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Need your help. Got 3 tickets one of which has a hefty fine
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PostPosted: Sun May 22, 2011 12:31 am 
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Joined: Sat May 21, 2011 9:46 pm
Posts: 25
MY story is as follows

I was driving along lawrence when I turned my high beams on due to a stop light intersection to prevent glaring the drivers in the opposite street. That car turned out to be a police car that was across from me was a police car. He then turned and stopped me because one of my headlights wasn't working. I didnt turn my highbeams on because of 2 reasons. 1 is i'm less than 100M away from home and 2 it was 4:30am and i was the only vehicle on that road as far as my eyes could see from in front of my and from my review mirrors. This is first 3 tickets and have no clue what to do.

Ticker 1:
Upon arrival to my window he asked me for license, ownership and insurance and explained that he stopped me because one of my headlights wasn't working

Ticker 2:
I showed my ownership, but failed to find my G2 thus i showed my G1 and stated that this is what i have right now until i find my G2. I also stated that the stated address is my old address and that i have moved to location which is found under my ownership papers.

Ticket 3:
Driving without insurance. upon getting this ticket i then said how i can't handle this financially and asked the officer what i should do. He said to ''plead not guilty''. I then countered back stating why? and why not plead guilty with explanation?". he then replied back saying I cannot tell you what you to do. Just show up at court." and that was it.

So far i'm aware that the minimum fine is $5000 + the possiblity of jail time and license suspension?
My vechicle was last insured last summer but i stopped it due to the reason that i cannot haggle insurance + books + tuition. I dont really drive the car because it is uninsured. However the only times i've driven the car was once every 2 weeks to do groceries; however that does not matter since by law im not suppose to drive it anyways but just wanted to share some info.

Now my question are the following:
a. I know i'm guilty but is there anyway for them (JP or Crown? & what does JP mean) to lower the fine below $5000?
b. Ive read topics and others saying to plea guilty and talk to the Crown for a plea deal? How do i do this?
c. Some say to go to the court before the summon date and talk to someone in the court and try working out a financial arrangement?
d. Is there anyway i can extend my trial? So i can save up money to pay for the fines?
e. Could I do voluntary hours to try and lower my fine?
f. What is the % of me going to jail and getting my license suspended and for how many days?
g. should i get a lawyer / paralegal to aid me with this? however I read some topics where the paralegals just plea guilty without them helping at all.
I also asked the officer if i could go to court early and he said no, only go there at the date stated.

Im sorry if i'm asking too many questions but i'm a student who's just grinding my way financially and any fine reduction would greatly help.
I have less than $500 in my bank w/ debt and it would be impossible to attain $5000 + the other ticket offences by my summon date - which is in the first week of August (about 70 days)

Your help would be GREATLY appreciated.
Thank you,
J


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Re: Need your help. Got 3 tickets one of which has a hefty f
PostPosted: Sun May 22, 2011 5:11 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Best thing you could do would be arrange for a plea-bargain with the Prosecutor. Explain your circumstances and show that you have, indeed, obtained insurance. If you have not obtained insurance, just stop driving entirely and show the Prosecutor that you have done so. (Sell the car and they might allow the fine to go down to $500 or less.) As for the licence ticket, show that you have a G2 and they might lower the charge. Paralegal would help you plea-bargain and probably get a lower fine for you. It may be worthwhile talking to one.

You did say that you only drive it to get groceries. I wouldn't even do that. Here's why: You may argue that you cannot afford to not drive + insurance + tuition + etc. If you get caught again, you are looking at a minimum of $20 000 in fines and the JP will surely not waive it any lower than the minimum... if you're lucky. If you're not lucky, you will get into a collision, at which point you will not only be charged with driving without insurance, you will also be personally liable for your vehicle, paying for rehabilitation (if needed) and lost wages, and if you are at fault, you can expect to be sued by the other guy's insurance company. So, expect to be out $100K. And yes I have seen that happen before.

_________________
* 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


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Re: Need your help. Got 3 tickets one of which has a hefty f
PostPosted: Tue May 24, 2011 12:02 am 
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Jr. Member

Joined: Sat May 21, 2011 9:46 pm
Posts: 25
Thanks
When should i arrange a plea bargain with the prosecutor? before or during my summon date?
I'm trying to find a full time job mid june the latest and if Im successful, I will get insurance and start driving the car. however, for now the car is stuck in my driveway and will possibly sell it if things dont turn out as planned.
Im actually looking at 2 paralegals at the moment. one of which is OTT Legal Services and the other is X Copper.
What is average amount of $ im i looking at paying a paralegal?

What is the odds of me going to jail and getting my license suspended.
Im eligible to obtain my G license, should i obtain my G license before going to trial?


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Re: Need your help. Got 3 tickets one of which has a hefty f
PostPosted: Tue May 24, 2011 12:10 am 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
I think your approach is probably the best one right now. First, the odds of going to jail are virtually non-existent in your case. The odds of a licence suspension are also low. The opportunity for plea bargaining will come up with your summons. You will be brought before the JP and, if you plead not guilty, they will arrange for a trial at a later date. Advise the Prosecutor that you have stopped driving until you can obtain insurance, you regret your mistake, etc. Obtaining a G licence would probably not help your case. You'd also have to show the Prosecutor that you borrowed someone else's car to do so, otherwise that would really raise some questions. Talk to both paralegals and see what they can do to help you, what their fees are, etc. Then they will handle all of the haggling for you. I really can't answer as to how much they will charge. They'll also have a better idea of what they can arrange for you.

Good luck.

_________________
* 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


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Re: Need your help. Got 3 tickets one of which has a hefty f
PostPosted: Thu Sep 06, 2012 12:33 pm 
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Joined: Sat May 21, 2011 9:46 pm
Posts: 25
I just want to bring this thread to life to update my case regarding CAIA, and 2 HTA

On my summon date, I requested for disclosure. The court then arranged another date (Date1).
When Date1 arrived, they asked me that they will drop the 2 HTA, in return I plea guilty for CAIA. I said no and they said they didnt have all the proper documents and thus another date was issued (Date2)
Prior to Date2, an 11b was filed. When (Date2) arrived they understood that there's an 11b and have said that they will drop CAIA and pay the 2 HTA in return. This is because (i think) they don't know if they will win or if not (I suppose 50-50?)
Anyways, long story short, I took the 2 HTA offence and had the CAIA dropped. At this point I didnt think about fighting the 2 HTAs in order to get a lower fine.

Now my question is how will the 2 HTA offence alter my insurance? (1)Failure to provide licence (2) blown driver side headlight.


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Re: Need your help. Got 3 tickets one of which has a hefty f
PostPosted: Thu Sep 06, 2012 4:19 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Good chance it will impact your insurance. While both tickets would be considered minor offences, typically more then one minor offence on your record and your rates go up. Contact your insurance provider to confirm.


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