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Ontario Highway Traffic Act

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PostPosted: Tue Nov 24, 2009 12:04 am 
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Joined: Wed Aug 12, 2009 1:27 pm
Posts: 11
Just to close out the post I initiated:
in the 3rd time in court, I won. Interpreter didn't show up (prosecutor forgot to book it)

btw I won my other HOV lane ticket as well.

Although they were all easy wins, but I was all prepared to goto trial and cross examine! Just they all backed off in front of me. I see some JP does love French language!

special Thank you to radar identified, without your and other people's help and encouragement, I won't last until my luck finally finds me. :)

Since I chose to fight every single ticket a couple of years ago. I have been winning 4 out of 4!

Sharing below a couple of take-aways as a token of appreciation to the forum and fellow fighters:

1. Do obey all the traffic rules and signs! Even you win at last, you spent a lot of time/effort even some money preparing for it. It is not worthy. Do drive within speed limit. Do watch for all signs. Do drive safely.
2. If you do get a ticket, regardless what it might be. Go fight it in court. It absolutely worth it! At least you will learn a lot along the way. Radars, signs, rules, forums, legal agents, prosecutors, officers, JPs, translators... Those are all valuable knowledge. If you are prepared both stragitically and tactically, and you are lucky, you will protect your driving record and wallet.
3. In most no-injoury case, you don't need a paid legal agent. They don't do much more than you can do by yourself. They won't fight for your BEST interest just seeking slightly better then the original charge ( they won't risk their relationship with prosecutor, which they enjoy and live on) if you are not dumb, and work hard, you will do at least same as they do, if not better.
4. In most case, prosecutor is not giving you a good enough deal. They choose to be very mean in pre-court bargaining but quick to give up when any more effort from them is in need during court. (I still thank them for letting me off the hook easier than I prepared anyway) some of them are still human and reasonable when out of court. Don't take the bargain! My goal was no HTA charge, the only thing I would accept without fighting is municipality charge, which won't affect driving record and insurance. I won't mind paying for municipality fine to save everybody's time and be responsible for my driving mistakes. For insurance, HTA charge with no point. Is the SAME as with 3-4 points ( unless you have too many standing points, which if you pay attention when driving, you shouldn't have) so why take ANY HTA bargain?
5. Do use French Language Service Act as your defense. Although I was not given the chance to use it myself, but WHY NOT if you can! It makes sense! All laws should be treated with respect. Not only HTA, but also FLSA, reg 615, reg 620... Toronto government is lagging paying respect to them 20 years too late and still counting!
6.tactic: ask for French trial in the very beginning when applying for trial at very beginning (give you better chance to have a French sympatic JP, many English speaking JP doesn't care FLSA). AND if you can't speak French yourself, ask for a tranlator to your other language, Heck, you must know some foreign language as a torontonian, right?
7. Don't be enthusiastic lining up checking in with prosecutor before court starts, you know you are not getting a real deal, so why bother, just wait until the last minute. When nobody expects you show up (I won't point it very clear here as who you should avoid being noticed, I just say they would be instrumental in making the trial possible. If you are smart, you know who they are. If it is too obvious, pls. Let me know then I will make it less so :)
8. Prepare for the absolute worst, and prepare to avoid it from happening every defence of your way. Don't miss anything. Write it down, not just rely on your poor memory, it might work that well under pressure.
9. Once again. Pay more attention to your driving. Hope not need to goto court ever again. Be a good driver. I guess that is the point to have the law and law enforce system and court system in the first place. I have no problem with that, just they are too greedy now. I believe I am a better driver now. :)
10. Try learn some French. It is not that boring/disgusting, to the contrary, I have been learning French for 1 month, quite interesting. Then you have more reason to support FLSA!

Hope this helps.


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PostPosted: Thu Nov 26, 2009 11:17 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
zhulin_can wrote:
Since I chose to fight every single ticket a couple of years ago. I have been winning 4 out of 4!


Congrats!

zhulin_can wrote:
special Thank you to radar identified, without your and other people's help and encouragement, I won't last until my luck finally finds me.


You're welcome, although I really didn't do much. You did all of the work. I only provided a few thoughts and opinions - that's pretty much it. Job well done on your part.


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