Anyone tried thetrafficlawyers.ca?

[AirRaidSiren]

Anyone tried thetrafficlawyers.ca? advice on paralegal vs lawyer please?

Originally I was thinking definitely lawyer. It's a careless driving charge, just got the summons, and there's a witness. One lawyer recommended to me is a criminal lawyer by practice, and is estimating minimum 5000, maximum 15000, and says in all likelyhood I'll wind up around the halfway mark in that range. He notes other cases much worst than mine where he's been successful, says no one's ever complained about his fees, etc.

So to compare I am seeking others. I've arranged a phone consultation with thetrafficlawyers.ca Burrows office in Vaughan. Any experiences with them would be appreciated.

Initially I was thinking only a lawyer to handle this case. I don't need it knocked down, I need it gone. But the fee for the first lawyer I talked to has me scrambling a bit. So I know a lot of people are happy with Redline. I've called and they talk well, and make a decent case for experience in an area of focus making up for lack of lawyer credentials.

Anyone have real experiences dealing with lawyers vs. paralegals for something like this?


Thanks in advance for any insight you can offer.

 

[hedo2002]

Re: Anyone tried thetrafficlawyers.ca? advice on paralegal vs lawyer please?

Each has their "good sides" and each has their "bad sides" No one, (lawyer or paralegal), will guarantee you they can "win" to the point of a complete dismissal. A "guaranteed win" usually refers to some form of a reduction, either in the actual charge or the severity of the penalty. Lawyers, who specialize in traffic offenses, will be more skilled in areas of potential defenses and the success of such defences. Paralegals certainly handle more cases, (usually for two reasons, first they tend to go more for reductions than actual defences with acquitals, and secondly, because they are cheaper so ore people use them). But quantity, often doesn't equate with quality.

If you absolutely have to have this charge "gone" as in dismissed, then a lawyer is going to be your preferred route. If you can handle a reduction to a lesser, (but could still be serious), charge then a paralegal "may" be able to accomplish this, (can't say without knowing all the facts etc), for a lesser fee.

Good luck

 

[Brian P]

Re: Anyone tried thetrafficlawyers.ca? advice on paralegal vs lawyer please?

It is virtually guaranteed that if you use a paralegal, they will have it plea-bargained to a lesser charge. Their contract language is always such that this is considered a "win" and you have to pay them.

If your defense strategy has a leg to stand on, this is a job for a lawyer, in my opinion. Most lawyers offer a free consultation - this is to your benefit and to theirs, so that both sides can feel out the case - it sounds like you have already done this.

 

[iFly55]

Re: Anyone tried thetrafficlawyers.ca? advice on paralegal vs lawyer please?

#1, anyone that's promising you anything without actually looking at the disclosure: officer's notes, witness statement, collision report is lying through their teeth; that should be an immediate red-flag on their character.

At the very minimum get disclosure, officer's notes and if there was a collision report; get your hands on that too. Review it yourself, and sit down with prospective legal counsel and ask what they can do with it? Because what's in front of you is all that the prosecution has to proceed with the case.

Fighting an HTA charge with a lawyer is like using a B-2 bomber and carpet bombing a group of unarmed refugees. Without knowing the events that led up to you being charged for HTA S130; I can't see why you would throw away hard earned money like this?

Maybe grouped together with DUI, fail to remain, flight from police, collision involving death and other criminal code charges which beg for incarceration.

Lawyers are used for Criminal Code Charges where incarceration and a criminal record is on the table. You don't spend $300/hr to fight a $490 traffic ticket that comes with 6 points (irrelevant if you're a fully licensed driver) and at most your insurance doubles for the next 3 years. The opportunity cost? There's no way the increased insurance premiums would ever justify the costs of a lawyer.

The reason you don't see lawyers in traffic court is because the essential elements to get convictions for traffic offences are a bloody joke. I have friends that are lawyers and they don't even bother fighting their OWN HTA tickets; if they're busy in court they ask other lawyers in their firm to help them... and all they do is look at the disclosure and if the essential elements are there... they get a plea-deal. If not, speak to the prosecutor and the charges are withdrawn. That's what competent paralegals do as well.

These are especially true for absolute liability offences, where the courts don't care "why you committed" the offence. Maybe strict liability offences like Careless Driving, Lane Change not in Safety, etc an argument could be made whether your driving fit the charge and if you have a "due diligence" defence. A competent paralegal can easily push those type of defences.

You could even fight this self-represented, but if you want legal counsel... just find a competent paralegal armed with your disclosure and see what their opinion is; don't waste your money on a lawyer, it's complete overkill and there's very little they can do in traffic court that a competent paralegal can not do.

 

[Ron Harper]

Re: Anyone tried thetrafficlawyers.ca? advice on paralegal vs lawyer please?

Originally I was thinking definitely lawyer. It's a careless driving charge, just got the summons, and there's a witness. One lawyer recommended to me is a criminal lawyer by practice, and is estimating minimum 5000, maximum 15000, and says in all likelyhood I'll wind up around the halfway mark in that range. He notes other cases much worst than mine where he's been successful, says no one's ever complained about his fees, etc.

I have been a Crown Prosecutor, Municipal Prosecutor, and worked on the defence half of the courtroom for over 30 years. Generally HTA matters are dealt with by paralegals as they deal specifically with this area of law. This usually includes law firms who will generally have a paralegal on staff or retain a paralegal to do the actual work on their behalf. The Traffic Lawyers, to my knowledge, follows this same structure in having a paralegal assigned to these matters.

Paralegals and lawyers are bound by the same facts involved in a given matter and by the same rules of law and court procedure. Whether you are retaining a paralegal or lawyer, your legal representative will discuss with you and get in writing your instructions about how you wish to proceed. It would be incorrect to state that paralegals simply enter guilty pleas. One simply has to attend an Ontario Provincial Offence Court during the later part of a day to watch the trials being conducted by them. That being said, a good paralegal or lawyer can advise you on the merits of your defence at trial after having reviewed disclosure from the Prosecutor's Office. If you have a poor defence, the recommendation may be to negotiate a plea deal to mitigate the penalties being faced. If you have a strong defence, it may be possible to reach an agreement with the Prosecutor involved to have the charge withdrawn on the trial date. Failing that, the matter will proceed to be argued at trial.

Careless Driving is not a criminal offence and falls under HTA section 130. These offences carry a 6 demerit point penalty and should be aggressively fought against as they have severe consequences to insurability.

 

[klr_guy]

Re: Anyone tried thetrafficlawyers.ca? advice on paralegal vs lawyer please?

I have been a Crown Prosecutor, Municipal Prosecutor, and worked on the defence half of the courtroom for over 30 years.

Welcome to the site Ron. You may be kept busy here

 

[PrivatePilot]

Re: Anyone tried thetrafficlawyers.ca? advice on paralegal vs lawyer please?

Welcome to the site Ron. You may be kept busy here

x2, I look forward to your insight.

 

[AirRaidSiren]

Re: Anyone tried thetrafficlawyers.ca? advice on paralegal vs lawyer please?

Thank you so much for all your advice. I never thought I'd wind up being charged with such a thing. I'm just not a wreckless person; we keep looking at this charge with bewilderment. I'm advised not to say anything else on the specifics. I really really appreciate your different perspectives. I'll continue to appreciate any advice on the process if anyone thinks of anything I should keep in mind or expect. Thank you so much. Wish you all a happy and safe holiday.