How Do I Fight a Traffic Ticket?
Typically, Defending a Traffic Ticket Involves Questioning Witnesses In a Way That Raises a Reasonable Doubt of Guilt and Undermines the Theory of the Case Presented By the Prosecutor. An Experienced Swalm Paralegal Professional Corporation Using the Five Step Process Detailed Below May Be Able to Help.
Understanding How and Why to Get Affordable and Professional Legal Help to Fight Traffic Ticket Charges
When charged with a driving offence that alleges violations of the Highway Traffic Act, R.S.O. 1990, c. H.8, the process involving in fighting the charge can be confusing; however, NoviceDriver.legal has the knowledge and experience to guide and help you to:
- Avoid costly fines and victim surcharges;
- Avoid costly increases to your insurance rates;
- Avoid demerit points and the risk of licence suspension; and
- Avoid the stress and worries of the legal process.
Fights For Your Rights.
Your Legal Fight Happens in Five Steps:
- To review the traffic ticket as a charging document (formally known as an Offence Notice or for the more serious charges a Summons); and
- To determine whether the traffic ticket contains any substantial mistakes as 'fatal flaws' that could get the ticket thrown out.
- To review the nature of the charge as within either the minor, major, or serious, category;
- To review your driving record history including demerit point status and insurance rating concerns;
- To discuss with you the applicable fines and victim surcharge costs that will be applicable if you are convicted of the charge;
- To discuss with you the applicable demerit points, if any, and likely affects, if any, that will be registered against you if convicted;
- To discuss with you the potential concerns involving insurance rating, if any, that may occur if you are convicted;
- To discuss with you the various options in which to proceed including the potential upside and downside concerns; and
- To explain what happens next.
- To order and obtain disclosure from the Prosecutor;
- To request additional disclosures from the Prosecutor, if necessary;
- To review the evidence that will be used against you by the Prosecutor;
- To review the relevant laws applicable to the legal issues involved with the type of charge against you;
- To evaluate the strength of the case against your including potential holes that may be poked in the evidence;
- To discuss with you any changes in opinion regarding your various options in which to proceed;
- To provide advice as to what options appear in your best interests.
- To make contact with, and to review the position of, the Prosecutor;
- To attend the Early Resolution Meeting to further review the position of the Prosecutor;
- To review your options regarding the upside and downside of any plea deal offered by the Prosecutor;
- To provide your with information and advice to assist you in considering your plea deal options, if any;
- To assist you in accepting the plea deal if you choose to do so (unless prohibited by law);
- To prepare and file the paperwork required for any pre-trial hearings, if necessary, such as when seeking a court order for further disclosure documents;
- To attend and act on your behalf at any pre-trial hearings;
- To discuss with you any further changes in opinion regarding your various options in which to proceed; and
- To provide updated advice as to what options appear in your best interests.
- To attend the trial hearing with you;
- To cross-examine, meaning question, the witnesses called by the Prosecutor;
- To challenge, where relevant and appropriate and necessary, the validity of, and the facts within, the evidence documents and witness information;
- To examine, meaning question, your witnesses, if any, and present evidence documents via your witnesses, if any;
- To act resolutely, without fear, in your best interest in the effort to poke holes in the case put forth by the Prosecutor;
- To argue on your behalf the relevant legal principles as applicable to the facts and law of the case;
- To make every legal effort to create reasonable doubt in the case of the Prosecutor;
- To assist you with argument regarding sentencing, if required; and
- To remain at your side to support you through every part of the process.
Start Your Traffic Ticket Fight Today.
The offence of careless driving involves vaguely stated legal elements and is therefore subject to broad interpretation and application to various...Learn More
Contrary to urban myths, what is meant by distracted driving is the use of a hand-held communication device rather than conduct such as eating, drinking,...Learn More
The failure to yield to an emergency vehicle, such as an ambulance, fire truck, or police, may result in significant fines as well as insurance rate increases.Learn More
The law defines a crosswalk and a crossover differently and with a few differences in the required conduct of a driver.Learn More
Failing to remain at an accident by leaving the scene is a very serious offence in violation of the Highway Traffic Act; however, various defence strategies...Learn More
The charge of following too close is often based on the somewhat arbitrary interpretation of the distance that lacked reasonableness rather than any actual...Learn More
Failing to stop for a school bus when signals are flashing to indicate the loading and unloading of children is a charge that brings significant penalties...Learn More
Fighting a traffic ticket for speeding involves a strategy for poking holes in the case of the prosecution that is determined following a careful review of the...Learn More