Now another situation people...say you were turning off a roadway, and clipped a pedestrian who was walking on the sidewalk? Could you be charged under the HTA as you were leaving a roadway to a private property? Instead of like on this case leaving a private property onto a roadway. Thanks in…
Hello Folks,
I am at it again helping someone fight a ticket, this time in London. I have a few questions dealing with the disclosure request.
The prosecutors here seem to have gotten smart to the usual tactics. They now include a whole page (instead of the 2" tear-off slip) with one side for filling…
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…
Hey Guys,
I'm not sure if this is the correct section to post this... I'm a tractor trailer truck driver, and although i didn't get a ticket, Last week, I was involved in a conversation with my boss and fleet manager about removing snow off the top of the rig.
I found this article online, which…
So today I got my first speeding ticket from going 80 km/h in a 50 zone, reduced to 70. I have been in an accident before so my insurance rate is already pretty high, yet I don't really handle my own insurance as I am the secondary driver on my family car. I'm also 20 and still have my G2, which…
I was pulled over after making a U-TURN. and being charged for 4 tickets "1. DRIVE MOTOR VEHICLE, NO PERMIT CONTRARY TO THE HIGHWAY TRAFFIC ACT SECTION 7(1)(A); 2. UNSAFE TURNING LANE CHN-FL TO SIGNAL CONTRARY TO THE HWY TRAFFIC ACT SECTION 142(1); 3. RED LIGHT TRAFFIC ACT SECTION 144(18); 4.FAIL…
Hi all,
I received a stunt driving ticket earlier in the year (171 km/h in a 100 km/h zone) and attended my summons earlier this week, where I received the disclosure.
I set a meeting for an early resolution for this Friday (March 16th, 2018). Would any of you be able to help me review my disclosure…
Hi there,
I was curious if there is any way that demerit points can be reduced or taken off of one's record after the tickets have been paid. I know in Alberta one can take a 'safe driving course' after a certain amount of time with a clean record and get demerit points taken off. Is there any such…
How do I overturn the plead/aggreement paralegal made for me
Hi there,
I got a speeding ticket and hired a paralegal to represent me. courts date changed many times and finally the paralegal report to me even without informing me that he plead guity for me. I provided some evidences for him to attend trial for me. becaues it is far from Toronto. but the paralegal said it was for my best of intrests.
Now I want to overturn the plead. do I need a lawyer to do it for me or I can file the motion myself. and HOW?
any help will be appreciated.
Re: How do I overturn the plead/aggreement paralegal made fo
You can apply yourself to reopen your case within 30 days of the conviction. You can give them the reasons you just provided here.
Re: How do I overturn the plead/aggreement paralegal made fo
My son hired *company name edited out by forum* twice before for tickets he had gotten. One time was in New York State. Both times they settled by "plea bargain" without him seeing ANY disclosure from either situation. It was just "plead out" and he was told how much to pay.I guess he could probably could have fought that but didn't know what to do.
Now he has a Careless Driving charge and hired a real lawyer to fight this as he needs an aquittal or nothing in this, no plea bargain for this one.
Beware these paralegals.... make sure you know your options with them before you pay them! They will plead you down and not even let you know if you could have won or lost!
Re: How do I overturn the plead/aggreement paralegal made fo
theweave wrote:Beware these paralegals.... make sure you know your options with them before you pay them! They will plead you down and not even let you know if you could have won or lost!
My experience is that most paralegals are pretty clear up front about your options and what type of resolution they recommend. They will also consult with you in regards to any offered plea deals prior to accepting them, unless you've signed a waiver authorizing otherwise. I'd say it's less beware paralegals and more caveat emptor.
theweave wrote:Now he has a Careless Driving charge and hired a real lawyer to fight this as he needs an aquittal or nothing in this, no plea bargain for this one.
Careful with that. If your lawyer is sure you can beat the charge, go to trial. Otherwise, careless is about the worst offence you can be convicted of under the HTA in terms of insurance implications. It's one of the charges where I personally think it can be wise to take a plea if there is any doubt about the outcome.
Re: How do I overturn the plead/aggreement paralegal made fo
theweave wrote:Both times they settled by "plea bargain" without him seeing ANY disclosure from either situation. It was just "plead out" and he was told how much to pay.I guess he could probably could have fought that but didn't know what to do.
Paralegals in Ontario are governed by the same organization as lawyers: The Law Society of Upper Canada.
If your son had seen the disclosure, would he have known what to do with it? Do you?
How do you know that the paralegal's decision to plead it out instead of fight it was the wrong thing to do?
Most of the time paralegals follow fairly standard procedures. They get the disclosure, review it, and decide if there is any reasonable opportunity for them to fight the charge. If there is none, they will plea-bargain. Most traffic offences are NOT beatable and the best option is plea-bargaining. Sometimes paralegals screw up, but I've also seen a few lawyers completely botch proceedings in traffic court because they are not sufficiently familiar with the case law, the rules or the system.
