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re-trial
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PostPosted: Thu Nov 01, 2012 10:24 pm 
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Joined: Sun Oct 28, 2012 4:26 pm
Posts: 1
I haave 3 tickets:

1: insurance expired
2: speeding
3: drinking and driving (G2) 40%



So i went to the court couple months ago. I thought i could get it out if the officer didn't showed up, but he did anyways. The point is, that I have spoken with the crown, she said the insurance and speeding will be dropped but not the drinking and driving, thats if i paid it off and i don't want to. So the crown and the judge gave me an opportunity to find a lawyer and set another trial on Dec 11th. When she said insurance and speeding will be dropped but not the drinking and driving. So do I need to focus on the drinking and driving or whatever? Any suggestion? Lawyer? cheaper to fight it off?

Thanks!


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Re: re-trial
PostPosted: Fri Nov 02, 2012 7:39 am 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
Semicolon wrote:
I haave 3 tickets:

1: insurance expired
2: speeding
3: drinking and driving (G2) 40%



So i went to the court couple months ago. I thought i could get it out if the officer didn't showed up, but he did anyways. The point is, that I have spoken with the crown, she said the insurance and speeding will be dropped but not the drinking and driving, thats if i paid it off and i don't want to. So the crown and the judge gave me an opportunity to find a lawyer and set another trial on Dec 11th. When she said insurance and speeding will be dropped but not the drinking and driving. So do I need to focus on the drinking and driving or whatever? Any suggestion? Lawyer? cheaper to fight it off?

Thanks!


You have to worry about all 3 charges. What the prosecutor offered you was a deal for your admission to guilt. Since you didn't admit guilt, you essentially turned down the deal. Everything is back on the table again. Depending on the prosecutor, they may offer you the same deal again or they may not.


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Re: re-trial
PostPosted: Wed Nov 14, 2012 11:49 pm 
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Newbie

Joined: Wed Nov 14, 2012 10:12 pm
Posts: 4
You've been given time to find a lawyer for court. So find a lawyer and ask them. While people here may be well meaning, it is not a guarantee that they are lawyers and may give bad advice inadvertantly.

That being said, in my non-lawyer opinion, Bend is right. It sounds like you were offered a deal for a guilty plea and you declined. The deal is offered in order to speed things up in court and thus reduce the cost to tax payers. You've now got a second court date, which means the officer must come back, and the crown and judge must all come back because you were not prepared for a trial. You wont have an excuse at the next court appearance.

Who knows though, you amy luck out and this time the officer may be unavailable. If so, and there are no other witnesses, the Crown may be forced to call no evidence and withdraw the charge. Then again the Judge may give the Crown an adjournment to another court date too, since the first delay was on you and the officer showed for that.


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