Is it worth to fight for speeding ticket ( money & time ) ?
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Posted on: 23-01-09 14:27:01
It can be changed ahead of time.
Normally how much time before I can request to change the date?
same thing happened to me.... got the ticket of jumping red light. in Toronto and my husband told me to challange and when i was called to court.. the police guy did not show up...
at the end happy ending... am told by many people different group that 90% cop does not show up.
Thanks all specially Aashu & Jyoticka
My friend is feeling little better. There is some HOPE
At least he has little idea what can happen on Court Date
He is considering to go Court on specific date - Either one can happen now
1. At specific time - if COP doesn't show up then case, fine, points all cancel
2. At specific time - COP show up but my friend's case is not called upon, again case, fine, points all will cancel
3. At specific time - Cop shows up, case called in Court then my friend will accept FAULT, pay FINE & request to waive demerit points.
4. Court not accept point 3 & my friend will pay Fine & take demerit points
( Is there a way if COP shows up and my friend request him to waive demerit points - not sure if that is possible )
Also I heard if demerit points is applicable, still your Car Insurance will not change for first 3 attempts. Of Course demerit points will show up in driving record
Please note - this is my friend's first incident in Canada (no accidents, no speed or parking tickets etc etc..)
Can some one confirm me
Thanks
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Originally posted by mumdxbcan
Thanks all specially Aashu & Jyoticka
My friend is feeling little better. There is some HOPE
At least he has little idea what can happen on Court Date
He is considering to go Court on specific date - Either one can happen now
1. At specific time - if COP doesn't show up then case, fine, points all cancel
So far so good!!
Remember, if there was a special speed check drive on that day, there is 99% chance the cop will show up.
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2. At specific time - COP show up but my friend's case is not called upon, again case, fine, points all will cancel
We are in Canada, this NEVER happens.
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3. At specific time - Cop shows up, case called in Court then my friend will accept FAULT, pay FINE & request to waive demerit points.
The procedure is as follows (in Ontario, I dont know about Alberta):
- The proceedings take place by the hour. He will receive a date and TIME to appear. They will also mention the room no.
- 10 Minutes before the scheduled time, he can go to the room and outside the room will be a list of all cases to heard alongwith officers name. If you see more than 5 cases for the same officer, he is sure to be present.
- If you remember the officer's face, try to recognise him and ascertain if he is present.
- If he is present, dont panic, just smile.
- Before the judge arrives, the public prosecutor (the lawyer handling on behalf of the Govt, ineffect your officer's laywer) will call out each name to ascertain who are present. Most probably, he/she will offer at that time only a lower charge without demerit points.
- Irrespective of your decision, when the judge arrives, each person is again called in front of the judge and asked if they accept the original charge, reduced charge or would like to contest NOT GUILTY.
At this stage, if you accept the reduced charge, you will be told the fine amount and given a color slip with details of the fine and the method to remit. Sometimes, they will also offer sometime to arrange for payment, if you request.
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4. Court not accept point 3 & my friend will pay Fine & take demerit points
Rarely happens, unless your original charge was too serious or you behaved very badly at the time of the trial.
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( Is there a way if COP shows up and my friend request him to waive demerit points - not sure if that is possible )
You deal with the prosecutor, not the COP. He is a party to the case, just like you. All the powers rest with the judge.
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Also I heard if demerit points is applicable, still your Car Insurance will not change for first 3 attempts. Of Course demerit points will show up in driving record
Demerit points is very serious and mostly it will effect the insurance.
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Please note - this is my friend's first incident in Canada (no accidents, no speed or parking tickets etc etc..)
Doesnt matter.
Remember, demerit points or no demerit points, if you accept the charge (even the reduced charge) - you are declared GUILTY. In legal terms there is nothing like minor fault or major fault -its GUILTY or NOT GUILTY. If you are charged GUILTY, it WILL show on your driving record, and if you have demerit points, they will show as well. It is upto your insurance company how to treat that charge. 8/10 times the premium will increase.
Dont despair, there is hope.
1. As far as possible, DONT hire the paralegal guys, they are just waste of money.
2. Visit the court with a friend or relative.
3. If the COP is not there, or if there is only 1-2 cases for him, you can record your presence since the case will be decided in absentia and the charges dropped.
4. If the COP is there, let your friend enter the court and register your absence (even if you are present, they dont recognise you or ask for your identity). Make a job related excuse and request for a new date. The judge and prosecutor will ask the lawyer for a new date, DONT agree to his date. Suggest a date 2 weeks BEFORE/AFTER the date suggested by the COP. 9/10 times he will not attend the court on the new date just for 1 case.
5. If the bad luck continues and the COP does attend on the 2nd date, accept a guilty charge with explanation. 9/10 times your offence will be down graded and the demerit points taken off. This is the least you can do. If you hire the paralegal guy, he will do the same. If you dont believe me, ask the paralegal guy before you sign him if he can gaurantee a NOT GUILTY charge, not just no-demerit. I am sure he will not gaurantee the GUILTY charge.
Good luck and keep us posted.
Hiren
Thanks Hiren
I think you covered almost everything.
Just few things -
You say my friend will receive notice with date & time
But COP already issue at the time of incident. Its yellow slip which shows
date & time ( say - anytime between 9 am to 3pm)
Is that mean, my friend will receive another notice in mail with specific time?
Also you says - public prosecutor MAY offer lower charge with no demerit points. Is that happen very often or remotely?
If my friend accept Guilty with regular charge or with reduced charge, he has to pay charges same time? If yes then he has to carry money either Cash or debit/credit?
Lets hope for best result !
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Originally posted by mumdxbcan
Thanks Hiren
I think you covered almost everything.
Just few things -
You say my friend will receive notice with date & time
But COP already issue at the time of incident. Its yellow slip which shows
date & time ( say - anytime between 9 am to 3pm)
I am only aware of the process in Ontario. The yellow paper you/your friend received is the ticket. If you wish to contest it, you need to visit a traffic ticket's court and apply for contesting. AFTER that you will receive the new date in mail. However, there is usually a 15 days period within which the offender has to apply for contest. Please verify with your friend if he has done this procedure or equivalent procedure in AB.
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Also you says - public prosecutor MAY offer lower charge with no demerit points. Is that happen very often or remotely?
For the first offence it is almost 100% of time. Everybody wants to find a shortcut.
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If my friend accept Guilty with regular charge or with reduced charge, he has to pay charges same time? If yes then he has to carry money either Cash or debit/credit?
You will receive a pink slip with amount details. You normally have 30 days to pay the amount. In ON, you can even pay it online, but there is a service charge of $2.00 for online payment.
If you need a longer time to pay or want to request installments, you can request the judge and he will allow some reasonable time.
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Lets hope for best result !
Good luck.
Please note all these are my personal experience from ONTARIO courts. The situation in ALBERTA maybe different.
Hiren
