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Early resolution
- Thread starter abkdt41
- Start date
Generally this, however I believe you are usually meeting a prosecutor. Where did this happen? The song and dance can vary a little by region. The less busy courts may be less inclined to cut you any slack.
Anecdote - was riding around with expired plates (had genuinely forgot - my birthday is in the dead of winter, and I have a habit of putting it off until spring) and got ticketed for it. I showed up for early resolution, there was a long line of people to see the same prosecutor. This lady was a super hard *** - given that most people had something worse to deal with me, but she was generally telling most of them to pound sand. She gets to me, and I am more than a little intimidated by this point, asks me what's the charge, I show her the receipt for the sticker I bought the next day, she threw out the charge and sent me on my way.
Had a ticket recently which claimed that I was doing 26kph over near Wasaga. I went to court to fight it and they made sure it was a real pain in the *** to jump through the hoops but in the ended I won the case because the office didn't take notes, or lost them, or forgot them at home...whatever he did he didn't have the notes from the stop on him.
1. Asked for disclosure and didn't receive it.
2. Went to court and stated no disclosure and showed proof of when/how I requested it.
3. Missed next court date due to work trip to Turkey.
4. Charged.
5. Went to court with passport and plane tickets to prove I was out of country, case re-opened.
6. Showed up to new court date
7. Stated that I'm still waiting for disclosure, and that I requested it in court with the same judge and prosecutor at my last appearance
8. They couldn't find the notes (officer was in court) and dropped all charges.
9. Bought lotto ticket cause I couldn't believe that worked.
1. Asked for disclosure and didn't receive it.
2. Went to court and stated no disclosure and showed proof of when/how I requested it.
3. Missed next court date due to work trip to Turkey.
4. Charged.
5. Went to court with passport and plane tickets to prove I was out of country, case re-opened.
6. Showed up to new court date
7. Stated that I'm still waiting for disclosure, and that I requested it in court with the same judge and prosecutor at my last appearance
8. They couldn't find the notes (officer was in court) and dropped all charges.
9. Bought lotto ticket cause I couldn't believe that worked.
yodude
Banned
show up & cop is mia
That's about the only hope short of an epic screwup on the officers behalf like Mimico above.
However, both scenarios are extremely unlikely, and betting on them to get out of a ticket isn't likely to end successfully.'
I agree with PP here on this one. In fact, my wife got busted for a cell phone use ticket around the same time and we did the same route as above...but they provided disclosure immediately. There was no disputing it, no fighting it, and the prosecutor didn't want to hear anything...so she got ticketed. Thankfully it was before the new law came in of $490 + 3 points or whatever it currently is.
As for me, I rolled the dice and got lucky that the cop didn't provide disclosure/notes. If he had, I would've just hoped for a lower value (they were offering everyone 15kph over that came in) and be done with it.
Most important IMHO is to see what actual evidence they have on you. And the disclosure will give you that. Then decide what you want to do.
And as 'youdude' says...officer may not show up...but it doesn't help if you don't recognize him, and I don't think that the prosecutor will give up that info before trial.
As for me, I rolled the dice and got lucky that the cop didn't provide disclosure/notes. If he had, I would've just hoped for a lower value (they were offering everyone 15kph over that came in) and be done with it.
Most important IMHO is to see what actual evidence they have on you. And the disclosure will give you that. Then decide what you want to do.
And as 'youdude' says...officer may not show up...but it doesn't help if you don't recognize him, and I don't think that the prosecutor will give up that info before trial.
Officer being there or not doesn't matter at early resolution - you deal with only the prosecutor who may or may not have the disclosure themselves already. In my last case they had it, I read it, realized I was hosed, pleasantly asked if there was anything they could do with the fine since I understood and accepted that the charge was almost certainly going to stick (I was realistic, I KNEW I was screwed at that point) and they did knock the ticket down a not insignificant amount.
Only if you proceed to court beyond early resolution (or you opt to simply not do early resolution at all) does the officer not showing up offer you an opportunity to have the ticket tossed. But that's a gamble, with bad odds at that.
There comes a point where you have to ask yourself if potentially 2 lost days of pay fighting a ticket that might not yield much more beyond a small fine reduction is worth it in the end.
Only if you proceed to court beyond early resolution (or you opt to simply not do early resolution at all) does the officer not showing up offer you an opportunity to have the ticket tossed. But that's a gamble, with bad odds at that.
There comes a point where you have to ask yourself if potentially 2 lost days of pay fighting a ticket that might not yield much more beyond a small fine reduction is worth it in the end.
We all have to remember this ticket was issued a considerable distance from the GTA.
Meaning if the OP decided to go to early resolution and figures he is screwed it is a wasted trip, Likely at least one night in a hotel.
Then he has to travel back for a trial, (if that is the route he decides to go). Again likely a hotel room, to "hope" the cop doesn't show.
In smaller jurisdictions like this the detachment commanders are pretty hard on guys missing their court dates and the crown has officer's schedule at hand, when setting court dates, etc.
OP some of the others have given you good advice on the insurance front doesn't matter if your tagged for 30 or 1 km over in the eyes of insurance. So unless you get the ticket completely tossed, the "cost" will be the same. So you have to weigh the cost of at least one trip, perhaps two, without a positive outcome.
As I said earlier unless a firm like Ex coppers can GUARANTEE you that they will get a complete win and not just a reduction, there is NO benefit to using a service like that. There really is NO way they can guarantee to get you off unless there is a fatal flaw with the ticket, (just too many variables, ****** off crown, ****** off jp, ****** off cop, etc, to give that type of guarantee).
So in the end you have to do a cost/benefit analysis and decide for yourself if it is worth fighting.
Meaning if the OP decided to go to early resolution and figures he is screwed it is a wasted trip, Likely at least one night in a hotel.
Then he has to travel back for a trial, (if that is the route he decides to go). Again likely a hotel room, to "hope" the cop doesn't show.
In smaller jurisdictions like this the detachment commanders are pretty hard on guys missing their court dates and the crown has officer's schedule at hand, when setting court dates, etc.
OP some of the others have given you good advice on the insurance front doesn't matter if your tagged for 30 or 1 km over in the eyes of insurance. So unless you get the ticket completely tossed, the "cost" will be the same. So you have to weigh the cost of at least one trip, perhaps two, without a positive outcome.
As I said earlier unless a firm like Ex coppers can GUARANTEE you that they will get a complete win and not just a reduction, there is NO benefit to using a service like that. There really is NO way they can guarantee to get you off unless there is a fatal flaw with the ticket, (just too many variables, ****** off crown, ****** off jp, ****** off cop, etc, to give that type of guarantee).
So in the end you have to do a cost/benefit analysis and decide for yourself if it is worth fighting.
It just occurred to me, one thing that has not been mentioned is a ticket of 30-49 over (4 points) WILL result in automatic license SUSPENSION for anyone with a novice class of any sort on their license, regardless of what type of vehicle they were driving at time of the infraction. A 33 over in your car with a GM2 for example, will get you a suspension even with zero offense history. So in this scenario, any reduction is time/money well spent.
yodude
Banned
Originally Posted by yodude
show up & cop is mia
still a bottom line & worked for me the second round, after asking (stfu ahole ..iow me) for a delay, the first round,
wasn't there either
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There's lots of reason a ticket can be tossed... or beat in court.
I can't remember the last time I was convicted on a driving offence... the last one was for unsafe passing emergency vehicle.. and I lit up all 4 tires as I went around him... and still beat it.
I can't remember the last time I was convicted on a driving offence... the last one was for unsafe passing emergency vehicle.. and I lit up all 4 tires as I went around him... and still beat it.
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