2. ii
Copyright (c) 2013-2015 Cristian A. Biron. All rights reserved,
including the right to reproduce this book or portions thereof in any
form whatsoever.
Before reading and using this Guide, please read the Disclaimer
at the end of the book
This Guide is intended to serve as a
foundation of necessary knowledge to
deal with a traffic ticket effectively and
efficiently. It is not intended to replace
the skill, knowledge and experience that
may be offered by counsel. Some
procedural and legal aspects of
‘fighting’ a traffic ticket are not covered
here as they fall beyond the intended
scope of this book. Further readings
and consultation with licensed
professionals are advised.
3. iii
DEDICATION
AND
ACKNOWLEDGMENTS
For my daughters Daniela, Issabella and
Ximena and, of co urse, for my beautiful wife
Xiaojing .
Thanks to all of the j ustices of the peace who
have end ured my presence in their
co urtrooms, especially those who have been
more than patient with me.
“I am very upset with my husband for
p ublishing this g uide. After so many years of
hard work and hands-on experience he lets
everybody know trade secrets and what other
professionals don’t want anybody to know.
It’s well written, very easy to understand and
f ull of great information. Now everybody who
gets a traffic ticket can save money a nd we
will end up losing busi ness.
X. R.
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CONTENTS
ABOUT THE AUTHOR ...........................................................> 1
INTRODUCTION...................................................................> 3
WHAT IS A TRAFFIC TICKET?................................................> 5
Offence Notice ...............................................................> 5
Pay the ticket ~ Plea of Guilty
Voluntary Payment of Total Payable ........................> 5
Plead Guilty in Court.................................................> 6
Trial Option - Dispute the charge. .............................> 7
Summons.......................................................................> 8
I GOT A TRAFFIC TICKET NOW WHAT? ...............................> 10
Are you guilty of the alleged offence? ..........................> 10
Do not despair............................................................> 10
Do not wait .................................................................> 11
Get legal advice ..........................................................> 12
MAY I REPRESENT MYSELF
OR DO I NEED A LAWYER OR PARALEGAL?......................> 13
Should I hire a lawyer or paralegal? ............................> 13
Representing yourself .................................................> 14
An informed decision..................................................> 14
WHAT CAN I DO BEFORE I HIRE
A LEGAL REPRESENTATIVE?.............................................> 16
Disclosure....................................................................> 19
HIRING A LAWYER OR PARALEGAL......................................> 20
5. v
Where do I find a lawyer or paralegal? .........................> 20
How do I choose a lawyer or paralegal? ........................> 21
Former and Ex-Police Officers .....................................> 23
Common question my (smart) clients ask ....................> 24
Service Agreement or Retainer ....................................> 26
GOING TO COURT ............................................................> 29
Court Setting ~ The Players and Their Role ..................> 30
The Justice of the Peace .........................................> 30
The Prosecutor ......................................................> 30
The Court Clerk .....................................................> 30
The Court Reporter ................................................> 31
Witnesses ..............................................................> 31
Court Etiquette ......................................................> 31
GOING TO TRIAL .............................................................> 33
Disclosure and the Evidence against You .....................> 33
THE CHARTER OF RIGHTS AND YOU ..................................> 36
OTHER SOURCES OF INFORMATION ..................................> 37
USEFUL INTERNET LINKS ................................................> 39
Professional Associations.............................................> 39
Courts .........................................................................> 39
Statutes (Law) ..............................................................> 39
Highway Traffic Act (HTA) ............................................> 39
HTA Offences Listed in order of Demerit Points............> 40
7 points offences....................................................> 40
6 points offences....................................................> 40
5 points offences....................................................> 40
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4 points offences....................................................> 40
3 points offences....................................................> 40
2 points offences....................................................> 41
Frequently Consulted HTA Regulations ........................> 41
Other HTA Regulations.................................................> 41
Highway Traffic Act 2013 Amendments Bills ................> 43
Provincial Offences Act (POA) .......................................> 43
Deemed not to dispute the charge ..........................> 43
Reopening ..............................................................> 43
POA Regulations ..........................................................> 43
Compulsory Automobile Insurance Act (CAIA) ..............> 44
CAIA Regulations .........................................................> 44
Insurance Act (IA).........................................................> 44
IA Regulations..............................................................> 44
Courts of Justice Act (CJA)............................................> 44
CJA Regulations ...........................................................> 44
Justices of the Peace Act ..............................................> 44
Canadian Charter of rights and Freedoms ....................> 45
Case Law .....................................................................> 45
CanLII Courts’ Decisions/Case Law Database ..........> 45
Driving under suspension .......................................> 45
Stunt riving.............................................................> 45
Failing to remain at the scene of an accident ..........> 45
Careless driving......................................................> 45
Following to closely ................................................> 45
Speeding ................................................................> 45
7. vii
Stop sign ................................................................> 45
Red light.................................................................> 45
Amber (yellow) light................................................> 45
Hand held devices / cell phones..............................> 45
Ministries & Government...............................................>45
Transportation........................................................> 45
Attorney General.....................................................> 45
Financial Services commission ................................> 45
Legal Aid Ontario....................................................> 45
FINAL WORDS ...................................................................> 46
DISCLAIMER ......................................................................> 47
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ABOUT THE AUTHOR
There is no greater professional satisfaction than
being next to my client at the exact moment when
the justice of the peace pronounces:
“Case Dismissed”.
I have been an advocate and paralegal for over 30 years. I
started my advocacy in 1983 and since then I have helped and
represented hundreds of people in different tribunals, government
agencies and lower courts, many of them for free. Until 2003, I
was also working as a computer consultant and programmer. In
2004 I opened my paralegal practice and started to defend Ontario
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drivers charged with moving violations and traffic tickets, almost
exclusively. I became a Law Society of Upper Canada licensed
paralegal in 2009. During the last 10 years or so I have gained a
great deal of experience and knowledge about all aspects of
‘fighting’ traffic tickets. In this guide I would like to share some of
my knowledge with you.
I wrote this Fundamental Guide to Traffic Tickets in
Ontario to help empower Ontario drivers charged with moving
violations. In this guide I intend to provide you with simple, yet
valuable information to help you to better deal with a traffic ticket.
This guide is not intended to provide legal advice, nor should it be
taken as such. Here you will find basic information and guidance,
however, you will notice that throughout this guide I constantly
reiterate the fact that, faced with a traffic ticket, you should get
proper legal advice from a qualified and experience solicitor or
paralegal. (please read the disclaimer).
I have included over 200 Internet Links that put at your
finger tips a myriad of valuable information related to traffic
tickets. Following these links you will be able to read the text of
the law for your specific charge. Similarly, you will have access to
higher court decisions dealing with the same charge as yours. You
will also have access to various related government websites and
databases; professional associations and the rules of the courts as
well as the official forms used by the courts.
Back to Contents
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INTRODUCTION
There are many misconceptions about what traffic tickets
are all about and how to deal with them. In general, people don’t
know the process of defending a traffic ticket. Some people get
confused and scared as they are suddenly forced to enter into an
unknown and uneven fighting arena. In fact, when charged with a
moving violation, you are engaged in an adversarial process
against the state. Police officers and prosecutors –the people that
want to have you convicted– have lots of experience and
knowledge about traffic tickets and the court system. The entire
process may feel confusing, hostile and threatening.
Millions of Ontario drivers are charged with moving
violations every year. It is a big industry generating millions of
dollars for the province and municipalities and providing
employment for many people. If you have a traffic ticket, believe
me, you are not alone.
Everyday traffic courts are crowded with people challenging
their traffic tickets. Most of them enter into a “resolution” where
charges are reduced in a plea bargain process. Many of them go
to trial; however, it is well known that if every moving violation
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charge was to be dealt with in a trial, there would not be enough
courts or justices of the peace to deal with them.
In this guide I attempt to explain the process and mechanics
of traffic tickets in Ontario and to give Ontario drivers a helpful
insight on how to defend traffic tickets in an efficient and effective
way.
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WHAT IS A TRAFFIC TICKET?
What we usually call a traffic ticket is a document notifying
you that you have been charged with a moving violation. It could
be an Offence Notice or Summons to appear in court or any
combination of them.
Offence Notice
An offence notice is exactly that - a notification informing
you that you have been charged with violating a particular statute.
In this guide I will refer to the Highway Traffic Act and moving
violations exclusively.
Presently there are two Offence Notice forms used by the
provincial offences officers. These forms are defined by the
Provincial Offences Act and related regulations. There are some
procedural differences between them, as explained below.
When a provincial offences officer, usually a police officer,
serves you with an offence notice you have three options:
1. Pay the ticket ~ Plea of Guilty – Voluntary Payment of Total
Payable. Forms 3 & 4. You can pay the Total payable shown
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on the ticket, but if you do so, you will be pleading guilty to the
offence as charged and the conviction and any demerit points
associated with the offence will be registered on your Driving
Record. This may be a good option when you get a ticket for a
relatively minor violation, but not when charged with a more
serious offence for which you may have a defence. (See below)
2. Plead Guilty in Court.
a) Form 3. Plea of Guilty ~ Submissions as to Penalty.
You can appear before a justice of the peace and make
submissions regarding the penalty –not whether you are
guilty or not. Usually you would ask for a reduction of
the fine, time to pay or for a suspended sentence. The
justice of the peace may, in some cases, lower the fine
imposed and give you time to pay. The justice of the
peace does not have jurisdiction or authority to remove
the offence from your driving record or eliminate any
demerit points that may be attached to the offence.
b) Form 4. Early Resolution ~ Meet with the Prosecutor.
You may also ask for a meeting with the prosecutor to see
if the case may be resolved without a trial. Many times the
prosecutor will be willing to amend the Certificate of
Offence to reflect a lesser but included charge. For
example, if you are charged with speeding, the
prosecutor may ask the court to amend the certificate to
reflect a lower speed to which you will plead guilty. The
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Certificate of Offence is the original charging document
and the Offence Notice is simply a copy of it with a
different name. One is to certify in court that you were
served and charged and the other is to notify you that you
have been charged.
3. Trial Option - Dispute the charge.
a) Form 3. To do so, you must file with the court a Notice of
Intention to Appear. Also known as NIA, which means that
you will attend at a trial to dispute the ticket. You or
someone acting for you must file the NIA in person by
attending the court office indicated on the ticket.
b) Form 4. You must complete Option 3 on the back of the
ticket and send it to the court office at the address
indicated on the ticket. You may do this by mail.
In both cases, you may request that your trial be held in
English or French. If you are not proficient in English or French,
you may ask for an interpreter who will translate to and from your
first or preferred language during the trial. You also must indicate
whether or not you will be challenging the evidence provided by
the provincial offences officer.
This is, in my respectful opinion, an unnecessary question
because without challenging the evidence of the officer you will
most likely be convicted. Always choose to challenge the evidence
of the officer.
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If you do not exercise any of these options within the time
specified by law you may be deemed not to dispute the charge,
also known as fail to respond, and you will be convicted in
absentia.
For an offence notice to be legally valid it must be complete
and regular on its face, which means that the officer must include
all necessary information on the ticket, otherwise the certificate of
offence should be quashed and the charges thrown out.
Summons
Normally, an officer will serve you with a summons when
you are charged with a more serious offence, such as stunt driving
or driving without insurance. It is also common that you will be
served with a summons when you are involved in a collision and
the officer believes that you are at fault. Officers may also use a
summons to charge you with minor offences as well.
There are important differences between a summons and an
offence notice. Where an offence notice gives you a few options
on how to deal with the ticket out of court, a summons is an order
that you attend court and inform the court what your intentions
are in dealing with the charge. Summonses do not include the fine
or an option to pay out of court.
If you get a summons, you must attend court at the place,
date and time indicated on the summons. If you cannot make it, be
sure that somebody goes to court on your behalf and explain to
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the court why you could not make it that day and ask the court to
provide you with another date. What follows after that is quite
similar to an offence notice.
When you attend court in response to a summons, you may
advise the court that you would like time to talk to a lawyer or
paralegal to get legal advice; that you need more time because you
are not sure of what to do; that you need time to have resolution
discussions with the prosecutor; you may set a date for trial or you
can plead guilty to the offence or amended certificate and speak to
the penalty and ask the court for time to pay the fine, if any. If
you can not make it to court, you may ask an agent to appear on
your behalf. If you do not attend court and do not send anyone to
speak for you, the court may issue a warrant for your arrest. The
agent may be a friend or relative.
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I GOT A TRAFFIC TICKET
NOW WHAT?
Are you guilty of the alleged offence? You may think that
you are guilty of the alleged offence and be inclined to pay the
ticket. However, before you pay the ticket it is a good idea to do
some research and get legal advice. You would be surprised to
know how many times charges have been dropped or dismissed
based on factors other than being guilty or not. One thing is for
sure, you do not want a conviction registered on your record. In
general, I would not recommend you pay the ticket without having
a clear idea of your options,
Do not despair. Do not panic and understand that you are
presumed innocent until found guilty in a court of law. You should
also be aware that there may be some viable defence to the
charge. Of course, depending on the circumstances, you will have
to make a few decisions on how to deal with your traffic ticket.
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The seriousness of the charge and its possible impact on
your driving record and life is perhaps the most important factor
to consider. If, for instance, you are charged with a relatively
minor offence, such as fail to produce an insurance card, or
speeding 15 km/hr over the limit, you may consider paying the
fine and getting it over with. Of course, if you already have a few
minor moving offences recorded on your driving record or you
need a clean record because of your employment, you may want to
consider other options.
In any event, it is always a good idea to get a legal opinion
from a lawyer or paralegal. Many paralegals will give you an initial
free consultation.
Some other more serious charges need more consideration.
Let’s say that you were involved in an accident and were charged
with Carless Driving. You have to review your options and get
enough information to make all the right decisions. A careless
driving conviction may have serious consequences not only on
your ability to drive but in your personal life as well. These more
serious charges should never be taken lightly.
Once again, be reassured that you have many options to
deal with any charge, either minor or more serious, and that you
are not guilty simply because some officer gives you a ticket.
Do not wait. It is very important that you act promptly and
do what you need to do to deal with a traffic ticket as soon as
possible. Remember that you need to make the right decisions at
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the right time. Keep in mind that sometimes even minor tickets
may create a big problem for you in the future.
Get legal advice. It is very important that you get legal
advice from a lawyer or paralegal to understand what your options
are. Some paralegals and lawyers will give you an initial free
consultation. It is advisable that before you meet with a lawyer or
paralegal you prepare yourself. Do some research and prepare a
set of questions you would like to ask during your consultation.
(See below)
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MAY I REPRESENT MYSELF OR
DO I NEED A LAWYER OR
PARALEGAL?
Should you hire a lawyer or paralegal? Not all the time.
Many times you will be able to deal with a traffic ticket yourself
and save money and aggravation. Whether or not you retain legal
help, you should always make informed decisions. The very first
thing to do is arrange for a free consultation with a couple of
lawyers or paralegals and ask them as many questions as you can
about your case. Yes; I recommend that you consult with more
than just one lawyer or paralegal. It is not advisable to hire
someone on impulse and without “shopping” around. Remember
to exercise due diligence. It is not enough to follow a friend’s
recommendation or be impressed by appearances. Prepare
yourself for a free consultation meeting (see below).
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In any case, before you hire someone you must have a clear
understanding of your legal situation and options. Don’t forget
that you may be successful representing yourself. Once you have
spoken with a couple of professionals, it is advisable to take a day
or two before making a decision about whether you need to hire
someone and if so, who you would hire.
Representing yourself. In many cases this is the best way
to deal with a traffic ticket, at least initially. Typical considerations
are: (a) the seriousness of the offence or impact on your ability to
drive; (b) how would a conviction affect your automobile insurance
premiums; (c) how much time do you have to dedicate to
representing yourself; (d) how many people –friends or relatives-
may help you when you can not attend court; (f) how well can you
communicate with other people; are there any language barriers?
Even if you decide or are inclined to represent yourself, you
should seek immediate legal advice. Avoid getting advice from
friends and non-professionals. Remember, many paralegals will
offer you a free consultation without any commitments. This is
very important simply because you may get valuable information
from professionals with real expertise and hands-on experience. I
would suggest that you interview at least two experienced
professionals, lawyers or paralegals or both.
An informed decision. Dealing with a traffic ticket is often
surprisingly simple. Getting the right information is also not
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difficult. You need to know and have a clear understanding of the
charge(s) you are facing, what your options are and what the
essential elements of the offence(s) are. You also need to
understand the process you are involved in
On the ticket or summons, there should be a general
description of the offence and the statute, in this case the Highway
Traffic Act, and section number corresponding to the charge. This
will allow you to read the legal description of the offence. Do not
be intimidated by the “legal lingo”. Most sections of the Highway
Traffic Act are easy to understand. Some, however, may be a little
“tricky”, but a lawyer or paralegal should be able to properly
explain the offence in plain English. You may also ask what the
higher courts have decided when dealing with your specific charge
and what case law is pertinent to your charge.
You also need to have a good understanding of the legal
process. Once again, do not feel discouraged or intimidated by
this. In fact, the mechanics of a traffic ticket are quite simple. You
do not need to memorize particulars of the law. What is important
is to familiarize yourself with the necessary steps and the options
you have along the way.
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WHAT CAN I DO
BEFORE I HIRE
A LEGAL REPRESENTATIVE?
If you have decided to dispute a traffic ticket and have the
time and inclination, there are a number of things you can do
yourself at the beginning of the process and save some money
before you decide whether or not to hire a legal representative.
These are simple and necessary steps for which you do not require
any particular skill or experience.
If you get an offence notice, you need to file a Notice of
Intention to Appear (NIA) with the court office. On the back of
the ticket you will find a trial option. Some jurisdictions require
that you or an agent file the NIA in person. If that is the case, you
or a friend may attend at the court office during business hours at
the address indicated on the back of the ticket and file the
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completed NIA. The court office clerk will provide you with the
proper form, which is easy to complete. If you wish, you can also
ask for an Early Resolution Meeting with the prosecutor.
In some jurisdictions you may file the NIA by completing the
trial option on the back of the ticket and sending it by mail. It is
always a good idea to make a photocopy of all court documents
for your records. You may also send the completed portion of the
ticket, including front and back, by fax with a cover letter
indicating that the original will follow by mail. Remember that you
must send the original to the court office. It is a good idea to send
it by registered mail or other similar service that will provide you
with a tracking number and confirmation of delivery. It is not
necessary to request the recipient’s signature. If you wish, you
may enclose an informal letter or note requesting a resolution
meeting.
Some time after you file your NIA, you will receive a Notice
of Trial by mail and, sometimes, a date to attend at the
prosecutor’s office for a resolution meeting if you choose.
If you have requested a resolution meeting and you have a
scheduling conflict with the date that has been provided to you for
the meeting, you may write a letter to the court office requesting a
change of the resolution meeting date. Once you have agreed on
the date, you MUST attend to the resolution meeting or the
prosecutor may ask the court to find you guilty in your absence.
This is often referred to as being found guilty “in absentia”.
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The prosecutor generally does not provide you with
Disclosure before a resolution meeting, but it is advisable that you
request it anyways so you may get it at the meeting with the
prosecutor. (See below)
At the resolution meeting, if applicable, you may be offered
to plead guilty to a lesser but related offence based on the police
officers’ notes, the evidence against you and your driving record. If
you were charged with more than one offence, (two or more
tickets), the prosecutor may agree to withdraw one or more of the
tickets if you plead guilty to at least one of the charges. Although
a resolution meeting is off the record, informal and confidential,
you do not have to disclose any information respecting the charge
to the prosecutor. In fact, it is advisable that you do not. This is
not the time to make your case or explain why you committed the
alleged offence. There is no obligation for you to accept what the
prosecutor is offering you. Sometimes it is obvious that accepting
the offered resolution is the right decision. For instance, if you
were charged with speeding between 16 and 29 k/h over the limit
and the prosecutor offers you a guilty plea to an amended charge
of speeding 15 k/h or less over the speed limit, you may consider
this a very good result. However, if you are facing a more serious
charge and the resolution offered is to plead guilty to a lesser but
still serious charge, you may decide to reject the offer. For
instance, if you are charged with Carless Driving and the
prosecutor offers you to change the charge to Following too
Closely, you may want to reject the offer. Following too close is a
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serious offence and you may decide, after reviewing disclosure,
that you have a good case and decide to go for a trial on the
Careless Driving charge.
Disclosure is the evidence that will be presented against
you at the trial. It may include the officer’s notes, witnesses’
statements, photographs, videos and official documents such as
certificates from the Ministry of Transportation respecting your
driver’s licence and driving record. Once you have requested and
received disclosure, make copies and arrange for free consultation
meetings with a couple of lawyers and or paralegals to discuss
your case and options.
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HIRING A LAWYER OR
PARALEGAL
Where do I find a lawyer or paralegal?
You may call the Law Society of Upper Canada and ask for a
solicitor or paralegal in your area that specializes in traffic tickets.
The Law Society also offers a referral service on its website, but be
aware, that this database includes only lawyers and paralegals who
pay to be included in the database. They are not necessarily the
most qualified.
The Law Society also maintains a lawyers and paralegals
directory (see Link below). In this database you can search for a
specific professional or make a more general search by
professional and location. For instance, you may search for
paralegals in Hamilton.
You can also find a paralegal or solicitor on the Internet by
searching for traffic tickets. Be aware that lawyers and paralegals
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listed on top are, once again, those who pay for the advertising
and not necessarily the best qualified professionals. Visit their
websites and try learning as much as you can about them. Do not
be impressed or guided by the size of the website. Remember that
making a website is much different from actually fighting a traffic
ticket. Many of them will have information that will be totally
useless to you and virtually all of them are designed to get your
business.
Ask friends if they know of a paralegal or lawyer that deals
with traffic tickets in the area. Take their recommendation with a
grain of salt. Not all cases are the same and your case may be
different form that of your friend. Also, do not be satisfied or
convinced with a statement like: “he took the points away” as if
that was a good result. Remember that you may be able to get the
same result without having to pay a lawyer or paralegal.
How do I choose a lawyer or paralegal?
When you meet with a prospective legal representative
(lawyer or paralegal) you have to pay attention to his or her
demeanour and the type of answers you get. Before hiring a
representative, you need to feel good about her or him and
establish good communication and understanding. You have no
obligation to hire someone who offered you a free consultation.
Unfortunately sometimes the so called free consultation is but a
selling pitch. Do not feel pressured. You need to hear straight
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forward answers to all of your questions. Be prepared and ready
to ask the right questions.
If you feel that the prospective representative is giving you
evasive answers, he or she may not be the right professional to
take your case. I always remind people that when they hire a
lawyer or paralegal, they must follow your instructions. In other
words you are the boss. But to be an effective boss, you need to
know at a certain level what to expect and how things are done
properly. An ambiguous or unclear answer will diminish you
ability to maintain control of the process and give informed
instructions. An experienced lawyer or paralegal will know much
more about the subject than you do, however, do not forget that
you are paying for that knowledge. If instead of a clear answer to
your question all you get is a “don’t worry, we will take care of it”,
or “I’ll see what I can do”, you may need to run and look for
someone else. The fact is that you are paying for him or her to
take care of it and you need to know how he or she will do it.
Traffic tickets are not complicated to deal with. “I’ll see what I can
do” is simply not enough. What you want to hears is exactly what
is going to be done, how it is going to be done and what are the
possible outcomes and options available to you.
Let’s say you are charged with a Carless Driving offence.
You need to know what your options are. Do not settle for a
reduction in the demerit points. If that is all your prospective
representative offers you as a solution, you may need to look for
someone else. The fact is that careless driving is one of the most
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serious offences within the Highway Traffic Act. It is also often
difficult for the prosecutor to prove that you actually committed
the alleged offence. There is an abundance of case law that will
assist you in deciding whether you have a viable defence to the
allegations against you, which will inform your decision to go for a
trial or enter into a resolution. Many times the right choice is to
go for a trial and get rid of the charge all together. In the case of
R. v. Omerod, I represented a driver charged with careless driving
arising from a collision involving a fatality. Three police officers
and three independent civilians gave testimony for the Crown and
my client gave testimony in her own defence. It was a long and
emotional trial. We were successful in creating a reasonable doubt
through careful direct and cross-examination and the case was
dismissed. The easy way out for your representative would be to
go for resolution. If you have considered your case and decide to
enter into a resolution, you can often achieve that yourself or with
the help of a friend or relative. You do not always need a paid
representative for resolution.
Former and Ex-Police Officers.
There is a common myth and misconception that a former
police officer is by nature better equipped to deal with a traffic
ticket. This is simply not true. As in every profession, in the legal
field, there are good and not so good legal representatives and
this is irrespective of their background as police officers. Since
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2007, all paralegals must be licensed by the Law Society of Upper
Canada to legally practice law in Ontario. They must follow strict
regulations and maintain their knowledge and continuously update
their legal education. If all a legal representative can offer is that
he or she is a former police officer, you may want to look for
someone else with a strong legal background and hands-on
experience in litigation.
Similarly, there are some people who believe that large
companies are better than small or medium size firms. Once
again, there is no real basis for that assumption. I pride myself on
providing my clients with personal service and being accessible
every time they need to communicate with me. I take the extra
time to ensure that my clients feel comfortable with my service and
that they understand what their options and the process. My
practice is geared to service and not to maintain or create a large
corporation. Regardless of the size of the firm or corporation, you
need to be confident that you will get good service and establish a
good business and service relation with your legal representative.
Common question my (smart) clients ask
There are a few questions that some of my more demanding
clients ask and I am glad to answer. They want to know how much
it is going to cost them and how that translates into my hourly fee.
For instance, if all they want is a resolution of their case and they
want me to represent them, I will give them my fee and the
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estimated time it is going to take me to resolve the case. From
this information, it is quite easy to calculate my fee. Let’s say you
were charged with speeding 25 k/h over the limit and you have a
relatively clean record. Normally it will take me a total
accumulated time of no more than half an hour to get the
resolution you want. If I charge you $150.00, I will be making
about $300.00 an hour. If someone charges you $250.00, you
would be paying $500.00 an hour. You may want to think about it
before you hire someone. But then again, you may want to hire a
representative for a number of other reasons.
When you hire a legal representative, you do not always get
what you pay for. Some people mistakenly believe that paying a
higher fee will return a better service or result. Unfortunately this
is not always the case with traffic tickets. It is very important that
you fully understand how your legal representative’s fees are
determined. In cases where you could successfully represent
yourself, such as in resolutions procedures, you do not pay for
skill and experience, you just pay for convenience. If you are not
careful, that convenience may result in unnecessary expense.
My clients also ask me to explain their options and what
each course of action entails. They want to know the possible
outcomes and what the good and bad aspects of their case are. It
is not always possible to get a good or accurate assessment of the
case without getting more information. For instance, if you were
charged after you were involved in a collision, before you make a
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decision you would like to see the accident report and the police
officer’s notes.
Many times I review with my clients what higher courts have
decided in similar cases and how those cases may or may not help
their situation. Higher courts’ decisions are referred to as case
law. A lower court must follow the appropriate case law when
making its decision or the decision will most likely be overturned
on appeal.
A few of my clients want to know what guarantee they have
they will get the result they want. They often want to know what
the exact probability of winning or losing their cases. It would be
improper for me to speculate about possible results in those terms
even if it is a simple case of a minor alleged offence. What you
need to know is what are the good and bad aspects of your case
and how they may affect the results; how the courts have disposed
of cases similar to yours and what are the usual outcomes. Keep
this in mind that if you need to decide whether or not you will go
for a trial and your prospective representative tells you your case is
a 50-50 situation, you may want to look for a different legal
representative.
Service Agreement or Retainer
When you hire a legal representative you will often sign a
service agreement, some times called a retainer. Be sure to read
and understand the document you are signing. If you have any
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doubts, ask your prospective representative to clarify for you
anything you do not fully understand. Pay special attention to the
fees you will pay, what is the extent of the authority you are giving
to your prospective representative and who will act on your behalf.
Do not feel pressured and ask until satisfied with the answers.
You need to know whether you will be paying an hourly fee
or a “block” fee. If it is a block fee, you need to know what exactly
is covered by it. If it is an hourly fee, you need to have an accurate
estimate of the time it will take to complete your case.
Some agreements include a clause authorizing the
representative to plead guilty on your behalf. It is advisable that
you give that authorization in writing only in a clearly specified
situation and not as a general, undefined course of action.
Some agreements also include a clause authorizing the
prospective representative to assign your case to other and
different agents. You need to know when and under what
circumstances your case will be assigned to someone else and you
need to know who that agent will be. If you agree, the retainer
should provide specific and detailed authorization for such
assignment.
Some lawyers and paralegals will take your case knowing
that they will not deal with it. In that case they are acting as a
middle man and your cost will be higher. Moreover, if for
whatever reason, you are not happy with the way your case was
handled, it will be difficult for you to determine who would be
accountable. It is advisable that you meet in person anyone that
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will handle your case unless it is for a simple and routine part of
your case such as asking for an adjournment or filing a court
document and other similar steps.
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GOING TO COURT
There are different types of hearings held by the court.
Commonly, you may attend court and ask to postpone (adjourn)
your trial date if you know that you will not be available attend on
the date set by the court for any other legal or justifiable reason.
You may attend court to set a date for your trial, to provide
information about the status and progress of your preparation for
trial, progress made in attempting to retain a legal representative,
to make or respond to pre-trial motions and applications and, of
course, for trial.
Generally, courts are very good about providing guidance to
self-represented defendants. This does not mean that they will
give you legal advice. In fact it is inappropriate for the courts to
provide any legal advice. However as part of their duty, judges
and justices of the peace must ensure that you have a fair trial and
that you understand the process and your options and
consequences.
It would perfectly reasonable for you to ask the court to
explain to you how a particular proceeding is conducted. Asking
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what you should do is not a question a justice of the peace would
normally answer.
Court Setting ~ The Players and Their Role.
The Justice of the Peace. Is the person who will hear your
case and make a decision on whether you are or not guilty of the
offence charged. Justices of the peace are appointed from
distinguished members of the community. They are not
necessarily lawyers and may come from different backgrounds.
They are independent and impartial judicial officers and have
control over what goes on in the courtroom. They are the highest
authority in the courtroom and their mandate is to conduct trials in
a fair and unbiased manner.
The Prosecutor. Is the person who presents the accusatory
evidence against you in court in order to prove beyond a
reasonable doubt that you did in fact commit the alleged offence.
Prior to trial, the prosecutor will also ensure that you are provided
with the disclosure, decide whether to offer you a resolution or to
proceed with the case against you based on her or his professional
judgment and obligations.
The Court Clerk. Is the person sitting in front of and below
the justice of the peace and assists him or her with court files,
arraignments and other record keeping duties.
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The Court Reporter. Is the person sitting next to the court
clerk and is in charge of recording and transcribing everything said
in court during the proceedings.
Witnesses. Are the individuals that give evidence under
oath or affirmation to the court respecting facts relevant to the
alleged offence from their direct knowledge. Police officers are
usually witnesses for the prosecution.
Court Etiquette. It is important that you dress
appropriately when going to court. Work clothing and uniforms
are allowed as well as informal clothing. It is not necessary that
you wear a suit or formal dress.
When talking to the justice of the peace you should do it
with respect and without interrupting him or her. You may
address the justice of the peace as ‘Your worship” or Sir or
Madam. Similarly, do not interrupt the prosecutor when he or she
is talking to the justice of the peace or a witness. Always be polite
and conduct yourself with respect and decorum.
If you have a question or are not sure about a particular
proceeding, you may ask the justice of the peace to clarify or
explain the process as soon as possible. If you have an
impediment to proceed with a trial, let the justice of the peace
know immediately. For instance, if one of you witnesses could not
make it that day or you are waiting for a document that you would
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like to use as evidence in your trial, let the justice of the peace
know.
If you are represented by a lawyer or paralegal, let him or
her do all the talking for you. Do not talk over him or her and do
not interrupt the proceeding. If you need to bring something to
the attention of your representative, do it discretely and when he
or she gives you an opportunity.
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GOING TO TRIAL
Disclosure and the Evidence Against You
You may ask for and are entitled to know in advance all the
relevant evidence in your case, whether that evidence is harmful or
helpful to your case. The evidence could be the testimony of the
officer and sometimes also that of other witnesses. In some cases
official documents may also be entered into evidence. With
Disclosure you will receive the officer’s notes and any statements
given to the officer(s) by other witnesses. It is important that you
review the disclosure with a couple of experienced lawyers and or
paralegals. An experienced legal representative will be able to
review the disclosure with you and explain the strengths and
weaknesses of your case.
In general, I would not recommend that anyone go to a trial
unrepresented. Traffic courts trials are not especially complicated
but, as in any other professional fields, there are a number of
aspects, terminology and legal concepts you need to know and
understand to be successful in a trial. Having said that, I have
seen some people successfully representing themselves and
winning their cases.
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If you decide to go for a trial, there are a few things you
should know and once again I do recommend that you get legal
advice before you make any decisions about your traffic ticket. In
a trial the prosecutor must establish your guilt beyond a
reasonable doubt before you may be convicted, which means that
the evidence presented to the court must be clear, reasonable and
convincing. If there is a reasonable and clear possibility that you
might have not committed the offence, the court must find you not
guilty. You do not have to demonstrate or prove to the court that
you did not commit the offence. All that you have to do –
represented or unrepresented– is to establish a reasonable doubt.
Now, this is not always easy.
There are many terms, concepts and proceedings that may
be difficult to comprehend and apply in a trial situation. Even
experienced representatives and justices of the peace sometimes –
not very often– have some difficulties fully understanding some of
the legal concepts, principles and aspects that play a significant
role in a trial. Sometimes, cases are very simple.
I once saw a defendant charged with holding or using a cell
phone while driving. She brought and presented as evidence a
record of her calls from the telephone company for the day on
which she was charged. The record showed that during the time
of the alleged offence there were no calls made from or received
by her telephone. She also stated under oath that she did not have
any other telephone and that her telephone was the only one she
had in her car the day of the alleged offence. She won the case
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and the charges were dismissed. This is not, however, a typical
outcome and since then new decisions have been made by higher
courts.
Sometimes in a trial it is not necessary for you or your
witnesses, if any, to give evidence contesting the evidence
provided by the prosecutor for the charges to be dismissed. If you
elect to provide evidence to the court, the evidence must be clear
and credible. Any contradictions, inconsistencies or adverse
circumstances may impeach your credibility. It is not that you or
any of your witnesses would lie in court. Sometimes, your
witnesses or you were not in a position to have seen or noticed
something relevant to your defence. For instance, you may give
evidence to the effect that you were not speeding, but if you do
not indicate that you were constantly observing the car’s
speedometer or another reliable speed measuring instrument, your
evidence would not be reliable and will not assist you in raising a
reasonable doubt about whether you were speeding. In other
words, knowledge and experience with the rules of evidence and
how courts are likely to view the evidence, skilful cross
examination and knowledge of the substantive law are all essential
to properly defending a charge in court.
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THE CHARTER OF RIGHTS
AND YOU
Traffic tickets are quasi-criminal offences and are subject to
the same evidentiary and procedural principles applied to criminal
matters with the appropriate and necessary modifications. You
have the full protection of the Canadian Charter of Rights and
Freedoms. If you feel that any of your Charter rights have been or
will be violated, you may apply to the court for an appropriate
Charter remedy. For instance, if too much time has elapsed
between the date of the alleged offence and the trial date, you may
make what is called an 11 (b) Charter Application, asking the court
to stay the proceedings against you, meaning that, if your
application is granted, the prosecutor may no longer continue with
your case.
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OTHER SOURCES
OF INFORMATION
Look for sources of information on the Internet, bookstores
and libraries. There are many government websites with a wealth
of information. Many lawyers and paralegals provide some
valuable information on their websites. However, be selective and
do not believe everything you read on the Internet. Check what
you have learned with an experience professional when you attend
free consultation meetings.
Keep in mind that in many cases you may initially represent
yourself and later hire an experienced representative to take your
case. This also applies to serious charges. There are a number of
steps you can take before you hire someone. This way, you save
money and gain control over the process.
I have seen cases where the prosecutor withdraws or drops
a charge on his or her own initiative early in the process for
various reasons. I have also seen people paying a lawyer or
paralegal to represent them in court and the charges have been
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withdrawn by the prosecutor without any meaningful actions by
the lawyer or paralegal. In those cases the charges were going to
be withdrawn anyways with or without a lawyer or paralegal and
you just wasted money.
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Useful
Internet Links
IMPORTANT References and Internet links are provided for
informational purposes only and do not constitute endorsement of
any websites or other sources. The author is not responsible for
any of the linked websites’ contents or interface. Readers should
be aware that the websites listed in this book may change.
PROFESSIONAL ASSOCIATIONS
Law Society of Upper Canada,..................................Website
o Lawyer & Paralegal .................................................Directory
Paralegal Society of Ontario .....................................Website
Licensed Paralegals Association .............................Website
COURTS
Ontario Court of Justice..........................................Provincial
o Provincial Offences Courts....................................Locations
Court of Appeal for Ontario.....................................Website
o Decisions...............................................................RE. HTA
o Decisions...............................................................RE. POA
o Decisions...............................................................RE. HAT & POA
Supreme Court of Canada.......................................Website
o Supreme Court of Canada ....................................Decisions
STATUTES
Highway Traffic Act (HTA).......................................Act
o Highway Traffic Act ...............................................Set Fines
o Demerit Point System............................................Regulation
o Understanding Demerit Points ..............................What are Demerit Points
o Demerit Points Table.............................................Offences and Points Table
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HTA OFFENCES
Only offences with Demerit Points are included on this list
7 Demerit points
200. Fail to remain at the scene of an accident
216. Fail to stop vehicle when requested by police officer
6 Demerit Points
128. Speeding 50 k/h or more over the speed limit;
130. Careless driving;
172. Racing, stunts, etc., prohibited;
175. (11) & (12) Fail to stop for school bus;
5 Demerit Points
174. (1) & (2) Bus driver fail to stop at railway crossings
4 Demerit Points
128. Speeding 30 km/h or more and less than 50 km/h over the limit;
158. Following to closely.
3 Demerit Points
79. Motor vehicle equipped with or carrying a speed measuring warning device.
128. Speeding more than 15 km/h and less than 30 km/h over the limit
135. (2) & (3) Fail to yield right of way.
134. (1) Failing to obey directions by police officer
134. (3) Driving or operating a vehicle on a closed highway
136. Fail to stop at a Stop Sign
138. (1) Fail to yield right of way at a right-of-way sign;
139. (1) Fail to yield right of way on entering highway from private road
140. (1), (2) & (3) Fail to yield right of way to pedestrian;
141. (5) Improper turn
142.1 Fail to yield to bus from bus bay
144. (7) (8) & (21) Fail to obey traffic control signal;
146. Fail to obey portable signal or light;
146.1 (3) Failing to obey traffic control stop sign
146.1 (4) Failing to obey traffic control slow sign
148. (8) Improper overtaking or passing.
149. Driving to left of centre line
150. Improper passing to right of vehicle
153. Wrong way in one way street or highway
154. Improper driving where highway divided into lanes.
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154.1 (3) Improper use of high occupancy vehicle lane.
156. Wrong way on divided highways - Improper crossing.
159. Fail to slow down, stop for, or following emergency vehicles.
162. Crowding driver’s seat
163. Fail to obey railway crossing signal;
164. Driving through, around or under railway crossing barrier;
166. Improper passing of street car;
176. (3) Failing to obey traffic control slow sign.
199. Fail to report accident;
2 Demerit Points
106. Seat belts.
132. Unnecessary slow driving
141. (2) and (3) Improper right turn .
141. (6) and (7) Improper left turn.
142. (1) (2) & (8) Unsafe turn, fail to signal;
143. U-turns prohibited
144. (9) Disobey sign.
148. (1), (2), (4), (5), (6) and (7) Failing to share road.
157. Prohibited backing when speed limit is over 80 km/h.
160. Towing of persons on bicycles, toboggans, etc.
165. Improper opening of vehicle door.
168. Fail to lower headlamp beam.
182. (2) Fail to obey signs prescribed by regulation.
Frequently Consulted HTA Regulations
o Races, contests and stunts (s.172).............................. O. Reg. 455/07
o Demerit point system ................................................... O. Reg. 339/94
o High occupancy vehicle lanes...................................... O. Reg. 620/05
o Drivers' licences........................................................... O. Reg. 340/94
o Seat belt assemblies.................................................... R.R.O. 1990, Reg. 613
o Signs............................................................................ R.R.O. 1990, Reg. 615
o Speed limits ................................................................. R.R.O. 1990, Reg. 619
o Vehicle permits ............................................................ R.R.O. 1990, Reg. 628
o Driver licence examinations......................................... O. Reg. 341/94
Other HTA Regulations
o Accessible parking for persons with disabilities ........... R.R.O. 1990, Reg. 581
o Accessible vehicles...................................................... R.R.O. 1990, Reg. 629
o Administrative monetary penalties ............................... O. Reg. 273/07
o Border approach lanes................................................. O. Reg. 94/06
o Carriage of goods ........................................................ O. Reg. 643/05
o Classification of vehicles as irreparable,
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salvage and rebuilt................................................ O. Reg. 376/02
o Commercial motor vehicle inspections......................... O. Reg. 199/07
o Commercial motor vehicle operators'
information............................................................ O. Reg. 424/97
o Community safety zones.............................................. O. Reg. 510/99
o Conduct review programs............................................ O. Reg. 287/08
o Covering of loads......................................................... R.R.O. 1990, Reg. 577
o Critical defects of commercial motor vehicles.............. O. Reg. 512/97
o Definitions and requirements under section
142.1 of the act (yielding right of way to buses).... O. Reg. 393/02
o Designation of bus by-pass shoulders on king's
highway ................................................................ O. Reg. 618/05
o Designation of highways.............................................. R.R.O. 1990, Reg. 579
o Display screens and hand-held devices....................... O. Reg. 366/09
o Equipment.................................................................... R.R.O. 1990, Reg. 587
o Garage licences........................................................... R.R.O. 1990, Reg. 595
o General........................................................................ R.R.O. 1990, Reg. 596
o Gross weight on bridges .............................................. R.R.O. 1990, Reg. 598
o Highway closings ......................................................... R.R.O. 1990, Reg. 599
o Hours of service........................................................... O. Reg. 555/06
o Ignition interlock devices.............................................. O. Reg. 251/02
o International registration plan....................................... O. Reg. 11/04
o Lamps - use of flashing red or green lights.................. O. Reg. 484/07
o Licences for driving instructors and driving schools..... O. Reg. 473/07
o Local municipalities where 80 kilometres per hour
speed limit applies ................................................ O. Reg. 8/03
o Long-term vehicle impoundment under
section 55.1 of the act........................................... O. Reg. 631/98
o Motor vehicle inspection stations ................................. R.R.O. 1990, Reg. 601
o Operation of off-road vehicles on highways................. O. Reg. 316/03
o Over-dimensional farm vehicles................................... R.R.O. 1990, Reg. 603
o Parking......................................................................... R.R.O. 1990, Reg. 604
o Parking of vehicles in territory without municipal
organization.......................................................... R.R.O. 1990, Reg. 605
o Photo-radar system - part xiv.1 of the highway
traffic act............................................................... O. Reg. 500/94
o Pilot project - segways................................................. O. Reg. 488/06
o Pilot projects - low-speed vehicles............................... O. Reg. 449/06
o Portable lane control signal systems ........................... R.R.O. 1990, Reg. 606
o Power-assisted bicycles............................................... O. Reg. 369/09
o Pre-empting traffic control signal devices .................... O. Reg. 34/06
o Reciprocal suspension of driver's licence .................... O. Reg. 37/93
o Reciprocal suspension of licences............................... R.R.O. 1990, Reg. 607
o Red light camera system evidence .............................. O. Reg. 277/99
o Reporting to the registrar: administrative
Suspension of drivers' licences............................. O. Reg. 407/08
o Restricted use of left lanes by commercial
o motor vehicles.............................................................. R.R.O. 1990, Reg. 608
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o Restricted use of the king's highway............................ R.R.O. 1990, Reg. 609
o Safety helmets............................................................. R.R.O. 1990, Reg. 610
o Safety inspections........................................................ R.R.O. 1990, Reg. 611
o School bus offence - service of offence notice
on vehicle owner................................................... O. Reg. 468/05
o School buses ............................................................... R.R.O. 1990, Reg. 612
o Security of loads .......................................................... O. Reg. 363/04
o Short-term vehicle impoundment under section
55.2 of the act....................................................... O. Reg. 415/10
o Slow moving vehicle sign............................................. R.R.O. 1990, Reg. 616
o Special permits ............................................................ O. Reg. 381/98
o Specifications and standards for trailer couplings........ R.R.O. 1990, Reg. 618
o Speed limits ................................................................. R.R.O. 1990, Reg. 619
o Speed limits in provincial parks.................................... R.R.O. 1990, Reg. 620
o Speed limits in territory without municipal
organization.......................................................... R.R.O. 1990, Reg. 621
o Standards to determine allowable gross vehicle
weight for bridges ................................................. O. Reg. 103/97
o Stop signs at intersections........................................... R.R.O. 1990, Reg. 623
o Stop signs in territory without municipal organization .. R.R.O. 1990, Reg. 624
o Stopping of vehicles on parts of the king's highway..... R.R.O. 1990, Reg. 622
o Testing, repair and compliance requirements
for unsafe vehicles under section 82 of the act..... O. Reg. 381/02
Tire standards and specifications ......................... R.R.O. 1990, Reg. 625
o Toll devices.................................................................. O. Reg. 147/97
o Traffic control signal systems....................................... R.R.O. 1990, Reg. 626
o Use of controlled-access highways by pedestrians ..... R.R.O. 1990, Reg. 627
o Used vehicle information package ............................... O. Reg. 601/93
o Vehicle weights and dimensions - for safe, productive
and infrastructure-friendly vehicles ....................... O. Reg. 413/05
o Vehicles on controlled-access highways...................... R.R.O. 1990, Reg. 630
o Yield right-of-way signs in territory without
municipal organization.......................................... R.R.O. 1990, Reg. 631
Highway Traffic Act 2013 Amendments Bills
o ..............................................................................Bill 34
An Act to amend the Highway Traffic Act in respect of permit denials and out-of-
province service and evidence in certain proceedings and to make a consequential
amendment to the Provincial Offences Act
Provincial Offences Act (POA)................................Act
o Deemed not to dispute the charge......................s.9
o Reopening ..........................................................s.11
POA Regulations
o Costs.....................................................................R.R.O. 1990, Reg. 945
o Electronic documents and remote
meetings ........................................................O. Reg. 67/12
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o Extensions of prescribed times .............................R.R.O. 1990, Reg. 946
o Fee for late payment of fines.................................O. Reg. 679/92
o Fine option program..............................................R.R.O. 1990, Reg. 948
o Forms....................................................................O. Reg. 108/11
o Proceedings commenced by
certificate of offence.......................................R.R.O. 1990, Reg. 950
o Victim fine surcharges...........................................O. Reg. 161/00
Compulsory Automobile Insurance
Act (CAIA) ............................................................Act
CAIA Regulations
o Administrative penalties O. Reg. 409/12
o Automobile insurance reporting
o information O. Reg. 239/10
o Exemptions R.R.O. 1990, Reg. 95
Insurance Act (IA) ....................................................Act
IA Regulations
o Automobile insurance............................................R.R.O. 1990, Reg. 664
o Court proceedings for automobile
Accidents that occur on or after
November 1, 1996..........................................O. Reg. 461/96
o Fault determination rules.......................................R.R.O. 1990, Reg. 668
o Statutory accident benefits schedule
effective September 1, 2010 .........................O. Reg. 34/10
o Statutory conditions - automobile insurance..........O. Reg. 777/93
o Uninsured automobile coverage............................R.R.O. 1990, Reg. 676
Court of Justice Act (CJA) ......................................Act
CJA Regulations
o Rules of the court of appeal in appeals
under the provincial offences act ...................O. Reg. 721/94
o Rules of the Ontario court (provincial
division) in provincial offences
proceedings ...................................................R.R.O. 1990, Reg. 200
o Rules of the Ontario court (general
division) and the Ontario court
(provincial division) in appeals
under section 116 of the
provincial offences act....................................O. Reg. 723/94
o Rules of the Ontario court (provincial
division) in appeals under section
135 of the provincial offences act...................O. Reg. 722/94
o Bilingual proceedings ............................................O. Reg. 53/01
o Designation of regions...........................................R.R.O. 1990, Reg. 186
Justices of the Peace Act........................................Act
o Justices of the Peace ............................................Directory
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o Justices of the Peace ............................................Role
o Justices of the Peace Judicial
Conduct/Complaints.......................................Review Counsel
Canadian Charter of Rights
and Freedoms.........................................................Charter
o Charter Decisions Digest.......................................Digest
o Charter Guide .......................................................Guide
CASE LAW
CanLII Court Decisions/Case Law..............Database
o Driving Under Suspension
o Stunt Driving
o Failing to remain at scene of accident
o Careless Driving
o Following too Closely
o Speeding
o Stop Sign
o Red Light
o Amber (yellow) Light
o Hand Held Devices, Cell Phone
MINISTRIES & GOVERNMENT
Ministry of Transportation..................................Website
o Ministry of Transportation.................................FAQ
o Ministry of Transportation.................................Driver’s Handbook
o Ministry of Transportation.................................Publications
Ministry of the Attorney General .......................Tickets and Fines
o Ministry of the Attorney General.......................Glossary of Legal Terms
o Ministry of the Attorney General.......................Crown Policy Manual 2005
o Ministry of the Attorney General.......................Unrepresented Accused
Financial Services Commission
of Ontario......................................................Website
o Automobile Insurance.......................................For Consumers
o Understanding Automobile Insurance ..............Webpage
o Understanding Rates / An Interactive Tool.......Calculator
Legal Aid Ontario................................................Website
o Publication and Resources...............................P&R
o Getting Legal Aid..............................................Webpage
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FINAL WORDS
Finally, whether you represent yourself or hire a legal
representative, enter into a resolution, pay the ticket or go for a
trial, I suggest that you learn as much as you can to efficiently and
effectively deal with your traffic ticket. It is important that you get
a legal opinion and advice based on the unique facts of your case.
Knowledge of the process and substantive law pertinent to your
charge will be essential whether you decide to represent yourself
or retain a representative. Knowledge of the court process and
specific law relating to your charge will enable you to give
informed and effective instructions to your representative, to
evaluate your representative’s performance during the entire
process and to make informed decisions about how to deal with
your charge.
I hope this basic guide helped you to better understand the
process of dealing with traffic tickets.
CRISTIAN A. BIRON
54. - 47 -
www.ticketfight.com
DISCLAIMER
This publication is intended to provide general information about the subject
matter covered. It is not meant to provide legal opinions, offer legal advice, or
serve as a substitute for advice by Ontario licensed, legal professionals.
This eBook is sold with the understanding that the author and the publishing
company are not engaged in rendering legal or other professional services. Do
not, under any circumstances, rely on information in this publication as legal
advice. Purchasing, reading or using the information provided in this publication
does not create a lawyer/paralegal-client, advisory, or fiduciary, relationship.
The author and the publishing company do not warrant that the information in
this eBook is complete or accurate, and do not assume, and hereby disclaim, any
liability to any person for any loss or damage caused by errors, inaccuracies or
omissions, or usage of this publication.
Laws and interpretations of those laws change frequently and the subject matter
of this publication may have important legal consequences. If not understood, an
Ontario licensed professional should be consulted. All risk of loss or damage is
solely that of the reader and user of this eBook and the author disclaims any
liability thereof.
References and Internet links are provided for informational purposes only and do
not constitute endorsement of any websites or other sources. Readers should be
aware that the websites listed in this book may change.
COPYRIGHT
This publication is copyright 2013-2015 Cristian Biron and may not be
reproduced or distributed in any form for commercial or non- commercial
purposes without his express written consent.
