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!
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?
: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.
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
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.
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.
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.
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
At least I didn't fall for the bit about the stop sign being illegal 'cuz it has a white border!!! lmao
pulled over leaving a survey in guelph. After arguing with the officer for about 10 minutes, he mentioned something being wrong with my truck. Told me to put on my emergency brake, and i did. Told me to put it in gear, and i did, truck did not move. Told me to hit the gas, and i did and the truck…
Got two very heavy tickets -- for failing to stop for a school bus, and for using a handheld device. Was running late in a morning rush traffic in Toronto and apparently passed a school bus on the opposite side w/o noticing its signal. A few meters after that I stopped behind the other cars waiting…
I recently received a ticket for proceeding contrary to sign at an intersection. While there are other issues with the offence (sign is not visible until 10ft from intersection, officer wrote wrong license plate number on ticket) my biggest question is about the sign itself.
I posted here a *while* back when I first got my speeding ticket, and I've been fighting it forever. Anyway, long story short - I went and had an appeal and both the prosecutor and the Judge agree that I have valid grounds to appeal on, but what we're arguing is whether the correct remedy is a…
My wife had an auto accident back in May. It is gradually being dealt with by our insurance company ( by the broker actually). My question is about the legal power of the insurance code OAP1. Evidently this set of rules is the Ten Commandments for the insurance companies and the adjustors seem to…
What is the requirement for stopping when a school bus is traveling down the roadway, initiates the flashing red lights while still moving but has not yet stopped? If a motorist is traveling through an intersection (through the free-flow approach, minor-street stop controlled) and an oncoming…
In 2005, the government passed legislation that enabled the introduction of variable speed limits at some point in the future. It didn't take effect right away, so it sat waiting for "proclamation by the Lieutenant Governor." Just by chance... I was reading the HTA earlier while browsing this…
I was on my way to work on a divided four lane highway. I was in the right hand lane following the flow of traffic. There was a slower car ahead of me and I wanted to change lanes and maintain my speed. When I looked in my left side mirror, I notice a red car going pretty fast in the passing…
So i got charged with Hand Held Device, just want to ask everyone if i could use this as my defence
It was midnight, I was dropping my fiance to pick up something on north bound Yonge st (near church) with my emergency lights on, Officer came and asked me to move along so i went up a few streets and…
