Need to know whether to hire a lawer or not

Joseph2011
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Need to know whether to hire a lawer or not

Unread post by Joseph2011 on

I have a summon for "parts detached from vehicle while driven on highway" section 84.2 (1). I was driving on a highway that day and part of the tire fell off. The truck was moved to the side way section of the highway, so there was no accident.

There were also three more tickets attached to it. Two for failure to surrender insurance plate and permit for motor vehicle. I do have them, but I forgot to bring them that particular day. There was also one for no name on commercial vehicle.

I want to know whether it would be worth it to hire a lawyer. Specifically, I want to know whether the tickets can be fought off completely if I hire lawyer.

The trial day is in next week, please share your advice on this as soon as possible.

Thanks in advance for your help.


Stanton
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Unread post by Stanton on

It’s technically possible to fight any ticket, but how much success you’ll have will be very case dependent. It all contingent on what actually happened, how and why, quality of the police report and/or witness statements. In short there's too many factors to give you a simple yes/no answer.

Your best bet is to seek a consultation with a paralegal or lawyer and have them review your matter. At the very least, I’m sure you could obtain a plea deal where some of the charges are dropped in exchange for a guilty plea.

The fact that your trial is one week away could be problematic. You’d probably have a hard time retaining and finding someone who could represent you on such short notice. It’s possible you could ask for an adjournment, but the Courts won’t be happy you waited until the last minute, especially if witnesses are scheduled to attend Court.


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Simon Borys
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Unread post by Simon Borys on

You should also look for someone who has an understanding of commercial vehicle regulations and especially the affect that tickets have on your carrier safety rating. The consequences to your CVOR status can be severe, including suspension or revocation, if you accumulate too many CVOR points.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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hwybear
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Unread post by hwybear on

Sec 84.1
Min penalty $2000-$50000
Absolute liability offence: It is not a defence to a charge that the person exercised due diligence to avoid or prevent the detaching of the wheel




Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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