Early resolution

[abkdt41]

Got 2 tickets for not providing the officer with my insurance slip and ownership

They were both valid but I wasn't able to find them

I've never been to an early resolution before

What's the procedure?

Can anything you say be used as evidence during the trial?

Any other helpful suggestions are welcome

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[Audicy]

I don't know. I have one on the 29th this month.

Fingers crossed.


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[PrivatePilot]

Get letters/proof from your insurance company that insurance was indeed in force when you were issued the ticket. Just showing up with your pink may not be enough as they could suggest the policy isn't still in place, or was just reinstated afterwards. Going the extra mile to show proof of coverage when you received the ticket is worth the effort.

Bring the ownership, it's pretty clear as it's dated from when you first purchased the vehicle.

Early resolution is typically with a JP and is (based on my experience) generally fairly informal. Yes, AFAIK what you say can be used if you proceed to court so be careful.

Chances are with adequate proof the JP will offer to reduce the dollar figures, and may offer to toss one of the charges out all together if you eat the reduced fine on the other. To the best of my knowledge both of those charges are not biggies so far as insurance goes (not moving violations) so they won't have much of an effect anyways, so if the JP offers to toss one and reduce the other, or even reduce both to negligible amounts it's worth taking (in my opinion..others may disagree) - if you refuse and drag it into court the judge will probably stick you for the full amount and you'd be unlikely to win as you did commit the offences in the end. The JP is typically much softer to deal with especially if you can show your paperwork - the goal is to keep you out of the courtroom and help move things along for the judge. If you insist on pleading not guilty and drag it into the court, IMHO, I would not expect anywhere near as favourable a result as just settling in early resolution.

I'm not a lawyer, but I did stay at a Holiday Inn last night. Your milage may vary. Rinse, Repeat, wipe hands on pants.

 

[Paulo M.]

Do what PP said. Unless you've had the same no proof of insurance and ownership tickets before, the JP will let you off. However, if you have had either of those tickets before, or police provide the JP with proof you've been stopped, and been warned multiple times before about proof of insurance and ownership and they've let you off with a warning those times, then the JP will probably not work with you very much.

 

[hedo2002]

First off Depends, where you are located the "first appearance" or "early resolution" in the larger courts, such as say York Region are not with a JP but rather you meet a crown in an office type setting the meeting is recorded from start to finish. Your generally asked to state your name for the record etc. In 99.9% of the cases, as long as you have your pink insurance slip and original, (or replacement from Service Ontario, photo copies are NOT acceptable), The crown will dismiss the charges on the spot.

Of course if you have had previous violations for the same infractions previously may be a bigger hoop to jump through. You certainly can have your agent/broker email you a letter stating you have had insurance in effect from... till. etc

The meeting if you have the proper documentation will last literally 2 minutes. you will spend much more time waiting to see the crown. Show up as if you were going into court, (decent clothes, hair combed etc).

 

[knowledge]

Hey guys,

I've never dealt with this before so I was just wondering if you guys could enlighten me about how this process works...

I got a ticket for 33 over and the resolution is next month. I want this thing gone so I'm likely gonna hire a lawyer/paralegal to sort it out. Should they be the ones at the resolution? Or can I go to see what my chances are like and then hire a lawyer afterwards?

I apologize in advance if I sound like an idiot lol. Also, if you guys have any recommendations for lawyers up in Cobourg, please let me know!

 

[statsman]

The early resolution process was started so that those wishing to plead guilty or guilty with an explanation wouldn't take up court time.
Essentially, it is a meeting with a prosecutor. You give your explanation and the prosecutor has the authority to deal with it.
The result could be the charges are dropped, guilty of a reduced charge or a fine reduction.
If you are not satisfied with the offer, you can still go to court.
From other posts on similar topics on the forum, it appears the standard outcome for no insurance is that if you provide proof of insurance, the charge is dropped.

Remember, this is not a trial. If you have a defence in law to the charge, the prosecutor can't deal with it and you'll have to go to court.

 

[statsman]

Hey guys,

I've never dealt with this before so I was just wondering if you guys could enlighten me about how this process works...

I got a ticket for 33 over and the resolution is next month. I want this thing gone so I'm likely gonna hire a lawyer/paralegal to sort it out. Should they be the ones at the resolution? Or can I go to see what my chances are like and then hire a lawyer afterwards?

I apologize in advance if I sound like an idiot lol. Also, if you guys have any recommendations for lawyers up in Cobourg, please let me know!

I'm not sure if you can be represented at a resolution by counsel. I would assume that you can be.
It would probably be best to call your local Points or similar agency and ask them.

 

[Neil_V]

Hey guys,

I've never dealt with this before so I was just wondering if you guys could enlighten me about how this process works...

I got a ticket for 33 over and the resolution is next month. I want this thing gone so I'm likely gonna hire a lawyer/paralegal to sort it out. Should they be the ones at the resolution? Or can I go to see what my chances are like and then hire a lawyer afterwards?

I apologize in advance if I sound like an idiot lol. Also, if you guys have any recommendations for lawyers up in Cobourg, please let me know!

Don't waste your time with early resolution. You'll never get a speeding ticket dropped. Just hire someone good and then maybe you get it dropped, but more likely a reduction will be the result. Make sure the paralegal knows you want it gone, otherwise they tend to just show up 30mins before trial, chat with the prosecutor, and take a minor reduction as victory.. It's a well oiled money making machine for all involved.

 

[Iceman]

I wouldn't bother hiring anyone. They likely won't get it dropped and you can get it reduced yourself quite easily.
Reductions are everyday common, getting a 33 over tossed not so much.

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[statsman]

Don't waste your time with early resolution. You'll never get a speeding ticket dropped. Just hire someone good and then maybe you get it dropped, but more likely a reduction will be the result. Make sure the paralegal knows you want it gone, otherwise they tend to just show up 30mins before trial, chat with the prosecutor, and take a minor reduction as victory.. It's a well oiled money making machine for all involved.

He's also charged for no insurance, which will likely be dropped at a resolution if he can produce the insurance certificate.
One charge at a time.

 

[Neil_V]

He's also charged for no insurance, which will likely be dropped at a resolution if he can produce the insurance certificate.
One charge at a time.

I was replying to @knowledge regarding his 33 over ticket, I think you're referring to the OP

 

[statsman]

HMMM. I think you're right.

 

[hedo2002]

@knowledge, the advice you have gotten here is very solid, There is no advantage to hiring a paralegal service for a 33 km/h over ticket, they are VERY unlikely to get it tossed, (have it gone as you say you want). A "good' lawyer, "may" find a loop hole or error somewhere, but then again may not, (it will be pretty expensive to find out if he/she can actually beat the ticket, despite what they will tell you).

The crown, will in all likelihood make you an offer of a lower speed at early resolution, (unless you have a terrible driving record). As for insurance it won't matter if your convicted of 33 over or 10 over the surcharge is the same. The "only two advantages to a reduced speed is lower fine, and less points, from MTO, (which as has also been pointed out is really of no concern unless you already have a terrible driving record).

I suspect you will likely see an offer of between 20 - 25 over for your ticket. Just keep in mind that if you decline the crown's offer and go to trial, you will be tried at the "actual speed" you were traveling, (so if cop dropped it from say 40 to 33 at roadside), you go to trial at the 40 km/h over, not the 33 km/h. Again the only difference would be points and the amount of fine.

 

[PrivatePilot]

Don't waste your time with early resolution. You'll never get a speeding ticket dropped. Just hire someone good and then maybe you get it dropped, but more likely a reduction will be the result

With a decent driving history you can do this yourself in early resolution, easily. Not sure why you'd hire a paralegal and pay them more than the difference in what you might save on the ticket only to accomplish the same result in the end. Unless there's some firm legal basis on which you feel the ticket can be completely dismissed, a paralegal/lawyer typically proves to be a big waste of money.

The crown, will in all likelihood make you an offer of a lower speed at early resolution, (unless you have a terrible driving record). As for insurance it won't matter if your convicted of 33 over or 10 over the surcharge is the same.

This. Go to early resolution and take it. Again, unless you have some 100% solid reason why you think you can successfully fight the ticket all the way to court and have it completely tossed, don't waste your time going any further than early resolution.

 

[Neil_V]

With a decent driving history you can do this yourself in early resolution, easily. Not sure why you'd hire a paralegal and pay them more than the difference in what you might save on the ticket only to accomplish the same result in the end. Unless there's some firm legal basis on which you feel the ticket can be completely dismissed, a paralegal/lawyer typically proves to be a big waste of money.

The key point was he wanted it gone, which I said will never happen with an early resolution, even with a spotless record. They are in the business of getting convictions, and speeding is a slam dunk for them.

 

[hedo2002]

The key point was he wanted it gone, which I said will never happen with an early resolution, even with a spotless record. They are in the business of getting convictions, and speeding is a slam dunk for them.

@privatepilot... You and Neil are both correct, and essentially saying the same thing, the OP shouldn't bother to hire a firm to "fight it" as they are likely only to get a small reduction, (which the OP can get him/herself). Unless there is a "fatal flaw" a 33 km/h over speeding ticket is going to "be gone". As Neil rightfully pointed out speeding is almost always going to lead to a conviction, unless the officer is sleeping at the switch and makes a fatal error on the ticket, (which courts have severely limited in recent years), even an incorrect driver's licence number, or incorrectly recorded licence plate, is no longer considered a fatal flaw anymore. The crown is now permitted to "amend" the ticket or charge etc.

 

[PrivatePilot]

The key point was he wanted it gone, which I said will never happen with an early resolution,

Aha, agreed. Waste of money in the end.

 

[knowledge]

Hey guys, thanks so much for the replies.

I didn't realize it was THAT hard to fight a ticket and win these days? The only reason I think I might have a chance is 'cause I think the officer paced me and might not have actually used a radar. I slowed down after noticing the "stealth" SUV following me for a little bit...and I'm usually pretty good at checking out where they're hiding as I pass exit ramps, etc. But I can't know any of this until I get disclosure - and I imagine they won't be in a rush to give me that.

@privatepilot... You and Neil are both correct, and essentially saying the same thing, the OP shouldn't bother to hire a firm to "fight it" as they are likely only to get a small reduction, (which the OP can get him/herself). Unless there is a "fatal flaw" a 33 km/h over speeding ticket is going to "be gone". As Neil rightfully pointed out speeding is almost always going to lead to a conviction, unless the officer is sleeping at the switch and makes a fatal error on the ticket, (which courts have severely limited in recent years), even an incorrect driver's licence number, or incorrectly recorded licence plate, is no longer considered a fatal flaw anymore. The crown is now permitted to "amend" the ticket or charge etc.

So basically...I'm ****ed. Can anyone confirm? haha

Honestly, it is a lot of money to fight it but 25 with a SS is pretty harsh on someone with a ticket. So I sort of don't have a choice

 

[conundrum]

So basically...I'm ****ed. Can anyone confirm? haha

Honestly, it is a lot of money to fight it but 25 with a SS is pretty harsh on someone with a ticket. So I sort of don't have a choice

I'm with Hedo on this one...everyone says fight it all the time, but really if you are 30 over, how are you going to prove and justify that you weren't speeding, even 1km/h over the limit, at all. Unless the officer screwed up big time, I don't see that happening. Also from what I understand of insurance, a minor conviction is a minor conviction...so if you get nailed with 30 over or 10 over, they see it the same way.

As for what can you do...not much really. Only thing you could have done (besides not speed), is see if your insurance offers a small add-on for 'first ticket free'. All State apparently does this, otherwise it is a 15% mark up on first ticket. With TD MM, I believe they look at your history, and decide from there. When TD noticed the one minor I have, my rates didn't go up at all, but then it was the first one in 10 years or more.