HTA question

[lbjgh]

K, I got hit with a traffic ticket last night for "Drive Motor Vehicle - no currently validated permit" for $110.00.

I was carrying a photocopy of my car's ownership but the cop said that since I hadn't photocopied the reverse side too the permit was invalid. The licence plates had the appropriate sticker (2006) but the small sticker that comes with the plate sticker wasn't affixed to the reverse of the ownership even though I had it with the rest of my documents.

When I bought my car the dealership gave me one photocopy of the ownership which I left in the car and I kept the original ownership with my bills and other paperwork in the house.

Below is the section from the HTA that I was given a ticket for:


Permit requirements

7. (1) No person shall drive a motor vehicle on a highway unless,

(a) there exists a currently validated permit for the vehicle;

(b) there are displayed on the vehicle, in the prescribed manner,

(i) number plates issued in accordance with the regulations showing the number of the permit issued for the vehicle, or

(ii) number plates described in subsection (7.2) if the vehicle is an historic vehicle and the Ministry has issued a currently validated permit for it; and

(c) evidence of the current validation of the permit is affixed, in the prescribed manner, to,

(i) one of the number plates mentioned in subclause (b) (i) displayed on the vehicle, or

(ii) to a mini-plate attached to the number plate exposed on the rear of the vehicle, if number plates described in subsection (7.2) are displayed on the vehicle. R.S.O. 1990, c. H.8, s. 7 (1); 2000, c. 29, s. 1 (1).

To the best of my knowledge the ownership was a true copy... D'you guys think I can beat this one in court?:ngf:

[Rustynut]

As far as I know, we at one time did carry permits in our cabs that were photo copies of the original, however several years ago we began to carry the original because of the problems as you are experiencing arose.

Some of our trailors still carry a photocopied cab card from the issuing state, but that is for the U. S. based units. All our local units carry the originals.

You may want to take the original down to the station and show it to the cop, he may discard the ticket.

They've got you on a techinicality though, no validation sticker copied to the other portion of the registration.

Call up your local chapter of "Points" or similar organization who defend your traffic tickets.

[Towerman]

Did you ask the officer who stopped you, that if you were to bring into the station the original would it clear the ticket. Usually in casees like this you would have 24 hrs to bring the proof and all would be cleared.

[lbjgh]

... dirty thing...

I just can't pay this one! ...like come on man!

[lbjgh]

Maybe I'll try that today...


Did you ask the officer who stopped you, that if you were to bring into the station the original would it clear the ticket. Usually in casees like this you would have 24 hrs to bring the proof and all would be cleared.

[Taz]

I worked in the used car industry for 5 yrs at a place that specialized in "Lease to own" the proper way to do it is to attach the original plate portion to the photocopy of the vehicle portion. Remember to replace a lost ownership is only $10 alot cheaper in the long run. Yuo could call points and ask but it'll cost you about $500 to fight it with them.

[Taz]

Did you ask the officer who stopped you, that if you were to bring into the station the original would it clear the ticket. Usually in casees like this you would have 24 hrs to bring the proof and all would be cleared.

It used to be this way but not any longer, if the ticket has been filed it can't be cleared by anyone other than the courts.

[sargpep]

Sometimes it is better to pay the fine, if you go to court they may reduce the fine..but.. you will lose a day's pay going there

[lbjgh]

I can just see the insurance company saying this is a good reason to raise your rates though.


Sometimes it is better to pay the fine, if you go to court they may reduce the fine..but.. you will lose a day's pay going there

[Taz]

I can just see the insurance company saying this is a good reason to raise your rates though.


If there is no points associated with the ticket then it shouldn't affect your insurance I see nothing here.

7 Points
Failing to remain at the scene of a collision
Failing to stop when signaled/requested by a police officer

6 Points
Careless Driving
Racing
Exceeding the speed limit by 50 km/h or more
Failing to stop for a school bus

5 Points
Driver of a bus failing to stop at an unprotected railway crossing

4 Points
Exceeding the speed limit by 30 to 49 km/h
Following too closely

3 Points
Exceeding the speed limit by 16 to 29 km/h
Driving through, around or under a railway crossing barrier
Failing to yield the right-of-way
Failing to obey a stop sign, traffic light or railway crossing signal
Failing to obey the directions of a police officer
Driving the wrong way on a divided road
Failing to report a collision to a police officer
Improper driving when road is divided into lanes
Crowding the driver's seat
Going the wrong way on a one-way road
Driving or operating a vehicle on a closed road
Crossing a divided road where no proper crossing is provided
Failing to slow and carefully pass a stopped emergency vehicle
Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Improper passing

2 Points
Improper opening of a vehicle door
Prohibited turns
Towing people—on toboggans, bicycles, skis, etc.
Failing to obey signs
Failing to stop at a pedestrian crossing
Failing to share the road
Improper right turn
Improper left turn
Failing to signal
Unnecessary slow driving
Reversing on a divided high-speed road
Driver failing to wear a seat belt
Driver failing to ensure that a passenger less than 23 kg is properly secured Driver failing to ensure that a passenger under 16 years is wearing a seat belt
Failing to lower headlamp beams
Backing on a highway
Driver failing to ensure child passenger is properly secured in an appropriate child restraint system or booster seat

from here
http://www.mto.gov.on.ca/english/dandv/driver/demerit.htm

[lbjgh]

Ya, the cop said no points but it's still $110... thanks Taz

[Rustynut]

It may cost you a bit to fight it but if you don't and your local chapeter of Knee caps incorporated get wind of it when they do their annual abstract check prior to renewing your policy they may just increase your rates depending on whether or not you've had any more on your record for the last 3 years.

The way I see it if it costs you 500 bucks to beat it then it is worth it since you won't be paying an increased insurance rate for the next 3 years.
Do your homework though, paying points $500bucks then losing in court could cost even more!

[dbusguy]

Sounds like you got a cop that was in a bad mood or you ticked him off and he wanted to hit you with something. You know his computer showed that the plates were valid. If there are no points involved, it would be a waste to go to a paralegal as they would charge you more than the $110. You might as well just pay it and put it behind you. He got you on a technicality. Lesson learned. Photocopy both sides.

[lbjgh]

I went to the police station at lunch... no go... they said photocopies are not real copies.

Court it is I guess. I'm gonna see if I can get night court too.

One thing I noticed on the ticket was the cop has the wrong street indicated... donno if the wrong street name on the ticket will help.


Did you ask the officer who stopped you, that if you were to bring into the station the original would it clear the ticket. Usually in casees like this you would have 24 hrs to bring the proof and all would be cleared.

[Taz]

I went to the police station at lunch... no go... they said photocopies are not real copies.

Court it is I guess. I'm gonna see if I can get night court too.

One thing I noticed on the ticket was the cop has the wrong street indicated... donno if the wrong street name on the ticket will help.


Possibly, If you want to fight it consult a paralegel aka Points. But be prepared to pay about $500. I have 2 cases one a log book violation $500 to fight it andthe other a following to close $660 to fight. Just be forewarned its not cheap and the odds of winning without representation is slim

[T_Totler]

Pointts' ad slogan is "We Win Or It's Free". Is that not the case? :rrg:

[Rustynut]

As in Taz's case, I would fight any ticket on principal merely for the fact that we are in a situation where our licence is our bread and butter. That is especially true for tickets which include demerit points.
In that respect paying fees are a good thing, you save the cost over time with a good clean abstract and relatively cheap insurance.

I had one ticket the same as Taz in 1993 a follow too close ticket. One of the drivers knew of a lawyer who took care of it for me and to my surprize he didn't charge a dime!

[Taz]

As in Taz's case, I would fight any ticket on principal merely for the fact that we are in a situation where our licence is our bread and butter. That is especially true for tickets which include demerit points.
In that respect paying fees are a good thing, you save the cost over time with a good clean abstract and relatively cheap insurance.

I had one ticket the same as Taz in 1993 a follow too close ticket. One of the drivers knew of a lawyer who took care of it for me and to my surprize he didn't charge a dime!


Yes for me its not the fines $390 for a log violation and $110 for following to close but they carry with them 2 and 4 points that effect my CVOR. The log violation I will likely beat as it was an OPP officer who made a few errors on the ticket. The other the most I can hope for is a point reduction as a Ford Explorer headed for early retirement as a result.

[Rustynut]

Yes for me its not the fines $390 for a log violation and $110 for following to close but they carry with them 2 and 4 points that effect my CVOR. The log violation I will likely beat as it was an OPP officer who made a few errors on the ticket. The other the most I can hope for is a point reduction as a Ford Explorer headed for early retirement as a result.
Gotta say that ticket I got resulted from a collision with my new Explorer back then. A guy cut in front of me and nailed the brakes because the light ahead was going red but since he braked so hard and slid sideways my Explorer hit him on the left tail light bumper with the center of my bumper just to the left of the licence plate. Only 1700 in damage to mine and not much to the other.
Cop originally charged me with follow too close, after I pointed out the location of the damage he also charged the other one with careless driving.

The only pain was that I had to come back home for his court date while I was on vacation up north. Only lost a day and went back up annoyed when the judge dismissed his charge because the cop didn't show.
Later that year in October it was my turn, the judge read the charge looked up and questioned why it was even brought this far and dismissed it.

As for your log violation, that may just go away if you dispute it.

[Dr.Dan]

The other the most I can hope for is a point reduction as a Ford Explorer headed for early retirement as a result.

Ohhhh.... OWCH!! :hjy:

Yeah, rear ending someone is hard to beat... unless they were backing up.. :hsh:

Good Luck on getting the point reduction.

[Taz]

Ohhhh.... OWCH!! :hjy:

Yeah, rear ending someone is hard to beat... unless they were backing up.. :hsh:

Good Luck on getting the point reduction.

Yeah I know, I didn't hit on the rear though, the explorer slowed rather suddenly in fromt of me and I swerved to the shoulder and then he made a right hand turn(signal free). When that happened there was no avoiding it. The thing that ticked me off was the guy I hit didn't have the proper insurance slip with him, the cop let his girlfriend go home and get it.


damage to the explorer was from the rear quarter to the front fender passenger side

[Rustynut]

Yeah I know, I didn't hit on the rear though, the explorer slowed rather suddenly in fromt of me and I swerved to the shoulder and then he made a right hand turn(signal free). When that happened there was no avoiding it. The thing that ticked me off was the guy I hit didn't have the proper insurance slip with him, the cop let his girlfriend go home and get it.


damage to the explorer was from the rear quarter to the front fender passenger side
Don't let that one go! Take the time to dispute it for sure!
The explorer made an improper turn resulting in the collision, let the lawyer take it to task.
With you being in an % position it may save you tons of cash annually.

[Dr.Dan]

Oh yeah... That sounds totally different now.... seems like an unsafe lane change to me too...

Fight it with all ya got... you might get lucky.. :xcc:

[lbjgh]

hehe, found this info on FYST - Fight Your Speeding Tickets Page
http://www.magma.ca/~fyst/


Before going to court
So finally the court notice has arrived in your mail. Before you start doing anything, you should change your court date. There are two reasons. First, I'm not afraid to tell you right upfront that, most traffic cases are won by dismissal due to no-show of the police officer. If you change your court date, you increase your chance that the cop will not show up. The initial court date that you get assigned is the cop's court appearance day. All of his tickets written in the past month or so will get to be dealt with in that court day, so he WILL show up. If you change it to some odd day, it might conflict with his vacation, or he might be on course, or he just simply forgets, you'll never know. For cases where multiple officers are involved, changing a court date means totally messing up their schedule. It is hard enough to co-ordinate two or three officers to show up on the same day at the same time, while trying to stay within the "reasonable" time limit. By changing it, your chance of one of them not showing up is much greater, or you will get a court date which is way beyond reasonable delay. They probably got you easy with the multiple officer speed trap, but this is how you use it to their detriment!

The second reason is, if your court date falls on the "sensitive period" of your insurance renewal date, you should move it to some other time. Remember I said you should change insurance company the month after you renew your plate stickers? In case you are convicted, you want to make sure that the conviction won't successfully make it to your insurance record. So plan your court date carefully.

When you receive your new court date, you'd better start preparing your case seriously. Go to your local library and find information about the specifics of your court. If you have time, you may borrow some law books on the topic of traffic offences. There you will find a lot more information and previous case laws, but the shortcoming to these books is that they are written for lawyers. You may find them containing plenty of law jargons. However, with some background knowledge after reading this page, you will find these books very valuable to help you fight your ticket. The best chance of finding these law books is from a university library, especially a university with a law school. You might have very little luck in a local or municipal library. Here are some very good books to read:

"The Law of Traffic Offences", by Scott C. Hutchison, David Rose & Philip Downes, published by Carswell, 1999.
"The Law on Speeding and Radar", by A. Shakoor Manraj & Paul D. Haines, published by Butterworths, 1991.

The reason why you should read on some of the law books is that these contain a gold mine of information. You may have noticed that the actual official law book, the Highway Traffic Act, is very vague in a lot of respects. For example, it doesn't say anything about using radar to detect speed. There are no written laws which says how a police officer should be trained in order to be a qualified radar operator. These laws are established, through a rather "non-standard" way, by previous relevant cases. These laws are called "case laws". They are essentially decisions made by Judges or Justices in the past, which will be referenced by later court cases of the same nature. The above two suggested books contain a lot of those relevant case laws, which will be very useful for your defence.

The next thing to do is to file a motion to the provincial prosecutor's office to request a disclosure of the prosecution's evidence. As the ancient Chinese saying goes, "Victory comes from the mutual knowledge between yourself and your rival." You have every right to see what the prosecution has against you. If you had made statements to the police officer during a citation, and he had written them down, you have the right to see them. If you were involved in a collision, and some witnesses had provided statements to the police, you also have the right to see them. So it is a good idea to remain silent and not say anything to the police when you are pulled over. He won't have much to write down and it can only help you. Do this well in advance to allow yourself ample time to prepare your case.

When you request a disclosure, be very specific of what you need. Just saying "please send me your evidence that you will be relying upon" will result in a lot of important information missing from the disclosure. If the prosecutor receives something like this, the most they would do is make a copy of the ticket (if you are lucky you may get both sides of the officer's copy) and send it to you, which you may already have. You should be very specific. Here is an example:

1. Both sides of the officer's copy of the ticket
2. Any statements of the accused made to the officer
3. Any statements of witnesses

Now even these are not enough. Since radar (or laser) was likely used in the citation, you have the right to know if the radar unit was tested and operated properly according to the police agency's own regulations. To find out more about the radar (or laser) unit, you have to make a public record request, or discovery, by citing the Freedom of Information Act (Ontario), sections 10 and 11, to get the information you want. Here is an example of the things you might need:

1. The make, model, and serial number of the radar/laser unit, and its owner's manual
2. The officer's training record specific to the said radar/laser unit
3. Any repair history of the unit
4. Records of any calibration equipment such as tuning forks (not applicable to laser)
5. Official procedure for radar/laser equipment testing and operator training standards

Write the request and send it to the police agency which you believe the citing officer belongs. For example if you were pulled over on Highway 401, an obvious candidate is the OPP. Find the closest detachment from where you were cited, and send your request to that detachment. Same as the case in requesting disclosure, you should do this well in advance to allow yourself lots of time to prepare for the trial. Be polite when you send the request, even though you might be angry because the officer was rude. If you nearly ran him down when he was trying to wave you over, of course he would be unhappy. However this is not the time to lodge a complaint no matter how right you think you are. On the other hand, be prepared to get intimidated in the process, since so few people fight their tickets, and among those who fight, a scarce number of them actually ask the police agency to provide them with information. I am not surprised if a lot of police departments have very sloppy records, or do a very poor job of organizing them. If a piece of record isn't provided, demand further explanation. It could be the record is lost, they don't keep such records, or they refuse to give it to you. Be persistent if they refuse. Whatever the excuse is, document it. If they say they never calibrate their tuning forks, have someone with authority sign an affidavit* certifying this fact. No fact is unimportant when it comes to trial time.

*affidavit: a written statement given under oath.

Two important things you should remember when you send your requests for disclosure and/or discovery:

First, make sure you send them by registered mail. This way they cannot claim that they have never received it because someone must sign for it. The major difference between disclosure requests and public records requests is the court may dismiss the charge when the prosecution fails to provide you with complete disclosure. If the police agency fails to give you the records you requested, the court won't dismiss the charge on that grounds. In other words, public record requests are separate from the trial.

If the prosecution fails to provide you with disclosure, or the disclosure is incomplete, you can send a second motion requesting the missing information. If it also fails after the second attempt you should bring out this issue to the justice of the peace on the day of the trial, and move for a dismissal due to a lack of disclosure. Remember to bring your receipt from the post office.

Second, you probably may not want to put your phone number on the letters. The reason is, if the prosecution refuse to provide you with disclosure for whatever excuse, they cannot call you, but instead they have to reply your letter through the mail. This way you have written proof that your request was refused. If you just talked on the phone, they can deny all they want. I have personally received such written replies from the prosecution that "disclosure is never requested from the courts" (!?) First I sent it to the prosecutor's office, not where the court house is, and second, whether it is the court or the prosecutor, they have responsibility to provide me with disclosure. With that kind of blatant refusal, you know what would happen at the trial.

Sample letters for your convenience:
Disclosure request
Public records request
just replace the red letters with your information! It's that easy!

When you receive the disclosure, carefully examine the officer's notes and see what he has written down. You might have a hard time reading his hand writing, as this is not intended for anyone but himself to read. If you didn't make a big mess when he pulled you over, he is not likely to write much down. Prepare your questions for cross-examination of the cop, and ask a friend to practise it with you a few times. If you have time, attend some court sessions as a spectator to see how proceedings work.

(See Appendix B on how to prepare for the trial)

What if you have waited for a very long time but never receive the court date? Or what if your trial date is scheduled months away from the date you were cited? This is very good for you. Under the Canadian Charter of Rights and Freedoms, ANY PERSON CHARGED WITH AN OFFENCE HAS THE RIGHT TO BE TRIED WITHIN A REASONABLE TIME. No matter what, you are in a very good position indeed. Although there is no absolute time limit of the delay of your trial, the court has violated your right if you are scheduled more than 8 months away. That explains why you have to fight every traffic ticket in order to jack up the cases the courts have to handle. If everything is so backed up, all motorists are looking at a very bright future. A news report on November 26, 1997 by The Ottawa Sun will definitely give you a much needed encouragement. Click here to see the news report and my comment.


The court date

You can't sleep last night. Because today is your court date. You should not dress too formally when you go to a traffic court. A T-shirt and a pair of jeans will do, as long as they are neat and not torn. Arrive early so you have a chance to study other people's similar traffic cases and learn how court proceedings work if you haven't already done so.

There are a few things you have to remember when you attend a court session:

* Do not talk in the spectator area;
* Do not wear a hat;
* Stand up when the judge enters or leaves the courtroom;
* Bow to the judge when you enter or leave the courtroom;
* Always address the judge as "Your Worship" or "Your Honour". Don't call him/her "you";
* Show your respect. If you act like a 5-year-old kid, it will only make you look like a jerk and it is definitely not to your advantage;
* Video and/or audio recordings are not allowed. Unobstrusive hand written notes for educational purposes is however permitted in the courtroom (if you are the defendant, you need to take notes).

Unlike the court sessions you normally see in movies, traffic courts are pretty informal. You are expected to be treated leniently, and sometimes you, the judge and the prosecution will involve in 3-way conversations during the trial. Chances are, most of the defendants in the court room know about court procedures less than you. Showing your etiquette in court will impress the judge.

Plea bargain:
In some courts, in order to save time and costs, the prosecution may offer plea bargain prior to the trial. It's your call to accept this. In a plea bargain, you and the prosecution work out what charges satisfy both parties, instead of taking the case through the whole process of a trial. If you want to plea bargain with the prosecution, you may do it after the court opens for admission and before the judge enters the courtroom. Normally, if you are charged reckless driving, you can admit a speeding offence but plead not guilty to the more serious offence. The prosecution may or may not accept this depending on the situation and its evidence. Some courts even allow a speeding charge to be bargained down to a seatbelt violation. I don't think Ontario will accept this, but it happens in the US. After all, they are more interested in your money than anything else. If you agree to pay up in some form or another, they are equally happy.
If you are more concerned with the insurance premium increase, it is better to just take it to court and beat it down. To the insurance industry, it is the number of convictions that counts. Unless you are facing a loss of license, it is worth the risk of rejecting the plea bargain and taking it to trial.

The players:
When you go to court, you have to know who is who and who does what. The players include:

* The judge - usually in a provincial offences court, this person is called a Justice of the Peace ("Justice"). A Justice does not practise law, does not have a law degree, but has a certain amount of legal training. He/she is a lay person, just like you. A Justice should be addressed to as "Your Worship". When you are in a higher appeal court, you will be facing a Provincial Judge, who practises law and has a law degree. A Provincial Judge should always be addressed to as "Your Honour". Throughout this article we will simply call this player the judge. He/she will preside the court and make rulings. The judge will sit at the judge's bench located in the front middle of the court room.
* The court reporter - this person handles the documents for the judge and make tape recordings of the trials. He/she is seated at a desk to the right hand side of the judge. You usually won't talk to this person.
* The prosecutor - this is your enemy. Called the "Crown" in the law profession. The attorney acting on behalf of the Crown will try to elicit facts from their witnesses to convict you.
* The police officer - the Crown's most important witness. Contrary to common belief, he is not your enemy now. He is only the assistant to the Crown and to say what happened from his personal knowledge. If he isn't careful in what he says he might even help your case. If he is not there, congratulations, you win.
* You - the defendant. You are entitled to defend yourself after the Crown has finished presenting its case.
* Your counsellor - your lawyer or agent. He/she will be entitled to cross-examine the Crown's witnesses and try to destroy their evidence and credibility. If you choose to defend yourself, he/she will try to elicit facts from you in order to prove your innocence. This is called providing contradicting evidence. If you are not represented, you play this role as well.
* Your witnesses - their testimonies should help your case somehow. You counsellor will try to elicit facts from them to prove your case. The Crown will get the chance to cross-examine them also.
* Spectators - they are a bunch of unfortunate people, just like you. Most of them are waiting for their cases to be heard, and some of them are friends and relatives of the accused's. You don't need to worry about them at the trial.

The trial
When you arrive at your assigned court room, first check the docket posted outside on the bulletin board. (Regina vs. You! You are doing legal battle with the Queen! How intimidating...) Check to see if your name is on the list. If not, go to the information desk and ask for assistance. If your name is on the list, then you can take a seat outside of the court room and wait for the court to open. Note that although you may have a last name beginning with 'W' or even 'Z', it doesn't mean that your case will be heard last. So don't wander away. The court will usually open for admission 5 to 10 minutes prior to the designated time, and will be announced on the public address system. When the court room opens, go in and take a seat at the spectator area, then wait for the judge to show up.

When the judge comes, rise. Next the judge will dismiss the cases where the officer is not present, and the defendant showed up. If you are one of the lucky ones, he will call out your name, and announce that the province wishes to withdraw the charge. You then leave the court room with a big grin on your face! And there are cases where both the officer and the defendant don't show up. In which case, the province won't withdraw the charge and will convict the defendant in his absence. What a waste of opportunities!

Next comes the "guilty with explanation" pleas. These are the quick cases. After these people are gone, there should not be many left in the court room.

When the judge calls your name, you stand up. He/she will announce the offence you are being charged, e.g. "You are charged with the offence of speeding 130km/h in a 100km/h zone, contrary to the Highway Traffic Act section 128, how do you plead - guilty or not guilty?" If you have made this far, and have prepared your case, say "Not guilty! Your Worship." then take a seat at the counsellor's table on the left.

First, it is the prosecution (the plaintiff) to present its case. The prosecutor will call his witness(es) to testify. The prosecutor will try to guide the witness by asking questions to elicit facts to prove its case. This is called "examination-in-chief", or "direct examination" in the American context. When the witness finishes, it is your turn to ask the witness questions. This is called "cross-examination". Cross-examination is the most important step since it is your opportunity to embarrass the prosecution and cast doubt on its case. If there are multiple witnesses for the prosecution, the next one will only be called when you are done cross-examining the first. This process repeats until all witnesses for the prosecution have finished testifying and have been cross-examined. This concludes the prosecution's case.

It is now time for the defence to present its case. The process works pretty much the same, except that now the roles have switched. You call your witness(es), and the prosecutor does the cross-examining. You can testify for yourself, and the prosecutor will cross-examine you. This part is entirely optional. Unless you have some witness who is vital to your defence, it is usually recommended to just skip this part. If you have scored enough points in cross-examining the cop, don't waste your time to give your own defence. Remember, if you give your own defence, the prosecution will have the opportunity to cross-examine you. If you (and your witnesses) are not experienced, you might get screwed up there.

After the defendant's testimony, both parties will give their closing arguments. You should make a summary of points you raised, and WHY you should be innocent. The summary should be brief and concise, and you should not introduce new arguments here. It usually starts with "Your Worship, I sincerely ask that a verdict of not guilty be entered based on the grounds that..." then you state your reason(s).

Then the judge will deliver the verdict, which is either guilty or not guilty. If you are not guilty, you are free to go. If you are guilty, the judge will pass the sentence. The judge will already have in his/her mind how much the fine should be, but he/she may ask your submission on how much time you need to pay. You should be prepared to explain your situation to the judge if you need extended time. Sometimes you are legally guilty but you had a good case, the judge will pass a "suspended sentence". Which means if you do not commit the same offence again in a certain time period, your fine is waived.


Let the games begin!

[Rustynut]

hehe, found this info on FYST - Fight Your Speeding Tickets Page
http://www.magma.ca/~fyst/


Let the games begin!
All well and fine, but one needs to be able to attend court in order to fight it.
Personal experience tells me that you lose that day from work and that isn't too bad unless you are self employed and you can't afford to lose your day as the payments don't stop if you miss a day. So unless you have some funds put away to cover a day off it is a tough go.

[lbjgh]

Well, I had my day in court... I won! :)

[Glen]

Congrats lbjgh! Perseverance pays off.
I just started reading this thread and thought I would pass on an experience of mine. While travelling along a highway, the guy infront of me signalled to turn right. He slowed down to a crawl, so I started to pass him(dotted line). He turned left, I swerved as far over as I could and he tore my rear quarter panel just about off. He lost his front bumper and spun me around. I was deemed 1/4 responsible as I had changed lanes to pass!!! To top it off, he was coming from a wedding reception and I had had a beer. Cop asked if anyone had been drinking as he could smell it. I said yes, he said nothing, I get to blow!

[lbjgh]

Thanks Glen. All I had to prove was that the MTO had validated my permit for the period in question.

Were you charged with anything? Take it to court if ya did.

[Lesley]

Congrats.

[Glen]

Thanks Glen. All I had to prove was that the MTO had validated my permit for the period in question.

Were you charged with anything? Take it to court if ya did.

I wasn't charged with anything but it did affect my insurance at the time. The guy didn't even know I was behind him. You would have thought the cop would have clued in that he should have taken the breathalyser.