- They misspelled my name. Shouldn’t it be thrown out anyway?
- Well, if I hire you do I have to go to court?
- The fine is only $110. Why is the fee more? Isn’t it cheaper to just pay the ticket?
- I was given a ticket with a court date. How do I just pay it?
- I missed my court date. What can I do?
The short answer is yes. Before you do however, read further.
Although the Provincial Offences Act is in place to make it easy for people to represent themselves, it is usually advisable to at least speak to a paralegal or lawyer to get some legal advice. Sometimes what may seem like simple charges can actually be quite complex. Speeding, for example, is a simple charge but extremely technical in nature and should be reviewed by a professional.
Also, some of the more serious offences carry stiff penalties including license suspension, jail and probation. It is wise to consult a legal professional if dealing with any of these possible penalties.
In addition, there may other legal arguments that could be made on your behalf that you might be unaware of. When you hire someone, they have a duty to canvass all the issues with you to determine what’s in your best interest.
You may be able to represent yourself. You may even be successful but, before you do, ensure that all of your rights are protected and get advice on the charge. Ensure the advice is specific to your charge and circumstances. For a free consultation, please contact us.
Probably not. The Provincial Offences Act provides for broad powers of amendment. Unless your name is Smith and they wrote Jones, you will likely find that they amend the certificate (court’s copy of the ticket) to the correct spelling.
Speak to a paralegal or lawyer about the nature of the flaw. Find out how the flaw affects you. Some flaws are fatal, others are not. Getting legal advice on what to do when faced with a traffic ticket which you believe to be flawed may make the difference in the end result of the case. For a free consultation to discuss this issue, please contact us.
That would depend on the facts and the issues. There is no define answer to that question that applies to everyone in every situation. In some cases, we require your attendance but for most offences we do not require your attendance. Consult one of our paralegals and find out if your case is one of those cases where you don’t have to attend.
There also times when it’s a good strategy to not attend.
Your attendance is required when you need to testify or ordered to attend by a court. You’re always entitled to be present for the proceedings if you so choose.
It isn’t. Traffic tickets can cost more than just the fine on the ticket. The fine pales in comparison to the cost of rising insurance, the cost of losing your driver’s license or, if you drive for a living, possibly losing your job.
The impact in a traffic ticket goes well beyond any fine imposed.
Lawyers & paralegals are usually cost effective because they can prevent your insurance premiums from increasing or keeping you driving. Find out how your traffic ticket could affect you by contacting us today.
The short answer is: You can’t. Traffic tickets with court dates are summons, usually under Part III. These are fairly significant offences. They could include probation, license suspension or jail as part of the penalty.
These summons cases require you or your legal representative to attend court and enter a plea. It may be that just a fine is imposed but the sitting Justice of the Peace will have to impose a penalty. There is no out of court settlement.
It would depend on what kind of court date you missed. If it’s a Part I, you’ll likely be deemed not to dispute the charge and convicted. You should attend the court house and confirm. If you are convicted and it was through no fault of your own or if a necessary document (trial notice) didn’t reach you, you may qualify for a reopening. You can enquire at the court house with whether you qualify or you can get legal advice.
If you missed a Part III summons date, you should contact the court immediately and find out what happened. It is possible that the matter was adjourned (postponed) or perhaps you were convicted in your absence. There are no reopening applications for Part III matters. You’ll need to launch an Appeal in order to undo the problem.
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