First of all, I'm from Brampton, and this is what happened: my friends and I were heading to Thunderbay for a weekend vacation 3 weeks ago, then 4 hours away from Thunderbay, In white river Ontario, It was a foggy morning - crazy fog, and I was driving 115kmh in a 90kmh zone - it was a downhill so I just removed my foot on the gas and let the car just roll and all of a sudden I didn't notice that the maximum speed dropped to 60kmh and when I realized it, I immediately slowed down to somewhere 80kmh but it was already too late when I saw an OPP behind and pulled me over.
The car I was driving was a '13 veloster turbo.
Here's the scenario:
the OPP was driving on the opposite traffic then when we passed him he immediately made a u-turn and pulled us over and he clocked me at 115kmh and he also said that the cars in front of us was doing 83kmh. I tried to tell him I was only doing 80kmh, but he clocked me earlier, I also tried to apologize to the cop and asked him for another chance. Trust me, I was very polite to the cop and even greeted him but before I even finished my greeting he already cut me off and went "please shut off the vehicle and hand me the keys."
He charged me with excessive speeding - stunt driving of 55km over, and worst part is the car that I was driving was my friend's who was just sleeping at the back seat (we rotate shifts to drive) - so his car got impounded for 7 days and my drivers license suspended for 7 days. Then we had to hitch hike to Thunderbay as it's gonna cost us almost $1200 to go back to gta and go back north in 7 days to get the car back. So we just went to Thunderbay to just do what we planned as all of us were on work leave for vacation for a week, so vacation messed up by me. Then came a week, I got my drivers license reinstated with no fee (weird, but thankfully), then I paid for the impound which was like $500.
My first appearance is on October 20, 2016. So my question is, would it be necessary to get a paralegal for this or can I just represent myself and try to talk to the prosecutor? Court is in Wawa, ontario, which is 10hrs away, but I can manage to get there by bus. I'm in a financial hardship, I got fired from my workplace as I'm a lot guy for a dealership and a clean record is a must and I'm starting college this January. I tried to sit down and talked with some paralegals around the gta and they charge $1500, the most expensive was $3500, I also tried calling some paralegals up north close to the court and they charge at least $1700. But they said there are no garuantees up there!
I'm really afraid of this charges as I know I'm looking at a $2k-10k fine, another drivers license suspension, and a possibility of imprisonment up to 6 months.
My driving record:
Have a 3 demerit points (red light) back in september of 2014 when I was in highschool, new to driving and did a U-turn on a 3 way intersection on a red light (I swear I didn't know that making a u-turn on a red light is prohibited). And a speeding ticket of 15km over on a 60km zone back in late 2015.
Or did you get a NOTICE OF OFFENCE and then you pled Not Guilty and requested a trial, and October 20 is the Trial date they sent you on a Notice of Trial?
Secondly if you don't receive your disclosure before the appearance date show up at the appearance and go talk to the crown before hand . See if he will offer a reduced charge to Speeding 109 km/h in a 60 km/h zone under s. 128 HTA ( you could resolve it that day if your willing to accept a reduced charge to speeding ). If the crown isn't willing to bargain ( or you don't want to accept a reduced charge) advise you'll be setting a date for trial and you haven't received disclosure yet. Once your name is called you'll stand and advise your pleading not guilty a trial date will be set. OR hire a lawyer/paralegal and they will do all that for you.
(1) You can just plead guilty (not recommended).
(2) If offered a plea deal, you can plead guilty to plea deal. Not usually recommended, but in this case stunt driving is a SERIOUS offence for insurance purposes and your rates will skyrocket if you are found guilty. If offered speeding at 49 over, this is only a MINOR offence for insurance purposes and would probably be worth accepting. And given the distance you need to travel this may also be a good option because you won't have to come back again. A speeding ticket on your record is far better than a stunt ticket!
(3) If not offered a plea deal, you can say you want to review disclosure before you decide whether to plead guilty or not guilty. They will set another summons date at which time you will have to come back again. This date is again not the trial date yet, so not a recommended option.
(4) If not offered a plea deal, you can say you plan to plead not guilty and want review disclosure. They will set an actual trial date for you to come back to. This would be better than option 3.
So hopefully suggestion 2 works out for you. Otherwise go with 4.
I'll be posting the outcome of my situation after my first summon.
FAA rules do not apply in Canada, only in the USA. Make sure you are reading the correct rules/laws.
The laws are made by people elected by the people. That gives them their authority. It's called democracy as opposed to the anarchy that Freeman on the Land subscribe to. If enough people didn't want any traffic laws then by all means elect politicians with a mandate to repeal them.silkhead wrote:
how does the written will of men and woman known as the legislature (statute) apply to me because I'm standing in a geographical location? (the real answer is guns)
The Freeman argument is shut down regularly by courts all over the country. Font for a second believe that you will intimidate the bench with your conflict of interest question.
Here is what happened earlier:
My summon time was at 10AM, I arrived at 9 AM and the prosecutor wasn't there yet, so I sat on one of the chairs inside the courtroom. At 9:30, the prosecutor came in, and started organizing some folders and started calling names of the people and coming up to them to discuss their options. He came up to me, and went "I know you are not from around here and I know your are expecting to get this reduce to 49km/h but this is not the GTA where it is common to have this reduce to that section. See toronto area has a huge number of cases in a day, over here we only get 10-15 cases a day for the whole district. I used to be a duty counsel for the york region. bla bla bla" Then he offered me the same thing of 55 over, so that's 115kmh on a 60km zone - but this time, I'll be charge under the traffic act section 128. Penalties are 6 demerit points, 30 day license suspension, and a fine of $536 plus surcharge of 125, and etc etc comes up to $700 (just an estimate). I tried to renegotiate with him to lower the demerit to 4 and speed to 49, but he said he can't and won't go any lower than this section 128 bla bla. I tried to consult a paralegal over the phone (a paralegal that I once consulted before for some free advice) and he said it's in my favour if I'd accept it this time, as I told him I reviewed the disclosure and everything are well-detailed and truth. Then the judge (not sure if judge you call it), came in and as usual everyone stood. He started calling up names, and before he even called me, there's this dude who was charge of the same thing as me - stunt driving excessive speed of 134kmh on a 80km zone, and guess what? The dude has a paralegal to represent him, and I heard that's their second time being there and he was only offered the same thing as me - same charge under section 128 and he ended up pleading guilty to it.
So to cut the story short, I pleaded guilty to it as well as I wanted to get out of this stressful situation and I can't afford a paralegal nor any more trips to come back. Why did I plead guilty under section 128? I don't see myself getting my own car and geting it insured under my name for the next 5 years is all and I'm broke to further contest this charges and hire a paralegal. Anyways, I'm on my way back to gta now.
Car impounded: $420
Reinstatement fee: NONE
Greyhound bus fare: $280 (round trip)
Charges: $700 (estimate)
Now, if I hired a paralegal, I'd be looking at $1,500 just for legal fee alone - and I got the same outcome as the other dude who got a paralegal. This has been a very expensive bad experience for me, so for any drivers out there, drive within the limits!
What do you think of my charges? Am I stupid for pleading guilty?
Anyways, thanks to the people who gave an advice!
Good on you for coming back on to update us. Few do so thanks.
Yes you could have hired a paralegal but most likely they would not have gotten you a plea deal or won anyways either.
Sometimes you have to cut your loses.