Has anyone really ever had/seen this done.
Every time I have heard this threat, it seems a deal is reached prior to actual trial and the defendant pleads guilty to the ticket or another reduction is allowed to amend the ticket even further down for plea of guilty. Courts seem to be just paper processors these days with those in attendance for a trial accepting a plea and nothing goes to trial despite the officers, crown attorneys, paralegals, lawyers and JP's all in attendance.
Usually the defendant has already gotten quite a good reduction (e.g. 49 over instead of stunt driving) so they know they are risking quite a bit if they proceed to trial. They are simply being greedy if they think they are going to get another deduction from the prosecutor. So, think about it---why would a prosecutor give them a discount when they have already spent court time, spent the officer's time, etc. Quite the opposite, most prosecutors love the opportunity to 'amend up'; its an easy way to get more out of defendants; especially on easy cases to prove like speeding charges.
So, don't fool yourself in to thinking that prosecutors are just bluffing----its as simple as notifying the defendant they'll be amending up and then requesting the amendment in court. There's no extra paper work for them. It doesn't require more than 20 seconds of extra work for the prosecutors and the money collected can sometimes be double!
The second was a fail to pull over for emergency vehicles. In this case the husband and wife submitted 100% identical written statements. There fines also went to $1000.
Do not take anything I say as legal advice. Only a lawyer can give legal advice. I am not a lawyer.
- Similar Topics
Users browsing this forum: No registered users and 10 guests