Imagine the case when you got a ticket for going a little bit over the speed limit and unfortunately the officer was not compassionate to you. What solutions will come to your mind if you want to dispute it? Some of the information I’ve gained from various Canadian sources will be mentioned in this article. Although a couple of rules may be different in some provinces, the general rule is valid everywhere. Consult a paralegal Toronto expert, if necessary.
The first option is that if you show up, you will win some of the time. If you take a day off your work and decide to be present in Small claims court in Toronto, the officer won’t be able to make it probably. This can be due to various reasons such as sick, vacation, being tied up earlier in the morning with something else, etc. if your case isn’t serious, this will happen in most of the time and it can be an automatic win.
Secondly, when you file for a court date and the details are usually on the ticket, a letter will be given you and informs you about the date. It should be mentioned that the note of the officer will have to be given to you before hearing. According to my experiences, some of the law enforcement officers take perfect notes while others take brutal ones and this is true especially if the officer is a young male due to our educational system.
If the note doesn’t show the problem, what you are charged with, issues concerning your car, and other necessary information, it is probably adequate to win the case by itself. The worst situation is that you are not sure what evidence there is against you to fight the charge.
In case your ticket was given with a radar gun, you can ask them to disclose a copy of the calibration records. In some cases the calibration itself will make the case invalid.
When the note of an officer is not illegible, you can request for the typed version and also for an adjournment on that basis. Even when they are not of good quality, the judge may throw out the case. Generally speaking all these are like a numbers game and they don’t want to be dealt with a person who was 9 km over the speed limit. The last point is when you ask for disclosure, make sure and write down the name of people you talk to in order to follow up later. This is what I do when I am dealing with a significant issue. If you have ever worked in an office, you know better than me that these techniques will work out. Some provide you with a phone number and others give you a mailing address, but don’t forget to get the disclosure anyway.
The third step is following your calendar. The Canadian Charter of Rights and Freedoms Section 11 (b) can be summarized that you have the right to a fair and fast trial. In fact, if your court date is more than a year from the date of the offence, the courts can throw out the case on 11 (b). In case you delay the case for your benefit, it cannot work through. Sometimes various delay ways for the express purpose of claiming this law are advocated by people.
The last stage is considering the point that if you are going to lose, doesn’t go to court. If you see the court starts and the officer have flawless note-taking abilities, this may be your end. So, in more serious cases try to employ a paralegal Toronto expert. In most cases the paralegal will tear the ticket down to get a guilty a plea. Though the case of keeping your insurance down will seem in vain, this will give you some value due to the time you spend.