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 Paralegal Professional Using a Five Step Process Can Help You.
Understanding How and Why to Get Affordable and Professional Legal Help to Fight Traffic Ticket Charges
If you were charged with a traffic ticket or a driving offence for allegedly violating the Highway Traffic Act, R.S.O. 1990, c. H.8, then take heed as the traffic ticket legal process can be challenging and fraught with potential pitfalls; however, Benchmark Legal Office is available to help 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.
Benchmark Legal Office
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.
Benchmark Legal Office
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