Congratulations on the win
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
Sep 7th, 2017 8:21 am
Congratulations on the win
Sep 7th, 2017 8:23 am
No she does not need to provide anything ahead of time.Jenuine wrote: ↑Sep 6th, 2017 6:04 pmI'm trying to help a friend fight a ticket.
She made a left turn during prohibited time, the sign was not visible. She wrote her councillor and actually got the sign moved to a more visible spot. She plans on using this as evidence during her trial.
I can vaguely recall that in order to introduce her evidence at trial, she needs to inform the prosecutor beforehand that she has evidence, in this case, pictures and a letter. Does anyone know where she can file the evidence? I thought I've seen addresses here but I can't find them anymore. Thanks!
Sep 7th, 2017 8:24 am
If ticket was dismissed/withdrawn or you were found not guilty, then it is forever gone and will not show up on your record and insurance can not use it against you.
Sep 7th, 2017 8:28 am
Congratualtions on the win!xylene567 wrote: ↑Sep 7th, 2017 7:45 amMy experience in court
The prosecutor tries to persuade everyone to plead guilty. When one person said "not guilty" he raised his voice and said "you will be paying full fine if we go to trial"( this is not true, because even if you fail in your argument they would reduce the fine or points if you request. So it is worth a shot to go to trial.
Out of 25 people who were there 20 plead guilty and took an offer from the prosecutor. Only five went to trial. Two (including mine was dismissed) because of a technicality. The officer was present, but he said his notes were destroyed. And the prosecutor decided not to pursue
Sep 7th, 2017 10:00 am
Sep 7th, 2017 10:33 am
Thank you.ShrekTek wrote: ↑Sep 7th, 2017 8:28 amCongratualtions on the win!
As far as prosecutor saying "you will be paying full fine if we go to trial" what they mean is that if your speeding ticket was reduced by officer at roadside, then if you go to trial and lose, it will be raised back up to the original higher speed. If the speeding ticket was not reduced by officer then they can not raise it higher and you have nothing to lose by going to trial. Only if it was reduced can they raise it back up, so depending on the reduction the officer gave you, it may not be worth fighting and losing.
Sep 7th, 2017 2:25 pm
Sep 7th, 2017 4:40 pm
Hey shrek.ShrekTek wrote: ↑Aug 10th, 2017 9:52 amSo in order for anything you said to be used at the trial (make sure you object if they try to use any of it), the prosecution would have to ask for a voir dire, which is a mini trial where they will specifically look at the situation in which you gave your statements. In this case, everything you said above is good to prove that you thought you HAD to answer his questions and that you did not volunteer the information.
At the summons date you can try to get the prosecutor to drop the charges by telling them that they can not prove who was driving at the time. You can say that you did not admit to being the driver, and that you are under no obligation to tell them who was driving at the time, and that if they can not identify the driver then the charges must all be dropped. Remember that you do NOT have to answer ANY questions the prosecutor or officer ask you about the incident.
If they can not prove who the driver was, then NO they can not charge the owner. All these charges are against the DRIVER and I do not see any variations on them that allow them to charge the owner at all anyways. If you read each of the charges, it does say specifically DRIVER or OPERATOR and says nothing about OWNERS, so all these charges are against the DRIVER.
I would not worry about the photographs at all at the summons date until you get to a trial date, at which time you could then try to get them thrown out. The only issue you want to talk about is the DRIVER issue... the prosecutor may not agree to withdraw charges as they may think that they can use your statements at trial, but that is okay just say "Ok so I plan to plead Not Guilty then and would like a trial date and here is my disclosure request."
And remember, even it goes to trial, the witness themselves needs to show up to testify otherwise the charges need to be dropped. The witness and officer do NOT need to be at the Summons date though, so you will not see them there.
Sep 7th, 2017 4:45 pm
Sep 7th, 2017 6:27 pm
Sep 8th, 2017 10:02 pm
Sep 8th, 2017 10:33 pm
Sep 9th, 2017 8:31 am
Sep 9th, 2017 9:50 am
They can't add the speeding charges after the fact, don't worry about that. Those kind of charges are pretty hard to fight, they either were or they weren't, unless the officer did something wrongUser869849 wrote: ↑Sep 9th, 2017 8:31 amHey guys, needing help with two tickets I got asap as the trials are on 13/09/17 and 15/09/17. I was pulled over for speeding (50+ over) and the officers decided to let me off of the charges and instead gave me two other tickets, one for blacked out taillights (0 demerits) and another for having a dirty license-plate (0 demerits). I'm wondering if I go to trial can they add the speeding charges ECT... and should I just plea guilty now and pay the $300 combined fine to avoid addition of charges? is this worth fighting?
Sep 9th, 2017 10:29 am
Perfect, thank you! Would it even be worth going or should I just go in on Monday and cancel? Any chance they would reduce the price / throw one out?