Questions about POlice officer and Points.

champdilse
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Questions about POlice officer and Points.

Unread post by champdilse on

Hi all,

So I had a date today. Got a speeding ticket back in July 10 going 97 in 70.
I was given a date in Jan but I asked for another date as I was going out of country.
I did read a lot about all options available and so decided to plea guilty and take deal from prosecutor.

When I saw te prosecutor, she offered me 15 over no demerit points. I asked her if I can see the officer ( Just to check if he is there, because I didnt see him) on which she refused saying She is the one who makes decisions here.
So I took the deal (feeling bad about it now). because I feel officer was not there.

My questions:

1) Officers are suppose to be there in uniform or they can be in court in normal dress.( I saw one guy similar to officer not sure if it was him but he was in normal cloths)? Do they have to stay in court room and can be out somewhere.

2) Can a prosecutor run case without officer?

3) I know conviction stays in my record for 2 years, but i have no demerit points so how would it show in my records? How will it affect my Insurance if I get another ticket?

Thanks in advance.


Stanton
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Unread post by Stanton on

champdilse wrote:1) Officers are suppose to be there in uniform or they can be in court in normal dress.
If the case falls on a day when they're working, they would likely be in uniform. If the case was on one of their days off, they can wear proper court attire (something like a suit and tie).
champdilse wrote:Do they have to stay in court room and can be out somewhere.
They should be somewhere within the building so they can be paged, but don't need to be right in the courtroom. Some courts have a private waiting area for officers.
champdilse wrote:2) Can a prosecutor run case without officer?
Not usually. For most charges the officer is the only person who can give evidence relating to the offence. For yours they would need the officer.
champdilse wrote:3) I know conviction stays in my record for 2 years, but i have no demerit points so how would it show in my records? How will it affect my Insurance if I get another ticket?
Demerit points are usually irrelevant, all offences are ranked as minor, major or serious. Yours would be ranked as a minor offence. Usually the first one they overlook, second one could be a 5-15% increase. Major offences usually raise your rates around 15-25% and serious offences typically double your rates. But there are no set rules, so contact your provider to be sure.


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Simon Borys
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Unread post by Simon Borys on

http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


champdilse
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Unread post by champdilse on

Thanks,

Stanton and Simon.
Just another question for future. If say, I tell prosecutor I would like to contest the case but later on when it comes up I change my mind (Vice-versa) what happens and how that works?
Am I allowed to talk to the officer if I request before the court proceedings begin? can the prosecutor say no as she did?


OPS Copper
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Unread post by OPS Copper on

Can't usually have it both ways. You turn down the deal while at court means you are now defending against the original charge.

If you can find the officer you are welcome to talk to them. The prosecutor has no obligation to find them for you or provide them prior to court.

OPS


champdilse
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Unread post by champdilse on

OPS Copper wrote:Can't usually have it both ways. You turn down the deal while at court means you are now defending against the original charge.

If you can find the officer you are welcome to talk to them. The prosecutor has no obligation to find them for you or provide them prior to court.

OPS

Thanks OPS,

What if I except the deal but when i go up in front of judge and i say i would like to fight it?

I know they wont find him for me but if say I dont wanna except deal until i talk to officer will they tell me go there he might be there and you can talk to him? (As i wanna check if he is there in court or not)


OPS Copper
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Unread post by OPS Copper on

You can do that. But you will be fighting the original charge and if the cops has been sent home you will have a delay attributed to you.
Most deals are take ot or leave it on the spot. You walk away or want to delay you will be going to trial on the charges

Most I work with once we are at court will not speak with the accused other than a few pleasantries.

I know none will provide any information that what you have been given for disclosure plus will not tell you what they will say on the stand.

ops






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