Traffic Ticket Defense

Was just reading up on this topic here http://forums.tdiclub.com/showthread.php?t=119853&highlight=speeding+ticket but was wondering if anyone has used someone else and has had good experience. BTW, this was a speeding ticket.

Based on my personal experience (speeding) you don't need anybody to represent you in court. Just select option 3 and check "challenge evidence" to request the presence of the officer in the court. Before the court you'll have a chance to talk to the prosecutor. That's where the deals are made. Take whatever they offer and you are good to go. Usually they give you "sigh violation" with 2 points attached instead of 4 points for over 30 km/h over the limit. In your case I am almost sure you get the charge reduced to 15 km/h over and $50 and no points. Justice of the piece isn't an option for nice guys like us

If you feel like you'd be a good lawyer, there are some tricks you may try in front of the judge but I wouldn't go there. Your chances are like 1:100 because the cop will lie his way out. That's happened to me once and I am not taking this route anymore.

Go to the prosecutor after you've filed your not guilty option and ask for full disclosure. That means you request the cops' notes. they'll give you a photocopy of his notes within a few days or weeks following your written request.

Then after reading and understanding the police information, call around to several paralegals like x-copper, pointts etc. and ask pointed questions about what would be your best defense.

Armed with that information, you should be able to craft a solid defence.

If all else fails, if your hearing is delayed for several months, you can file a charter challenge (Charter of Rights and Freedoms) claiming your right to a speedy trial has been greatly delayed and requesting the charges be thrown out. That has worked for me.

http://www.magma.ca/~fyst/ is a great resource.

I'm with CountryGuy, never trust a cop to tell the truth in court.

TDIDarryl said:

I'm with CountryGuy, never trust a cop to tell the truth in court.

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or a defendant in a speeding case

owr084 said:

or a defendant in a speeding case

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As a defendant you don't have to answer the question that will prove you are guilty This is prosecutor's job

Muggins said:

Go to the prosecutor after you've filed your not guilty option and ask for full disclosure. That means you request the cops' notes. they'll give you a photocopy of his notes within a few days or weeks following your written request.

Then after reading and understanding the police information, call around to several paralegals like x-copper, pointts etc. and ask pointed questions about what would be your best defense.

Armed with that information, you should be able to craft a solid defence.

If all else fails, if your hearing is delayed for several months, you can file a charter challenge (Charter of Rights and Freedoms) claiming your right to a speedy trial has been greatly delayed and requesting the charges be thrown out. That has worked for me.

Click to expand...

Man, this is great. I wish I knew it earlier. I'll go to the court in the next few days because I have filled an appeal almost 2 years ago and never got anything from them. So, it would be nice to get the money back from them

Thats some amazing information that you guys have put together in this thread, wow!!!

In the 10 years that I've been in Canada never have been pulled over by a cop or have had any tickets whatsoever but will make notes of all this for future reference;-)

Jeez, and all I do is use my cruise control, and cb radio......its amazing how much trouble I can avoid.

Craig

I'm being sued from a collision under 5 km/hr from an accident 2 yrs ago in a company truck. The vehicle was unattended and a cop was with me on scene. Now my personal insurance has gone up 5k till this is resolved. They want 1,075,000 in damages.