At what point do I argue financial hardship?

Unread post by: **luckyman** on

At what point do I argue financial hardship?

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Unread post by: luckyman on
Wed Jan 26, 2011 4:10 pm

On January 19 I received a Red Light Camera Notice (Form 5.1). I don't really have any good arguements to make, but I also can't afford to pay the $325. I had a heart transplant a few years ago and I am receiving disability (ODSP). Do I go into the Markham court and choose option 1, and then talk to prosecutor about my situation on the day of my trial. Or do I just pick option 2 and talk to the JP about my situation. Would they get upset that I chose the trial option and then not offer me as much.

Who would lower my fine the most? The JP , or the prosecutor? I seriously can't afford more than $50 to $75.

Also, would I be speaking about my medical issues infront of an entire courtroom? or in private?

Thanks.

Unread post by: **luckyman** on

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Unread post by: luckyman on
Mon Jan 31, 2011 2:07 am

Hopefully someone can respond to this before Wednesday. Otherwise, I'm probably just going to plead guilty and pray that the JP is nice.

Unread post by: **viper1** on

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Unread post by: viper1 on
Mon Jan 31, 2011 10:50 pm

If you plead guilty they will be happy to give you time to pay.
Good for reduced fine as well.
Explain your hardship and ask for a time/frame that you can meet.
I.E: $33.00 per month till paid.

You must follow then plan though or you will be in trouble.

Cheers
Viper1

"hang onto your chair when reading my posts
use at your own risk"

Unread post by: **luckyman** on

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Unread post by: luckyman on
Tue Feb 01, 2011 12:20 am

Thanks for the response. That's probably what I'm going to do. Unless someone can think of a good reason to set a trial date. I guess the only advantage to setting a trial date is that the trial date might not arrive for another year. I'm guessing the odds of having this thrown out because of backlog are pretty slim.

Unread post by: **Radar Identified** on

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Unread post by: Radar Identified on
Tue Feb 01, 2011 4:57 pm

Keep in mind that option 1 is pleading guilty with immediate payment out of court, and no chance of lowering the fine. You're accepting and paying the ticket "as is." You'll need option 2 or option 3. Most of the JPs at the courthouse on Markham Road will lower the fine if you give them a good reason to do so. Good luck with it.

* 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

Unread post by: **luckyman** on

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Unread post by: luckyman on
Wed Feb 02, 2011 1:15 am

Radar Identified wrote:Keep in mind that option 1 is pleading guilty with immediate payment out of court, and no chance of lowering the fine. You're accepting and paying the ticket "as is." You'll need option 2 or option 3. Most of the JPs at the courthouse on Markham Road will lower the fine if you give them a good reason to do so. Good luck with it.

Actually my Red Light Camera Notice says : "Option 1 - Trial option - I want to enter a plea of not guilty and to have a trial. You or your rep may meet with a prosecutor in advance of trial."

"Option 2 - Plea of guilty - Submissions as to penalty. I want to appear before a Justice to enter a plea of guilty and make submissions as to penalty."

"Option 3 - Pay full amount out of court."

It looks like I'm going to have to go to trial. I went to the Markham court today at 1:30 PM and the person at the booth said I had to be there before 1PM in order to choose option 2. This is why I chose option 1. I guess I'll have to meet with the prosecutor when the time comes. They told me 3 to 6 months.

Unread post by: **Radar Identified** on

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Unread post by: Radar Identified on
Wed Feb 02, 2011 7:51 pm

Oh, okay. Didn't know that they "reversed the order" for red light camera tickets. Learned something new today.

But, talk to the Prosecutor and see how it goes. Good luck with it.

* 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

Unread post by: **luckyman** on

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Unread post by: luckyman on
Thu Feb 03, 2011 12:11 am

Thanks. I'll do that. Hopefully my court date won't be for a long time.

At what point do I argue financial hardship?

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