I got ticket for allegedly not stopping at the stop sign on March 5 in one of the roads of Brampton. Then I started reading the blogs and all the information available to dispute the ticket, as I am not guilty of the offense. After reading I decided not to pay the fine and go to the first appearance with the prosecutor. I got the appointment this morning and started the negotiation with the prosecutor. She found that the ticket was wrong, because the set fine was not the correct amount. I got $150 and it should be $ 85. I asked her if the ticket is wrong and I am not guilty why don't you drop the charges. She said that she could not do it and instead she offered me to change the charge to a bylaw 93-93 which is similar to a parking ticket with a fine of $ 60. She also advised me to look for legal advise and she herself helped me to speak to a lawyer that was at the courthouse at this time. I spoke to the lawyer and he explained me that if I accept the new charge and pay the fine nothing will go to my records and therefore my insurance will not increase. He also told me that I can opt to ask for a trial and not show up, because the judge will find the ticket is wrong and will throw the case OR the judge could convict me in absence and then I would have option to appeal, because the set fine was wrong. Reason why I did not showed up at the trial to avoid taking time off from work. I found that accepting the new charge and paying the fine would be the best way to go an spoke again to the prosecutor to accept the deal. Then I was called to a courtroom and there were the judge. the prosecutor and a clerk. You have to speak through a microphone and all what you say is recorded. So the judge inspected the ticker and inquired the prosecutor why she has done a deal knowing that the fine in the ticket was wrong. She kind of recognized her mistake. She told the judge that I got legal advise on the spot and that I have agreed to the new charge/fine. Then I screwed up. When the judge asked me for my plea I said "NOT GUILTY" I didn't know that this will automatically void the agreement with the prosecutor and give me only the option to request a trial. I could not change my plea, because it was on record and would be unacceptable. I have a date for trial, but my questions is what are my chances to win the case knowing that the ticket is wrong? What are my legal options here: Stay the trial because the ticket is wrong? show up at the trial and say in front of everybody that the ticket is wrong? If the option is go to trial should I request the disclosure of the evidence or it would not be necessary. Before I left the courtroom the judge advised me to look for legal advise. He also said that I do not need a lawyer to represent me at the trial. Please give your opinion on how I should proceed and what would be my chances to win. Thank you.
Topic
Stop Sign-First appearance- Error on ticket. Chance to win?
if I make an error on the PON...such as the fine amount, I just void the PON. I also check the PON the day of court to ensure it is proper on its face, if not I tell the prosecutor to have it withdrawn. great comparison = the solo 30cm x 3.75m stop line and a 2mm x 3cm line, cramped into a 3"x3" short form wording book :roll:
if I make an error on the PON...such as the fine amount, I just void the PON. I also check the PON the day of court to ensure it is proper on its face, if not I tell the prosecutor to have it withdrawn.
great comparison = the solo 30cm x 3.75m stop line and a 2mm x 3cm line, cramped into a 3"x3" short form wording book
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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