ParaLegalAdvice

TRAFFIC TICKET FAQS

How many points will I lose?

 

These examples are for Ontario, but your province will be similar.

 

First of all, points are accumulated against your licence, not lost, but the following is a sample of some offences:

 

Speeding

16 - 29 over is 3 points

30 - 49 over is 4 points

50 and over is 6 points

 

Impaired Driving or over 80

 

Careless Driving (6 points)

 

Driving under suspension  (major fine)

 

Following too close (4 points)

 

No Insurance Minimum $6,000 fine for 1st offence

Minimum $12,000 fine for 2nd offence

 

Over 150 KM in Ontario. Seize your vehicle for seven days, lost of licence and $5000 fine

 

Making a false statement (major fine)

 

Fail to remain (7 points)

 

Fail to report (3 points)

 

Fail to stop for School Bus (6 points)

 

Red Lights / Stop Signs (3 points)

 

Improper Passing (3 points)

 

Improper Turns (usually 2 - 3 points)

 

Disobey Signs (usually 2 - 3 points)

 

Seat Belts (2 points)

How long do I have to respond to a ticket?

Currently it is 15 days from the issue date.

 

However double check. Procedures change from time to time

 

The response deadline should be listed on your ticket.

 

However, if it is more than 15 days since you were charged, a special application may be brought for an extension.

If I have been injured in an accident,

 can I sue?

 

Yes, but there are rules and limitations.

How long do demerit points stay on my record?

Two years, but the information may remain on the Ministry of Transportation computer for several years even after points have been restored. This data is often used by insurance companies in their decisions regarding new policies or renewals as well as by employers with respect to their hiring policy of drivers.

What about paralegal offices which "guarantee to win or it's free"?

Click here Win or No Charge?

 

No one can guarantee to win in any court. Be suspicious and read the fine print in contracts from companies offering a guarantee of "We win or it's free". Ask them;

 

• Is a lesser fine a win?
• Is a conviction for fewer points a win?
• What are your actual total charges for representing me in court?

Once you get this information, read it carefully. That guarantee is probably full of holes

 

I missed my trial date and was convicted. Can I appeal?

 

 Yes There are 3 steps required to appeal a conviction and/or sentence which your paralegal can manage.

Can I represent myself?

A. Legally, yes, but it is not recommended. Motor Vehicle law is complex, with increasingly harsh penalties.

 

A paralegal will be familiar with all of the legal issues surrounding the charges, and the consequences you could face. Lack of expertise and knowledge could cause you to make critical and expensive mistakes. A paralegal has the knowledge and experience that is essential to be successful.

Can a paralegal really help me?

Yes, a charge does not have to mean a conviction. A qualified, experienced paralegal can do the following:

 

Obtain a copy of disclosure, including police officers notes and witness statements.

Review the prosecution's case for weaknesses and defects.

Argue successfully for the exclusion of evidence.

Retain the services of expert defense witnesses.

Prepare for, and conduct a trial.

Challenge the credibility or memory of witnesses who may testify against you.

Negotiate with the prosecution for the withdrawal of charges, a lesser charge, or a reduced sentence.

Can I plead guilty with an explanation?

Yes and no. You or your paralegal  can plead guilty but the Justice of the Peace has no control or authority over points. This is a Ministry of Transportation issue set by the Province.

 

 As for the fine, the Justice of the Peace has discretion under the Provincial Offences Act to reduce the fine if there is justifiable reason to do so.

If I drive someone else's car and later discover they had no insurance, who is responsible?

 

Both you and the owner are responsible to ensure you are insured before you operate the vehicle.

 

If you fail to do so, both of you could face a $5,000 fine which attracts a $1,000 victims fund surcharge making the total $6,000 EACH for the first offence, and $10,000 + $2,000 = $12,000 EACH for the second offence.

Is it worth spending $300.00 to fight a $100.00 ticket?

 

Many times it is the wisest decision you could make, especially if your insurance rates are going to increase 25% to 50% for 3 to 5 years, or if you are a professional driver and your employer requires regular clean driver abstracts for you to keep your job.

What is the difference between a Summons and a Provincial Offences Notice.

 

The summons requires you to attend court and has no set fine option allowing you to simply plead guilty and mail in your cheque.

 

The Provincial Offences Notice gives you the options:

 

1) To plead guilty and mail (or phone) in the fine shown on the ticket, or,

 

2) To plead not guilty and request trial.

 

IN SOME JURISDICTIONS THERE IS THE OPTION:

 

3) To request what is called a FIRST ATTENDANCE hearing where in you, or your agent, meets with the Provincial Prosecutor in an office environment in an attempt to resolve the matter on mutual consent.

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