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Ontario Highway Traffic Act

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Some questions about trial
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PostPosted: Mon Jul 11, 2016 3:22 pm 
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Newbie

Joined: Sat Jul 09, 2016 3:57 pm
Posts: 4
1. Can I select different offences office other than the one on the ticket?
2. Did someone tried to hire some "traffic ticket defence" company? Does it help?

Thanks,

Jack


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Re: Some questions about trial
PostPosted: Mon Jul 11, 2016 11:14 pm 
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Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 535
Location: Ontario
You can file the ticket at any courthouse but the trial will be at the one on the ticket.

Paralegals can help if you are willing to spend the money.


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Re: Some questions about trial
PostPosted: Tue Jul 12, 2016 9:27 am 
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Member

Joined: Fri Nov 14, 2014 12:03 pm
Posts: 201
ynotp wrote:
You can file the ticket at any courthouse but the trial will be at the one on the ticket.


I was told that you have to file it at the one on the ticket. Can anyone else chime in on this?


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Re: Some questions about trial
PostPosted: Wed Jul 13, 2016 11:03 am 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
I am pretty sure you have to file at the one on the ticket as well. You can certainly try going to another one, but most likely they will tell you to go to the one on the ticket. The trial will definitely be at the one on the ticket.

WHAT SHOULD I DO? HOW DO I FIGHT MY TICKET?
Regardless of how simple or complex the charge is (from parking tickets to DUI), you have the RIGHT to a fair trial and a RIGHT to see the evidence they have against you. Even if you admit to doing whatever you were charged with, you still have these rights.

So my advice is that you should plead NOT GUILTY and request a Trial with the officer present. Once you get your Notice of Trial with a trial date, you can request disclosure (copy of notes of all officers involved, copy of radar/laser device manual if applicable).

Once you get the disclosure (officers notes), post them back on the forum so we can review them and give you more advice (black out any personal id info and officer id info).

You have nothing to lose by doing this, as you can still plead guilty and pay the ticket anytime up to the trial. You have everything to gain because the officers notes contain what they will testify, and if something is missing in their notes, you might be able to get the charge dropped.

SHOULD I HIRE A PARALEGAL/LAWYER?
In order to save some money, you can usually do all the above steps yourself first, without the need to hire a paralegal or lawyer. Once you get the disclosure and depending on the seriousness of the charge, you can then decide whether to hire one or whether to try and fight it yourself. You can also arrange to meet with the prosecutor yourself before the trial, to see if they will offer you a plea deal. Again, there is no point in hiring a paralegal to negotiate a plea deal you can do yourself.

Points to conisder:
- Do not hire any paralegal/lawyer that suggests they can win without seeing the disclosure first.
- Only hire a paralegal/lawyer that will review the disclosure with you and suggest possible defenses to try and fight it.
- Do not hire any paralegal/lawyer that considers "negotiating a plea deal" a win. Although a plea deal might be the best choice for you, some paralegals do not try to fight at all and will only negotiate plea deals and then they say they "won".
- Do not hire any paralegal/lawyer that "gurantees a win or you don't pay" as this is illegal in Ontario.

_________________
+++ This is not legal advice, only my opinion +++


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