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Ontario Highway Traffic Act

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Court Date in a week!! EEEKKKK!
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PostPosted: Wed May 28, 2008 1:36 am 
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Joined: Wed May 28, 2008 1:07 am
Posts: 2
Location: Brampton
Need some advice.

I have a court date set for June 3rd trial, for 4 charges. In a little bit of a hole because I recently lost my job and can't afford to get a Paralegal right now.

It's a loooong story, but, am I able to appear on the day and ask to have the trial adjourned with reason?

Technically it will come down to 1 charge, the other 3 will be dropped.

Driving without insurance is the biggie

What are my options


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PostPosted: Wed May 28, 2008 8:32 am 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
Not necessarily will 3 charges just be "dropped".

You can always speak to the prosecutor yourself before your trial (call court and see if it can be done ahead of time). Try to resolve the situation to your satisfaction without having to attempt an adjournment. Saves you time from returning for another court date and possibly saves you money should you be considering hiring a paralegal for a future date.

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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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PostPosted: Wed May 28, 2008 9:24 am 
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Joined: Tue Jan 22, 2008 9:38 pm
Posts: 632
Location: Stratford, Ontario
When you deal with the prosecutor, try to negotiate a deal that will save HIM the most time. Perhaps explain to him that you plan to ask the JP for a Continuance while you seek legal council, but you would be willing to plea guilty to a lesser charge to avoid a trial, thus saving both parties preparation time.

In my case, I had three tickets (from one stop). The prosecutors original offer was to drop one. I suggested dropping two so that my insurance would not be affected (previously confirmed by by insurance agent). He refused and we went our separate ways. When we arrived for the trial, we exchanged the same offers, but neither would budge. When we went before the JP, I asked for Continuance and it was granted. A few months later, I showed up for trial and a different prosecutor was in court. We stood before the JP and he stated that the officer wasn't present and was awarded with another continuance (despite my objection). So I promptly motioned for separate trials on all three charges. The Crown was beat-red with anger when I won that motion. When I showed up a couple months later for my first trial, the original crown was back and promptly accepted my original offer.

HOWEVER... to get TWO tickets dropped, I had to agree to a higher fine on the one remaining charge. And that's I would suggest YOU try to do. The NO INSURANCE charge would bring in big bucks for the court, so the crown may not be so anxious to drop it, but if you can convince him of your desperate financial position, he just might come up with something you BOTH can live with.

If not, you're still free to ask the JP for a continuance and seek further legal guidance.


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PostPosted: Wed May 28, 2008 4:21 pm 
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Joined: Wed May 28, 2008 1:07 am
Posts: 2
Location: Brampton
Careless Driving
No insurance
Driving while suspended
unplated vehicle

Careless driving was given because I reported the accident as a one car, when in fact I had hit someone. but we both agreed the other party would not file a police report and we would settle. She then left the scene, did not file a police report then later tried to go through insurance.
I went back th second day to speak with the detective which had written me up to give him the whole story. I had a friend make a phone call to another OPP officer who happen to be drinking buddies with the detective as well....as a favour.
Well the detective told me the careless driving would be tossed be infact it was a 2 car collision

No insurance is a pretty obvious one. The Detective told me that will be the difficult one to fight.

Under suspension, apparently after "double checking their system" I was told I was never served, therefore I was unaware I was not suppose to be driving.

Unplated vehicle. Is my own fault, I did pay the taxes on the vehicle I was driving, submitted my safty and drive clean test to the ministry when transfering ownership. I DID NOT Catch that the ownership stated "unplated". MY MISTRAKE. I had explained to the detective that I had missed that detail on the ownership. He then looked at it himself and said he could understand how the mistake could of been made. The proceeded to say "i'm sure we can do something about this one as well" (Probably because someone had made a phone call to ask the favour for me)

I think I will make the appearnce on June 3rd and ask to postpone the trial date, simply because I am in no position to pay for legal assistance at this time?

Good idea?

Thanks!


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