Before Entering a Plea (??)

fourmat
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Before Entering a Plea (??)

Unread post by fourmat on

Hi Everybody,
I was so pleased with your help on that MTO question, I thought I would give'er again, this time about courts and pleas.
This story was told to me like I'm telling it to you guys - I don't know if it's correct or not, but I wanted to ask.
Driver was given a ticket, but the driver felt the ticket did not apply to his situation. Then the driver was given some advice by a retired legal professional that goes something like this: 'Order the officer's notes and then show up at the courthouse on the correct day, and when your case comes up, DO NOT enter a plea. Tell the presiding JP that you feel there has been an error, and that you have seen no evidence that the law applies to you. But whatever happens, say that BEFORE entering a plea either way. If you enter a plea, you are 'agreeing' that the law applies to your situation, but you want to dispute some aspect of it.'
Anyone have any advice in this matter? Has anyone heard of this?
Thanks in advance!


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Radar Identified
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Unread post by Radar Identified on

:shock:

Could you be a bit more specific?

Without all of the details, I'm going to say this: In order to even get a trial date, you have to file for a trial - which means "not guilty - trial option." I don't agree with the legal professional's assessment. I'd plead not guilty, then after they introduce evidence, file a motion of non-suit. That's the best way to handle a situation where you're ticketed for the wrong offence (or where a ticket was given but the action was not actually an offence), if that's what you're referring to.
* 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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Simon Borys
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Unread post by Simon Borys on

Urban legend. It's like showing up to court and saying that you're not the person named in the charges, that you're the "natural person" or some *EDIT* like that. It's just not true.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


fourmat
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Unread post by fourmat on

Got it, thanks Simon. I fell for the ol' urban legend bit again!
I understand now. You have to plead SOMETHING to get the court date.
Ok, I feel like a bit of a fool for asking! lol :oops:

At least I didn't fall for the bit about the stop sign being illegal 'cuz it has a white border!!! lmao
Thanks again.






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