60 where 40 - please need help!!

bzmw
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60 where 40 - please need help!!

Unread post by bzmw »

WHAT SAY IN COURT TO INCREASE CHANCES FOR SUCCESS. If the officer did everything right and there is no a violation on his part.

We 7 months in Canada. Pay paralegal expensive for us!
Location - in the month of November, he was stopped
police in a residential area - for 60 where the scab privyshenie
40. set (he was in a hurry for a meeting - not knowing the road late that
no wonder and I ran here)

with them he had no Canadian law - where
basically in two languages ​​all the information available.
In these 20 years of driving experience specified.

and from the Canadian documents he had only G1 Canadian law.
Insurance and Status

The officer wrote the ticket three.

The Court held in March - through an interpreter.
Disclosure request made. But suppose there all right.

As far as I understand - will increase insurance + very fine penalty ...
Points record ... this is very knock down. We'll have to abandon the car
which and so hardly contains - and without in any way in Canada. :(

The question is: Please write what that strategy is simple in court - but
effective - in an attempt to cancel the tickets in our situation - and penalties.
taking into account that communication through an interpreter.

What can I say - what reference.
We had not been in such position before so didnt know.
Should we agree guilt or not ...

Maybe there are options "speeding" shift to the other for violation if the Paying
of the minimum penalty - without penalties and not to affect the
insurance that we have and so not far from godly.

In general we are in a situation of despair. Please help advice.

WHAT SAY IN COURT TO INCREASE CHANCES FOR SUCCESS. If the officer did everything right and there is no a violation on his part.


OTD Legal
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Re: 60 where 40 - please need help!!

Unread post by OTD Legal »

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 on a similar case. The first step would be to file for and review a disclosure of the Prosecutor's evidence. Generally these disclosures are short and simple. Most legal defects stand out to a knowledgeable eye. If no legal argument exists to have the offence withdrawn. Then the decision has to be made either to proceed to trial or to negotiate for a 15 km/h over the speed limit lesser offence for 0 demerit points.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


bzmw
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Re: 60 where 40 - please need help!!

Unread post by bzmw »

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!!


OTD Legal
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Re: 60 where 40 - please need help!!

Unread post by OTD Legal »

bzmw wrote: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.

In general, if I had a client charged a 20 km/h over the posted speed limit and there were no legal arguments to have the charge withdrawn, then negotiating to a lesser offence at 15 km/h over the posted speed limit would generally be the best possible resolution. The lesser offence would carry 0 demerit points and a smaller fine.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


bzmw
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Re: 60 where 40 - please need help!!

Unread post by bzmw »

1) I got my disclosure on hand before 12 days to trial - less then 2 weeks. Its not enough time to prepare the defense . To request an adjournment - should I make in on the date of trial ? Or any day Before the trial?
if any day before - should I call to their office and arrange the meeting? or If you mean on the date of trial - if the time of trial is 9:00 when will this "meeting with the prosecutor before the trial" be?

2) Do I have a chance to - get another trial with a representative (paralegal) if the results of first attempts wont satisfy me? What mechanism exist - to to that?

3) If I have my ticket for Driving with G1 with no full G driver near by. (I have 20 years of driving experience in other country - now I have Canadian G2 [was waiting 2,5 months in the line to pass the Drive Test ... :( that is the reason ] ) -
is there a risk of SUSPENSION by this Ticket? And affect to insurance cost for the next 5 years at least ?
Do I have a chance to avoid it - please give a recommendation.


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