with an offence that includes a range of fines that may be
ordered. Your ticket must be reviewed by the court to decide the fine
amount, based on the circumstances surrounding the offence. The
court can decide how much the fine will be based on what happened that
resulted in you being charged.
To have your fine assessed, you must go to the
Summary Conviction Court office at 373 Broadway Avenue in Winnipeg or
any rural court centre between the response dates
indicated on your ticket. All court centres are open Monday to Friday
between 8:30 a.m. and 4:30 p.m. (excluding holidays).
9. Can I explain what happened even if I (plead
guilty) give a guilty plea?
The court may hear an explanation from you once you
have entered a guilty plea to the charge. This is called “guilty with
an explanation.” The court will consider your explanation when setting
the amount of your fine.
In the case of a photo enforcement ticket, the
registered owner is named in the ticket and therefore must respond. If
the owner was not driving, he or she can obtain a statement from the
driver and attach it to the ticket.
If the driver goes to court, he or she needs written authority from the
owner saying the owner is pleading “guilty” and that the driver is
attending to provide an explanation. The owner is still responsible for
any fine.
10. What will happen to my merit points on my
licence if I am convicted on a traffic violation?
The court is not responsible for administering
merit or demerit points on your driver’s licence. For further
information, see Manitoba Public Insurance regarding
Merit Mark and Demerit Point Programs.
11. If I can’t afford to pay the entire fine
right now, what can I do?
If the ticket is not overdue, go to the nearest
court centre and ask for time to pay your fine. You will be given at
least 14 days. If you require more than 14 days, you may need to
provide a reason.
If your ticket is overdue, you may be referred to a
collections officer to discuss your fine payment. For more information
on overdue fines, click here.
12. How do I plead “not guilty” to my ticket?
You must appear in court between the dates
specified in the “Respond” section on your ticket and enter a not-guilty
plea. Once this is done, a trial date will be set for you to appear at a
later date. If you request a trial by entering a not-guilty plea, you
must appear at the trial to plead your case. If you do not attend, a
warrant may be issued for your arrest or the trial may go ahead in your
absence.
In the case of a photo enforcement ticket, the
registered owner named in the ticket must enter a not-guilty plea. The
owner can get a written statement from the driver to present at the
trial or have the driver attend the trial on his or her own. If the
driver (who is not the registered owner) goes to court, he or she needs
written authority from the owner saying the owner is pleading “not
guilty” and that the driver will attend the trial.
If you cannot appear in person to enter a
not-guilty plea, sign the back of the ticket and
check off the box indicating that you wish to plead
“not guilty.” Sign it and mail your copy of the ticket to the court
address in the “Respond” box on the front of the ticket. The court
centre will advise you of the trial date by mail.
13. Where will my trial take place?
Trial dates are scheduled in the court centre
nearest to where the offence occurred. For example, if you received a
ticket in Thompson, the trial would take place in Thompson, even if you
live in Winnipeg.
14. What happens if I miss my trial date?
If you
do not attend your scheduled trial date, a warrant could be issued for
your arrest or the trial could proceed in your absence. This is called
an “ex parte hearing.” If you are found guilty, you will receive an ex
parte notice in the mail advising you of the outcome.
15. How do I appeal my conviction/penalty?
If you
disagree with the court’s decision after pleading guilty to a ticket or
after your trial, you may file a formal appeal in the Court of Queen’s
Bench within 30 days of that decision. There is a fee for filing
an appeal in the Court of Queen’s Bench. If your conviction resulted
from an ex parte hearing and you wish to appeal the decision, you will
need to get a transcript of the trial. There is an additional cost to
get a transcript.
16. What will happen if I do not pay my fines
by the due date?
If you do not pay your fines by the due date the
following may occur:
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You will not be able to renew your driver’s
licence until the fine is paid.
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The fine will be sent to a collection agency.
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The fine will be listed with a credit reporting
agency.
The following may also occur without advance
notice:
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Your wages or bank account may be garnished.
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The sheriff may be sent to seize your personal
property such as your vehicle, electronic equipment or other valuable
property.
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A lien may be placed against your home or other
property.
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Your GST and income tax refunds may be seized.
17. Court addresses in Manitoba
Brandon |
1104 Princess Avenue |
R7A 0P9 |
Dauphin |
114 River Avenue W. |
R7N 0J7 |
Flin Flon |
104 - 143 Main Street |
R8A 1K2 |
Minnedosa |
Box 414, 70 - 3rd Avenue
S.W. |
R0J 1E0 |
Morden |
301 Wardrop Street |
R6M 1X6 |
Portage la Prairie |
25 Tupper Street N. |
R1N 3K1 |
Selkirk |
101 - 235 Eaton Avenue |
R1A 0W7 |
Steinbach |
Box 21480 284 Reimer Avenue |
R0A 2T3 |
Swan River |
Box 206, 201 - 4th Avenue S. |
R0L 1Z0 |
The Pas |
Box 1259, 300 - 3rd Street E. |
R9A 1L2 |
Thompson |
Box 34, 59 Elizabeth Drive |
R8N 1X4 |
Virden |
Box 1478, 232 Wellington Street W. |
R0M 2C0 |
Winnipeg |
100 - 373 Broadway |
R3C 4S4 |
18. What is a trial slip and why would I
receive one?
There are several reasons people receive trial
slips. You may have pled “not guilty” to the offence; or you may have
been default
convicted and would like the
opportunity to explain the circumstances to the Court. The
trial slip tells you the date has been set and you are required to
attend court. If you fail to do so, you can be found guilty without
being present. Following is useful information for people who attend
court without a lawyer or representative.
19. What happens in the courtroom?
You are expected to attend court on the date
indicated on the trial slip. You need to arrive at least 15 minutes
before the time indicated to check in. If an emergency arises and you
cannot attend on the date set, you must contact the Crown attorney’s
office as soon as possible at 204-945-2852 in Winnipeg. Tell the
receptionist the time and court room number for your trial, and you will
be put in touch with the person handling your case.
When you arrive in court you must present yourself
to the Crown attorney. The Crown attorney will ask you how you plan to
plead. Your options are pleading "not guilty" or “guilty with an
explanation.” The Crown attorney will note that you are present and may
give or show you some documents. If you have relevant documents, you
must bring them with you. They will not be considered if you cannot
produce them for the Court and you must show any documents
you want to use in your case to the Crown attorney ahead of time. If
you are planning on calling witnesses, you must tell the Crown attorney
ahead of time, because any witnesses have to leave the room while others
are testifying.
*”Not guilty” means you did not do what you have
been accused of doing. For example, you were travelling within the
speed limit; you were wearing your seatbelt, your meter had not expired,
etc. It is not appropriate to plead “not guilty” and then take the
stand to say you did do what was indicated on the ticket, but it is not
your fault or that you should not have received a ticket. You should
only plead “not guilty” if you believe the offence described on the
ticket did not happen at all.
“Guilty with an explanation” means you did do what
you have been accused of doing, but you would like to explain the
circumstances. For example, you were above the speed limit,
but your speedometer was faulty and you have brought proof; you did not
receive the parking ticket on your windshield and would have paid it
promptly to avoid paying the full fine; you could not wear your seat
belt due to medical reasons and have brought the medical certificate
which was valid at that time.
The Court may consider your explanation
when deciding how to deal with your offence. This does not mean you
will be acquitted. The Court may decide to dismiss the charge
or impose the maximum penalty.
If you plead “guilty with an explanation,” the
Crown attorney will first tell the
Court how the offence was
committed. You will then have the opportunity to give your explanation.
The Court will then tell you what
the decision is.
If you plead “not guilty,” a trial will take
place. The Crown attorney will present his or her first witnesses. The
witnesses will be asked questions about the incident. After each
witness has been questioned, you have the opportunity to ask your own
questions, although you are not required to do so.
This is not the time for you to give your
explanation. You are only allowed to ask the witness relevant
questions. If you want to present documents, you must show them to the
witnesses while they are on the stand. When the last witness has been
called and the Crown attorney has presented his or her documents, you
may call any witnesses you have brought with you.
You will ask the questions first, then the Crown
attorney may ask your witnesses questions. When your last witness is
finished, or if you have none, you may choose to testify yourself but
you are not required to do so. The Crown
attorney may also ask you questions. Any documents you have brought
should be presented to the court clerk while you are on the stand.
After you are finished on the stand, the Court will give
it's (decision) verdict. Make sure you ask all your questions and
give all your information, because you will not have another chance to
speak. If you forget to ask something important or you forget to tell
the Court something and the case is closed, there is no going back.
Just as the Crown attorney is not allowed to reopen his or her case if
they forget something, an accused cannot reopen his or her case.
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