About a week back I was charged with using a handheld device while driving – without getting into the nitty-gritty details, while stopped at a light I touched my phone to activate the voice feature, and unfortunately since it was not mounted to the dash I did have it in my hand for a brief enough time that it was noticed by a hidden OPP officer observing the intersection, and I was pulled over. It was a polite interaction with the officer, however I did end up with a ticket. I don't recall the exact conversation however in the interest of full disclosure here I may have inadvertently admitted guilt, however I can't be 100% sure. Originally I had planned to plead guilty with an explanation to the JP and ask for a reduced fine (option 2), however it was subsequently suggested by a few people that I request a court date and at least make some effort to fight the ticket – this is where my questions are however. - Am I correct in assuming that once I request a court date that any hope of having the fine reduced goes out the window? - By requesting a court date even knowing that possibly the officers notes incriminate me, I am I risking either in increased fine or harsher punishment come my court day by having done dragged it to court? - If I jump through all the hoops for a court date however it becomes obvious to me that I am wasting my time even standing in front of the judge knowing that I am going to be held guilty, is there an opportunity before that point that I would be able to change my plea, pay the fine, and be done with the situation? This kind of goes back to the first question, is all hope of a reduced dollar amount (at the very least) out the window at that point? I guess my ultimate goal of requesting a court date is hoping that the officer may have made insufficient notes to make the charge stick, may not show up in court (it was in an area with apparent frequent transfers of officers between locations, so who knows), or perhaps the ticket will time out under the situations I've read about that deal with court delays and I can petition to have it tossed accordingly - possibly the best case scenario? Ultimately if none of those work and I end up standing in front of the judge knowing I'm in a lost cause, what ultimately could be the outcome? Thanks in advance for guidance.

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Plead or Request court date? (Worthwhile?)

by: High-miler on

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High-miler
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Re: Plead or Request court date? (Worthwhile?)

Thanks. I seem to have got conflicting information on this, however - there is NO chance they will offer something else? Zero points on my record at this point. It's a bit of a long story why the actual charge and the points matter & I don't really want to get into it here, but to have the charge end on my record as something with less points would be a benefit. The dollar figure going down as well, well, also a bonus if possible. ;) So, just to confirm....my early resolution appointment is this Friday. I have the option of doing it by phone...should I consider this or am I better to go in person? I'd like to see the disclosure, should I expect the person I'll be dealing with to have it at that point, and if I do the process via phone will they read it to me on request? And lastly...if I don't agree to anything at the early resolution appointment and opt to pursue the matter to court will I be presented with ANY other opportunity to resolve before I'm standing in front of the judge? IE, if there's no disclosure available for me on Friday I'll probably request it go to court, but if/when I get the disclosure and if/when it becomes evident I'm hosed at that point IF I actually end up in front of the judge, will I have another opportunity to plead on the dollar figure at least? In short, I don't want to blow any opportunity Friday to have the charge and/or dollar figures changed IF that's a "do or die" last chance type situation. Thanks.

Decatur wrote:

There aren't any alternate charges to a handheld device ticket. The best you can expect would be a reduced fine.

Thanks. I seem to have got conflicting information on this, however - there is NO chance they will offer something else?

Unless you're a horrible driver and already have quite a few points on your licence, they shouldn't be of concern.

Zero points on my record at this point. It's a bit of a long story why the actual charge and the points matter & I don't really want to get into it here, but to have the charge end on my record as something with less points would be a benefit. The dollar figure going down as well, well, also a bonus if possible. ;)

So, just to confirm....my early resolution appointment is this Friday.

I have the option of doing it by phone...should I consider this or am I better to go in person? I'd like to see the disclosure, should I expect the person I'll be dealing with to have it at that point, and if I do the process via phone will they read it to me on request?

And lastly...if I don't agree to anything at the early resolution appointment and opt to pursue the matter to court will I be presented with ANY other opportunity to resolve before I'm standing in front of the judge? IE, if there's no disclosure available for me on Friday I'll probably request it go to court, but if/when I get the disclosure and if/when it becomes evident I'm hosed at that point IF I actually end up in front of the judge, will I have another opportunity to plead on the dollar figure at least?

In short, I don't want to blow any opportunity Friday to have the charge and/or dollar figures changed IF that's a "do or die" last chance type situation.

Thanks.

jsherk
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Re: Plead or Request court date? (Worthwhile?)

In person is probably better when trying to negotiate. Most likely they will NOT have the disclosure. Let's assume the prosecutor does offer you some kind of a plea deal... you could ask "Can I see disclosure before I decide whether to accept that or not?" The prosecutor may say "Sure, no problem." which is what you want them to say, and leaves you with an opportunity to review all the disclosure to decide if you want to fight it at trial or take the deal. The prosecutor may also say "No, this is a one time deal. Take it or leave it." in which case your only option will be to get disclsoure, go to trial and try beat it that way. Most likely, in this case, there will not be another plea deal offered.

In person is probably better when trying to negotiate.

Most likely they will NOT have the disclosure.

Let's assume the prosecutor does offer you some kind of a plea deal... you could ask "Can I see disclosure before I decide whether to accept that or not?"

The prosecutor may say "Sure, no problem." which is what you want them to say, and leaves you with an opportunity to review all the disclosure to decide if you want to fight it at trial or take the deal.

The prosecutor may also say "No, this is a one time deal. Take it or leave it." in which case your only option will be to get disclsoure, go to trial and try beat it that way. Most likely, in this case, there will not be another plea deal offered.

+++ This is not legal advice, only my opinion +++
JAYJAY
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Re: Plead or Request court date? (Worthwhile?)

Just wondering how did the early resolution appointment go for your ticket. did they offer you a lesser charge and fine? Did you take it or did you end up going requesting to go to trial?

Just wondering how did the early resolution appointment go for your ticket.

did they offer you a lesser charge and fine?

Did you take it or did you end up going requesting to go to trial?

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