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Fighting stunt driving charges. Lawyer vs paralegal
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PostPosted: Tue Aug 05, 2014 12:44 pm 
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Joined: Tue Aug 05, 2014 12:15 pm
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I recently got pulled over for doing 143 on an 80. The officer also claims I was endangering other drivers by passing with non-clear approaching traffic. I got issued three tickets for apparent violation of 148 (8) (a), 172 (1) and 128 of the Highway Traffic Act.

My licence was suspended for seven days. The vehicle I was driving, belonging to my partner (not even mine) was impounded. Someone else's property was taken away for an act I presumably carried out (how constitutional is that??). I was on a camping trip so was left stranded far from home and my campsite with no alternative to go back home. I'm incurring nearly $1000 for impounding and towing back to Toronto and hundreds more in taxis and alternative transportation. Needless to say, I was heavily punished for an act I haven't even been tried for.

I will fight these charges with a local representative. I don't want to go through Xcopper, Pointts or the such, as from what I read on this forum, they simply refer the case to a local paralegal. I found one in the town where I am being tried, as well as a lawyer with experience in these cases. As this is a serious offence, I am considering the lawyer at $3,000+, instead of the paralegal who charges $750. Is this necessary, or should a paralegal be enough to get me out this mess? Any experiences and tips are welcome.

Thanks!


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Re: Fighting stunt driving charges. Lawyer vs paralegal
PostPosted: Tue Aug 05, 2014 1:24 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
I don't know why a lot of people spend $1000 on legal counsel to get +50km/h under S172 reduced to +49km/h under S128. Realistically, they can do this themselves by speaking to the prosecutor.

If you're feeling overwhelmed or don't feel comfortable going to court, you're better off with a paralegal. Speeding is a very easy charge for the crown to prosecute, everyone involved: crown, cop, JP are seasoned in dealing with them. A $3000 lawyer is not going to change the essential elements required to get a speeding conviction in Ontario. A lot of the success stories you hear from clients are simply due to technicalities: fatal error, officer no-show, disclosure issues, 11b. Some places consider a plea-deal a win :roll:

Personally, I would pick the trial option, review the evidence (disclosure) and speak to the crown prosecutor about a plea-deal. The best case would be to have the S148 and S172 charges dropped in exchange for a plea-deal to +49km/h under S128. Even plea-dealing to +63km/h under S128 will be financially cheaper than fighting and losing the S172 which carries a minimum fine of $2000.


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