Getting Started With the Five Step Process For Fighting Traffic Ticket ChargesPage last modified: January 28 2022
Share to Facebook
What Are the Steps to Fighting a Traffic Ticket?
Fighting a Traffic Ticket Happens In Five Carefully Planned Steps:
1. Reviewing the Ticket For Mistakes As May Be Fatal Flaws;
2. Assessing Risks of Suspension, Insurance Increases, etc.;
3. Reviewing the Available Evidence and Defence Strategies;
4. Attending Pre-Trial Hearings; and
5. Fighting the Charge at Trial.
Understanding How to Get We Defend You Started In the Five Step Process of Fighting Your Traffic Ticket Charges
We Defend You is ready to help guide and serve you through the process of fighting a traffic ticket charge. Once hired to serve on your behalf, We Defend You gets started with the five-step process shown below. Throughout the entire process, We Defend You keeps abreast of changes to the Provincial Offences Act, R.S.O. 1990, c. P.33 as the procedural law applicable to traffic tickets, the Highway Traffic Act, R.S.O. 1990, c. H.8. as the substantive law applicable to traffic tickets, as well as relevant precedent case law decisions. By keeping focused upon changes in the law, as well as providing a focus upon your specific case, We Defend You assures that you are in good hands and helps to provide the peace of mind that you need to make the stress and worries of a traffic ticket much easier. We Defend You helps you by acting as your guide and legal advisor through all the necessary steps.
We Defend You Helps You With These Important Steps:
Step One - Review the Ticket
- To review the traffic ticket as a charging document (formally known as an Offence Notice or Summons); and
- To determine whether the traffic ticket contains any substantial mistakes as 'fatal flaws' that could get the ticket thrown out;
Step Two - Assess Your Situation
- 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.
Step Three - Review the Case
- 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.
Step Four - Provide Pre-Trial Advocacy
- 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.
Step Five - Provide Trial Advocacy
- 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.
The professional representation of We Defend You can help you to put up the strongest fight possible against traffic ticket or to help reduce a traffic ticket to a lesser charge and possibly to reduce the fine. Protecting your driving record also helps to protect your insurance rates, employability, privilege to drive, among other things.
Fines, speeding charges
While the law does allow for a range of fines for many Highway Traffic Act offences, the fines applicable to speeding charges are based on a fixed calculation.Learn More
Fines, statutory minimums
In December 2018, the Court of Appeal handed down a decision that, essentially, becomes the guideline for review prior to judges using discretion to lower...Learn More
There is a common urban myth and belief that if a Certificate of Offence, colloquially referred to as a 'traffic ticket', is flawed, meaning imperfectly...Learn More
Demerit Point System
The demerit point system records and tracks the frequency and severity of traffic offences incurred by a driver. Upon acquiring too many demerit points, a...Learn More
Doctrine of Abuse of Process
The doctrine of abuse of process may be used to obtain a Stay of Proceedings where government personnel engage in misconduct that is unfair or would bring...Learn More
Getting Reduced Charge
When charging a traffic offence, police officers will often charge the most serious of the available charges that appear to apply to the situation despite that...Learn More
Insurance, rating system
Traffic tickets can affect insurance rates in various ways. The more serious the type of traffic ticket the more serious the affect upon insurance rates.Learn More