Out-of-province: can I ask someone else to represent me?

joshformanunited
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Out-of-province: can I ask someone else to represent me?

Unread post by joshformanunited on

Hi,

A month and half ago, I got booked for failing to stop at a stop sign. I had to turn right at the stop sign and it's a small-ish road, so I dont recall not having stopped. Maybe I did a rolling stop, but didn't decide to argue with the cop when I got booked. I filed to fight it, and I've got a court date for Jan 31, 2012. In the meanwhile, I've found work in Alberta.

Can I have one of my parents represent me in this case, since it will be somewhat expensive for me to fly in to fight this thing?

Also, is there any way to find out how good their case is against me? I'm near dead-certain that I didn't simply fly past the stop sign while taking the right turn.

Any help would be appreciated.

Thanks,

Cheers,

J


Stanton
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Unread post by Stanton on

Yes, you can have someone represent you. Just make sure they have some type of documentation showing they're allowed to do so.

You'll want to request disclosure to see what the actual evidence against you is. Just be aware, by not attending yourself, the Crown simply has to give sufficient evidence showing you committed the offence. Whoever's representing you can't give any evidence to the contrary unless they were actually present at the time of the offence.


joshformanunited
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Unread post by joshformanunited on

Hi Stanton,

Thanks very much for your advice. Two questions, though:

1) With regards to documentation, can a signed doc by me allowing them to represent me suffice? Do I have to provide this documentation earlier to the courts, or can my representative (likely my father) bring it with him on the day of?

2) If I understand correctly, the person representing me can't state what I believe happened? Could you clarify this for me, please?

Also -- how would I request disclosure? And what kind of evidence would they usually provide?

I really want to get these 3 points off my driving record. :(

Thanks for your help,

Cheers,

J


Stanton
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Unread post by Stanton on

1) I'm not actually sure on what documentation is required or when. I'm just assuming he'd need some type of letter showing he's allowed to represent you. Hopefully someone else can advise you what you actually need. Also, unlicenced representation is governed by the Law Society of Upper Canada. Unless your dad is a lawyer or paralegal, he's not allowed to accept any fee for his service and can't be employed in a legal profession (probably won't matter, just an FYI).
2) Correct. Your dad can't tell the Courts you said you stopped, that's hearsay. All he can do is question the officer on his evidence and try to raise reasonable doubt.
3) Different Courts have different methods for requesting disclosure. When you request a trial, ask them how to go about requesting disclosure. For a stop sign offence, disclosure would probably just be the officer's notes.


joshformanunited
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Unread post by joshformanunited on

Hi Stanton,

Thanks for your thoughts. I've already got a trail date, is it still possible to request disclosure?

Do you think its just best to go to the courts and ask the people there about the documentation for representation, etc.?

Thanks again,

Cheers,

Josh


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Unread post by Radar Identified on

It is possible to request disclosure. Basically all you'd ask for in this case are the officer's notes (typed/explained if not legible), and video/photographic evidence if any exists. That's about it. They'll probably offer a plea-bargain to a reduced charge if your record is relatively clean.

For documentation - just write out a letter saying that you are authorizing your parents to represent you, they are doing it free of charge, and have a Commissioner or Notary sign it. That should be enough. In most cases, though, they don't ask for proof (at least in my experience).
* 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


joshformanunited
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Unread post by joshformanunited on

Radar Identified wrote:It is possible to request disclosure. Basically all you'd ask for in this case are the officer's notes (typed/explained if not legible), and video/photographic evidence if any exists. That's about it. They'll probably offer a plea-bargain to a reduced charge if your record is relatively clean.

For documentation - just write out a letter saying that you are authorizing your parents to represent you, they are doing it free of charge, and have a Commissioner or Notary sign it. That should be enough. In most cases, though, they don't ask for proof (at least in my experience).

Thanks so much! :) Also, I'm guessing I'd need to go to the courthouse and request disclosure there? Would that be faster? Also, how long would it take for those notes to reach me?

With regards to a lesser charge/plea bargain, is it possible that they would drop the 3 points at all? That's what I am most concerned about.

Thanks for the advice on getting the documentation notarized as well.

Cheers,

J






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