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First ticket with my bike.
- Thread starter Tiggy
- Start date
OpenGambit
Banned
Hi friends, This is my first post here, and I just got myself a bike after moving to Toronto.
Disclaimer - Nothing in this post is legal advice...
I am currently a lawyer in Toronto - Traffic offences are not my speciality but I have received a around 5 tickets for a variety of offences since I got my first drivers licence eons ago. With a good attitude and a bit of luck, I was not convicted on any of these offences. (No 11b defences, the times the ticket has made it to court, which is twice, the officer was present both times).
I have not requested an adjourment in any of the cases, nor have i requested a hearing in french. I only requested disclosure once. I have met prosecutors in a suit, and have gone to court in rollerblades (I ended up standing at the podium in socks on that one)
What does this mean? there is really no magic bullet that will give you the best chance to succeed.
There are obviously strategic concerns that arise when you do the things that I listed above. While I personally think that the idea that insisting on all of your legal rights can be detrimental is a disgusting thought. I can't deny that its true. You are going to have to make a decision on these things on your own.
Try to keep in mind a few things...
-The cop, judge and prosecutor are all reasonable people who are trying to do their jobs. Being reasonable yourself will get you really far.
-Be consistent, if you are presenting the facts in a manner that would render you innocent, stick to your interpretation.
-Don't lie, it makes you a lesser human being, you are under oath, its pretty easy to tell when someone is lying, and lastly, its a criminal offence way worse than your ticket.
-Prosecutors have a lot of discretion to withdraw charges, give them a good reason to do so.
-Don't be a wise ***. I have never used "legal" knowledge to win a case.
-Don't suggest that the cop is not credible / is lying / trying to fill his/her quota, but feel free to suggest that a mistake was made.
-Bring appropiate demonstrative evidence if it would be helpful - charts/ pictures /graphs...
I will note that the decision of the Court of Appeal does not mean that amending up is acceptable in all cases, just simply that the practice is supported by the legislation. ( which is clearly is ) In my view, the reasoning of the OCA is very sound and I Laskin is a very well respected jurist and one of the best writers on the bench today.
Best of luck.
Disclaimer - Nothing in this post is legal advice...
I am currently a lawyer in Toronto - Traffic offences are not my speciality but I have received a around 5 tickets for a variety of offences since I got my first drivers licence eons ago. With a good attitude and a bit of luck, I was not convicted on any of these offences. (No 11b defences, the times the ticket has made it to court, which is twice, the officer was present both times).
I have not requested an adjourment in any of the cases, nor have i requested a hearing in french. I only requested disclosure once. I have met prosecutors in a suit, and have gone to court in rollerblades (I ended up standing at the podium in socks on that one)
What does this mean? there is really no magic bullet that will give you the best chance to succeed.
There are obviously strategic concerns that arise when you do the things that I listed above. While I personally think that the idea that insisting on all of your legal rights can be detrimental is a disgusting thought. I can't deny that its true. You are going to have to make a decision on these things on your own.
Try to keep in mind a few things...
-The cop, judge and prosecutor are all reasonable people who are trying to do their jobs. Being reasonable yourself will get you really far.
-Be consistent, if you are presenting the facts in a manner that would render you innocent, stick to your interpretation.
-Don't lie, it makes you a lesser human being, you are under oath, its pretty easy to tell when someone is lying, and lastly, its a criminal offence way worse than your ticket.
-Prosecutors have a lot of discretion to withdraw charges, give them a good reason to do so.
-Don't be a wise ***. I have never used "legal" knowledge to win a case.
-Don't suggest that the cop is not credible / is lying / trying to fill his/her quota, but feel free to suggest that a mistake was made.
-Bring appropiate demonstrative evidence if it would be helpful - charts/ pictures /graphs...
I will note that the decision of the Court of Appeal does not mean that amending up is acceptable in all cases, just simply that the practice is supported by the legislation. ( which is clearly is ) In my view, the reasoning of the OCA is very sound and I Laskin is a very well respected jurist and one of the best writers on the bench today.
Best of luck.
Somebody mentioned going to ticketcombat.com and Brian gave some pretty sound specific advice. Those are the two most useful posts in this thread. Don't adjourn unless the court date is less than 10 months after the offense date. Kills your chance of 11b.
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