Hi Several weeks ago I got stopped driving a commercial vehicle in a truck blitz. I was driving a Ford F 450 and trailer. I was stopped by a Toronto police motorcycle officer and taken to a temporary inspection station for a truck inspection. I got 5 tickets and the owner got 5 tickets all under the HTA My question is, does the officer have to inform me of my right to counsel? Section 10 B of the charter of Rights and freedoms states 10. Everyone has the right on arrest or detention a) to be informed promptly of the reasons therefor; b) to retain and instruct counsel without delay and to be informed of that right; and I am pretty sure I was not informed of my right to counsel but the officer was wearing a body cam so I should be able to find that out. I was definitely detained as the inspection took over 2 hours. If I had known I was able to talk to my lawyer I definitely would have and I believe that might have saved me some tickets. For example I admitted to talking on my cell phone in the belief that being co-operative and friendly would save me some tickets. ( it does not) I was totally unsure of what my rights were during the inspection, whether I was able to make phone calls or whether I had to answer all the questions. The two hour delay made me miss a very important job and we had to send another truck (I was not late and speeding, rather I was early and doing 80 kph in a 90 zone) All input is appreciated
Topic
Stopped for truck inspection, charter challenge 10 (b)?
I am thinking that the paralegal did NOT follow your intructions (file 11B) and pleaded without your consent. I would be asking for a re-opening of all the charges asap. There is a term for when your legal help messes up, but I do not know what it is. And also, you should not have to pay for them to do something that you did not ask them to do. Of course the downside is that you could end up being found guilty of all the charges, but again there might be a way to sue paralegal as well. I have no specific details or experience with this, but I think that it should not have happened.
I am thinking that the paralegal did NOT follow your intructions (file 11B) and pleaded without your consent. I would be asking for a re-opening of all the charges asap. There is a term for when your legal help messes up, but I do not know what it is. And also, you should not have to pay for them to do something that you did not ask them to do.
Of course the downside is that you could end up being found guilty of all the charges, but again there might be a way to sue paralegal as well.
I have no specific details or experience with this, but I think that it should not have happened.
I really appreciate the advice so far. I need to make a decision in the next few days if I should ask to have it re-opened or not. I would really like some more opinions What I want to know is for the last trial date on friday I was at the 13 month mark and I think an 11b would have been successful. Now that my paralegal has screwed up, does this mean that an 11b would not work anymore because this delay would be the fault of my paralegal? (but not my fault)
I really appreciate the advice so far. I need to make a decision in the next few days if I should ask to have it re-opened or not. I would really like some more opinions
What I want to know is for the last trial date on friday I was at the 13 month mark and I think an 11b would have been successful. Now that my paralegal has screwed up, does this mean that an 11b would not work anymore because this delay would be the fault of my paralegal? (but not my fault)
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