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Re: Stunt Driving - NEED ADVICE PLEASE

Posted: Tue Dec 06, 2016 4:55 pm
by unlucky123

Thanks everyone for your input. I'll post an update once everything is settled down!

Have a nice day


Re: Stunt Driving - NEED ADVICE PLEASE

Posted: Wed Dec 07, 2016 1:02 pm
by OTD Legal
jsherk wrote:

If they offer you a deal for Speeding 49 over, then you should probably take that and run. Here is why...

To put just a slightly fine point on this, it depends. If it is your lucky day that the particular Prosecutor has a busy docket, is being generous, and has no serious defects in their case. Yes, it may be a good deal to accept.

However, if the offer is due to weak case or a fatal error in their case, then it may not be a good deal to accept.

Generally, neither the prosecution nor the defence can discuss potential resolutions until they have each received and reviewed the evidence relevant to the given case.


Re: Stunt Driving - NEED ADVICE PLEASE

Posted: Wed Dec 07, 2016 1:52 pm
by jsherk

Yes OTD makes good point, so let me clarify what I would do...

If offered the 49 over speeding charge, I would then nicely ask if I can review disclosure before deciding whether to accept it or not.

- The prosecutor may say YES which is what you want because now you can review officers notes to see if there are any problems/errors and then decide whether to fight because you have a good chance to win, or take the deal they offered you.

- The prosecutor may also say NO take the deal now or it will not be offered again. In this case, based on the possibility of a SERIOUS insurance implication if you lose, then it might be best to just take the deal.