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Ontario Highway Traffic Act

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Question about Trial and Deal
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PostPosted: Mon Aug 30, 2010 3:39 am 
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My trial is in only a couple days. Charges 134 in a 90 and invalid sticker...it was 4 days after my bday and I had been twice to MTO line up out the door and forgot to go back :( The cop had told me to go to meeting with pros. and s/he would like throw out the invalid sticker and lower the speeding ticket. I missed that meeting due to a family emergency. Immediate family member just diagnosised with terminal cancer and I forgot about this meeting in helping family member get to appts out of town etc. Then brother in law (with a new 5 mos old baby) commits suicide. Needless to say, I forgot about this court stuff. I called the court house couple wks ago to try to get the court date postponed as I don't have disclosure etc...not enough to get it (if requested at that point) as notice says ask for it at least 3 wks before trial.

My question....I know I will be offered a "deal" right before the trial. BUT if I take it than I won't know if the cop is there or not to testify and I know if the cop doesn't show up it's thrown out. That is my hope. So, the question is, if I turn down a deal right before the trial and the cop is there....I don't have a defense, I was speeding and didn't have a valid sticker....what I want to know is if I can just ask the JP in trial to reduce it ie give me a deal at that point OR are you automatically convicted of the original charges if you are convicted?

I know a couple yrs ago when I just plead guilty to speeding...only 15 over...the JP was dropping everyone's charges but they were all people who were pleading guilty. I wondered if the JP would do the same if you are not pleading guilty? I really can't afford this large conviction....I am an unemployed, single parent and my car payment, insurance payment and rent alone total more than my income. I can't even afford a fine...which I know I will have to figure out how to pay but what really worries me if the increased insurance that I cannot afford.


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PostPosted: Mon Aug 30, 2010 11:46 am 
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If you can substantiate the extended circumstances then the court may have grounds to offer more of a reduced charge. It's really a roll of the dice if you talk to the prosecutor or explain the details of the other going on's in your life.

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PostPosted: Mon Aug 30, 2010 2:14 pm 
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I figure by bypassing the prosc, that's the only way I will find out if the cop didn't show up..even though it's small chance. But in order to find out, I have to plead not guilty, correct?

I am also not sure if I should ask for an adjourment in order to get disclosure, although I figure I know what disclosure will prove, or just explain the other circumstances and hope for the best?

Also, I know it doesn't matter but I was seriously going that speed for a second, he clocked me accelerating, in order to pass and then I was going to slow again. I figured I would sound like an idiot saying that, because it shouldn't matter how long I was speeding, I still was.


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PostPosted: Tue Aug 31, 2010 1:09 am 
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I am also not sure if I should ask for an adjournment in order to get disclosure, although I figure I know what disclosure will prove, or just explain the other circumstances and hope for the best?


Meet with the prosc and go from there......if he's willing to deal without much hassle the officer may not be there.....

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