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If you are willing to plead to a lesser offence then why hire a paralegal. They won't get any better deal that you can get yourself and will then congratulate themselves on a 'win'.

I'd disagree on this point. It's fairly common to get a Defendant calling my office who has gone through an early resolution meeting with a municipal prosecutor or ...

Thanks man, this helps a lot. Essentially though, all 3 of those findings would result in the same thing though right? i.e your record clean and no one will ever harass you again.

I have learned soo much from this Forum. This is the best forum ever. Thank you to all the members on this thread that were soo informative. I will definitely be more ...

Hi guys.
Me again.
Thanks for all your replies. I have been learning a lot.
I am just frustrated about the circumstances surrounding this charge. But alas the law is the law black and white but hoping the circumstances work in my favor. I legitimately made the mistake of not locating the documentation even though it was in the vehicle but ...

This way her civil suit will most likely also be thrown out.

That's very good news that the charges were withdrawn. Although I wouldn't necessarily leap to a civil suit being thrown out. You were not found to be not guilty at the end of a trial that you can point to with a court transcript. Your charges were withdrawn without trial based (on the ...

This way her civil suit will most likely also be thrown out.

That's very good news that the charges were withdrawn. Although I wouldn't necessarily leap to a civil suit being thrown out. You were not found to be not guilty at the end of a trial that you can point to with a court transcript. Your charges were withdrawn without trial based (on the ...

And no there is NOT another 45 days grace... not sure where you go that from.

The poster may have misread information or run across unclear/incorrect information. Tickets will say that there is a 15 day period with which to file with the Court. Most Ontario courts provide an additional 30 days (for a total of 45 days) with which to file before ...

Yes, as Whenaxis mentioned, you need to be very careful on bylaw plea deals.

Sometimes in the remote northern courts it is possible to make a charitable donation to a local charity in lieu of a conviction. St. Thomas used to do that over a decade ago but hasn't done that to my knowledge since.

Thank you!
what is the best way to negotiate if no legal arguments exist -

Please give a few ideas - a 1-2 sentence which may help in negotiation from your experience .

THANK YOU!!

Not being retained by you and not having reviewed disclosure or spoken with you directly, I can not direct you on what to do or say at court on your own behalf ...

bobajob wrote:nice one,
wish more people would report there feedbacks on here#

Agreed. It is nice to hear back from posters on how their cases resolved.

I'm of the opposite opinion that it is unlikely the the Prosecutor will simply withdraw the offence. Providing an insurance card after the fact is not a defence and is not a basis upon which to have a charge withdrawn. That's not to say that the Prosecutor absolutely wouldn't withdraw the offence if you don't mind taking time off to attend court to ...

At a bare minimum, the prosecutor will likely ask you how you intend to plead. At that point, you could say something like "Not Guilty, but I'm prepared to plead guilty to a reduced speed of 115." He or she may accept it, may say he or she needs to speak to the police officer, may make a counteroffer or may reject your offer. Many prosecutors are ...

First, welcome to Canada! I hope that settling in has gone smoothly for you.

It sounds like you have been charged with Speeding 60 km/h in a 40 km/h zone. If so, the offence is a 3 demerit point offence.

Unfortunately, no way can tell you what to say at court to win. However, I can provide a brief overview of what I would do were I representing ...

Thank you, but it raises more questions:

Should I seek representation before the summons?

Should I seek a paralegal or a lawyer?

How would I find/choose a "licenced and experienced paralegal"? Can the forum members recommend one?

This area of law is generally handled by paralegals. Hiring a lawyer may result in the lawyer's office managing ...

Hi folks,
I have my trial coming up this week for speeding (85 in a 60km/h zone in Ontario) and need to get an adjournment. What can I tell the justice of the peace to qualify for an adjournment? Please note that I put in a request for full disclosure (radar device manufacturing date, tuning forks' calibration certificate, officer's training ...

Speeding is an absolute liability offence and it appears that by your own admission you were over the posted speed limit, albeit that you dispute the exact quantum of speed. Officers will generally write the peak speed that your vehicle was measured travelling regardless of whether or not you were at a lower cruise control speed before or after. It ...

As pointed out by Jsherk, a Careless Driving offence is on par with an Impaired Driving or Over 80 conviction for insurance. It also carries a 6 demerit point penalty for your licence and possible other problems if you are a G1/G2 driver. Because your offence has been issued by summons, you are exposed to a greater range of penalty than had you ...

Another possibility is that you may simply receive a letter in the mail stating that a complaint had been made about your vehicle. The letter has no teeth as far as consequence.

Only way to know exactly how it will affect your insurance is to ask them. Every insurance company is different.

I recall a poster not too long ago who had a previously clean record with a recent conviction for some minor 0 demerit point offence along the lines of a permit or fail to surrender ticket. He reported a 5% (?) increase or there ...

Hi everyone, i got hit today with a 104km in a 60kmh zone, Issue is i only have a G2 and we all know what happens if you go 30kmh-49kmh with a G2 you get a nice letter from the mto saying license suspension for 30 days. Now here is my question the officer never dropped the charge at all and i literally went straight to the court house and filed ...

Generally this type of offence is resolvable and it would be a shame to simply accept a conviction at the rate of speed on the ticket. A 15 over would be very unlikely. Perhaps a generic signage charge or a 29+.

Hi all,

I was (recently) involved in a traffic accident where, due to icy road conditions, I slid into oncoming traffic while making a right turn, while they were coming towards me and stopping at a stop sign. This was a residential area and there's no way I was exceeding anything over 20KM/h on that turn. Regardless, I think I'll likely be found ...

I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).

I am requesting advice with the ...

Hi everyone,

On the morning of January 26th I was speeding like crazy.. but I feel like im in the right. I was on mayfield rd going west and past highway 410 and the speed was 80km. I kept going and then past heart lake road (an intersection) after the traffic light is 60 (supposdly) and then a km later was the opp officer waiting for me. He told ...

Red Light charges issued by camera, as opposed to being stopped and charged by the police, do not result in demerit points or record of conviction. You are simply being charged as the owner of the vehicle, not necessarily as the driver. Given the lack of penalty beyond the fine, these offences may not always be cost-effective to contest if you will ...

It would also be difficult to prove whether or not the device was actually being used. The police officers who come to our high schools to educate our students about the perils of drinking and driving, texting and driving, etc., say it's easy for them to obtain information from mobile companies that would show exactly when and how the phone had ...

Just want to confirm for everyone.

Jevco has confirmed I only have a 20% surcharge because I did not have a suspension with my conviction. My roadside suspension is administrative. They are the ONLY ones that differentiates this and I was about to get a quote that's only 20% more than my current premium before the ticket. I only found this out by ...

argyll wrote:I would suspect that it's because if they didn't make a blanket ban in holding it then everyone would have an excuse about passing it to someone or other reason why it was in their hand.

It would also be difficult to prove whether or not the device was actually being used.

Unfortunately, it appears only the last post made can be edited. Unless I'm missing where the edit option is for older posts. To confirm HTA s.78.1(1) is a 3 demerit point offence, not 6.

The offence carries a 6 demerit point penalty.

If I'm not mistaken, I believe that the offence is 3 demerit points, unless the legislation has changed recently.

Correct. My fingers got ahead of my brain. Drive With Handheld Communication Device is a 3 demerit point offence. I'll see if I can edit my original post with the correction. Thanks!

My wording was, "sorry but it is stop light , i am waiting and I picked my phone." He was very strict while answering he pressed button on his shoulder and said "doesn't matter if it's red yellow or green light, the moment you are on road you can't touch your phone"

Earlier he had told you have 3 options, so after asking above question I asked ...