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Canadian Traffic Court


--weezl--

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long story short, was given a ticket for a BS charge, i am mostly prepared for court (turns out it's tomorrow afternoon) and most likely will go to trial...

I've never been to a Canadian traffic trial, however i have been to several criminal trials (long story, i was never charged or accused in any way shape or form for anything, regarding the trials) and i just need to clarify with someone who has been to traffic court, about the proceedings, and how everything goes... can you please let me know in this thread if you can help...

again, i've got about 14 hours before this is set to go for trial
 


'99 EB Explorer

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Umm...no such thing as "canadian" traffic court. It's all run provincially. I know here in Ontario, they fill the courtroom with everyone that needs to be there that day, then they line 'em up and knock 'em down one by one. The procecutor here WILL hang you out to dry unless you strike a deal with the cop first.
 

--weezl--

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when i say canadian, i mean in canada, not federal... the american traffic court system is completely different than in canada, and while the courts are run by the province (with the exception of queens bench) they are all very much the same...

you can't possibly strike a deal with the cop, as they don't have the authority to make a deal... only the crown can make a deal... what i'm curious about is the whole questioning and what not, i'm told that the defense can cross examine evidence, and testimony, but i'm just not sure about the whole procedure as it all happens, what the "schedule" would be, if you were to call it that...

i've got a whole multitude of defenses ready for this trial, everywhere from guilty with an excuse (which is a legal defense) right up to charter violations (yes, plural, i believe there's about 6 charter sections that i can bring up)

and i'm not so sure about ontario, but out here in alberta, the best crown does not get stuck in traffic court, not to mention the best lawyers don't become crown anyways... there's no money in it, comparatively to defense... and even the few of the really good lawyers, who do become crown, are dealing with high profile murder cases
 

'99 EB Explorer

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Oh, I'm not saying that the crown here is the BEST one...but he's damn good at what he does.

As for the cop...the cops in town here have a working relationship with the crown. I've dealt with them before. I once went up and apologized and explained myself to the cop that pulled me over...we dicussed it for a while, and he went to talk to the crown and worked out a deal to have one of the tickets dropped...and the other was reduced bigtime.

Alternatively, if the officer doesn't show up to court around here, the whole thing is dropped like a hot potato. So if you strike a deal with the cop before court, he may decide to go that route.
 

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Yeah, pretty much like EB says from my experience...last time I went for a speeding ticket the DA (crown rep) came around to everyone and asked what their plea was...I told him NG and he then asked me if I'd accept a guilty with reduced fine...at that point I said OK and got off with a $40 instead of $90 ticket and no points...

Depends too on where you are...if you're in Metro TO then you'll probably have similar experience...

If you're going to fight the ticket make sure you stick with the facts...it's not Perry Mason they want to see or hear...just present your case as clearly as possible and why you think it was an injustice or worth fighting...

And, whatever you do, do NOT try to attack the cop verbally...I did that once over a seat belt ticket and it did me absolutely no good...the cop claimed he could see I was not wearing a seat belt across four lanes of traffic...he was sitting turning onto the opposite direction and I was doing about 70 Km/h...not possible in my mind...but I still got nailed because I attacked the cop verbally saying he was dreaming if he thinks he could actually see that I was not wearing a seat belt from that distance...
 

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This would help a lot if you told us what you are charged with...
Generally speaking, small stuff like speeding tickets and red lights, you can get a reduced sentence on for showing up. If you have no history of serious offenses, it really depends how the crown fells that day.
Of course, you always have that small chance the cop doesn't show up to court, and it gets thrown out entirely... But the RCMP schedules court time for their officers, so its not likely unless you got a city cop who is supposed to show up on to court on his day off.

For the record, you are not going to trail, yet.
 

--weezl--

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Thanks for the tips guys, this IS my trial, I've been in, talked to the court clerks, and crown previous to this, the crown here is basically unwilling to look at any evidence brought towards them, unless you are at trial...

The ticket is failure to produce insurance $178 in Calgary

I was sitting on the side of TE road with a friend, engines off, waiting for a tiw truck, she rolled up on us and demanded our id, reg and ins, we both gave it to her, even though sec 10 a) had already been violated, and there is no lawful placement to question us, as we had been doing nothing wrong...

Additionally, I had just gotten ny truck back from the body shop for an insurance claim, of which they had my insurance papers, (just over a month prior)

I know how The courts work, been there many times, just never gone to trial with traffic...
 

--weezl--

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P.s. I'm on the train on my way there, got 10 minutes, about 5 min away I think
 

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good luck--weezl--, hope everything works out for ya.
 

--weezl--

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Fairly sure I just won by default... It's 35 after, no cop, and I am supposed to wait 30 min from trial time for it to be dismissed...
 

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Nice...cop probably gave you the ticket thinking you'd just swallow it. She knew better than to show up and make an ass of herself.

Congrats on the win man! :icon_thumby:
 

--weezl--

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I win!

Best of all it was all rapped up soon enough I didn't need to buy a new ticket for the train!

I'll post up the whole story when I get home and have a full keyboard
 
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Surrey

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Grats. Gotta love when them cops dont show up.
 

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