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At What Point Do I Argue Financial Hardship?

Author: luckyman


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luckyman
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At What Point Do I Argue Financial Hardship?

Unread post by luckyman »

On January 19 I received a Red Light Camera Notice (Form 5.1). I don't really have any good arguements to make, but I also can't afford to pay the $325. I had a heart transplant a few years ago and I am receiving disability (ODSP). Do I go into the Markham court and choose option 1, and then talk to prosecutor about my situation on the day of my trial. Or do I just pick option 2 and talk to the JP about my situation. Would they get upset that I chose the trial option and then not offer me as much.


Who would lower my fine the most? The JP , or the prosecutor? I seriously can't afford more than $50 to $75.


Also, would I be speaking about my medical issues infront of an entire courtroom? or in private?



Thanks.

luckyman
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Re: At What Point Do I Argue Financial Hardship?

Unread post by luckyman »

Hopefully someone can respond to this before Wednesday. Otherwise, I'm probably just going to plead guilty and pray that the JP is nice.

viper1
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Re: At What Point Do I Argue Financial Hardship?

Unread post by viper1 »

If you plead guilty they will be happy to give you time to pay.

Good for reduced fine as well.

Explain your hardship and ask for a time/frame that you can meet.

I.E: $33.00 per month till paid.


You must follow then plan though or you will be in trouble.


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luckyman
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Re: At What Point Do I Argue Financial Hardship?

Unread post by luckyman »

Thanks for the response. That's probably what I'm going to do. Unless someone can think of a good reason to set a trial date. I guess the only advantage to setting a trial date is that the trial date might not arrive for another year. I'm guessing the odds of having this thrown out because of backlog are pretty slim.

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Re: At What Point Do I Argue Financial Hardship?

Unread post by Radar Identified »

Keep in mind that option 1 is pleading guilty with immediate payment out of court, and no chance of lowering the fine. You're accepting and paying the ticket "as is." You'll need option 2 or option 3. Most of the JPs at the courthouse on Markham Road will lower the fine if you give them a good reason to do so. Good luck with it.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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luckyman
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Re: At What Point Do I Argue Financial Hardship?

Unread post by luckyman »

Radar Identified wrote:Keep in mind that option 1 is pleading guilty with immediate payment out of court, and no chance of lowering the fine. You're accepting and paying the ticket "as is." You'll need option 2 or option 3. Most of the JPs at the courthouse on Markham Road will lower the fine if you give them a good reason to do so. Good luck with it.


Actually my Red Light Camera Notice says : "Option 1 - Trial option - I want to enter a plea of not guilty and to have a trial. You or your rep may meet with a prosecutor in advance of trial."


"Option 2 - Plea of guilty - Submissions as to penalty. I want to appear before a Justice to enter a plea of guilty and make submissions as to penalty."


"Option 3 - Pay full amount out of court."



It looks like I'm going to have to go to trial. I went to the Markham court today at 1:30 PM and the person at the booth said I had to be there before 1PM in order to choose option 2. This is why I chose option 1. I guess I'll have to meet with the prosecutor when the time comes. They told me 3 to 6 months.

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Re: At What Point Do I Argue Financial Hardship?

Unread post by Radar Identified »

Oh, okay. Didn't know that they "reversed the order" for red light camera tickets. Learned something new today.


But, talk to the Prosecutor and see how it goes. Good luck with it.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
luckyman
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Re: At What Point Do I Argue Financial Hardship?

Unread post by luckyman »

Thanks. I'll do that. Hopefully my court date won't be for a long time.

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