View Full Version : Traffic ticket lawyers
AcegMan
03-08-2010, 10:41 PM
Aside from POINTTS
anyone used the services of a lawyer to fight a ticket? I wasnt planning on getting a lawyer but I started reading up on opinions and consequences of going 52 over the limit and I'm getting more nervous. So if you can recommend a good one, please do. thanks
gicantor
04-08-2010, 03:40 AM
It would probably be cheaper just to pay the ticket than to drag a lawyer into it.
Aaron_37
04-08-2010, 03:51 AM
You were caught going 52 over the limit. I don't think a lawyer is going to be able to help you all that much... I would pay the ticket and learn your lesson.
ironwill
04-08-2010, 09:32 AM
Go to court and represent yourself, It may get it cut down as far as demerits go.....Or try out points, they worked for me...
RagingRandy
04-08-2010, 09:42 AM
No need for a lawyer but get a guy to fight the ticket. There should be a few different ones in your area. Try the phone book or Google. It is relatively inexpensive. In fact, I was nailed doing 40KM over and my guy got the speed lowered which lowered my fine. In the end I was about breakeven money-wise but ended up with a minor ticket instead of a major ticket. So that saved me both points and insurance.
Ticket agents usually only bill you if they were able to do something for you. So unlike a lawyer there is no downside if they lose.
AcegMan
04-08-2010, 03:11 PM
didnt get a fine, just got ther pink slip for court
there's a couple things that can happen
1. i can go to jail
2. i can lose my license
3. 1 and 2
so If i can get the ticket lowered to even 50 km over and like 4 demerits off im happy.
forgot to mention this was in a construction zone at 5 in the morning, even though there were no people/crew's around and no machine's around. not sure why its a contrction zone to be honest.... if you wanna know what im talking bout, take the henday out of st albert just after the yellowhead... pointless
RagingRandy
04-08-2010, 03:43 PM
^^^^Sounds like a speed trap cops wet dream. I know in Ontario fines are doubled in construction zones occupied or not.
ironwill
04-08-2010, 03:45 PM
You wont go to jail unless you have been a real bad boy, trust me ive doubled the speed limit a few times and got nailed hard, but no jail....
Go with a witness and get pics of the zone in question and plead your case, still think you should look at POINTS, if what you say is accurate, you have a good chance...Construction zone signs are supposed to be covered when no-one is working in the areas zoned.....Fight it!!!
AcegMan
04-08-2010, 04:11 PM
yeah well usually they have signs here that say speed fines double. I m from toronto too so I know what you mean.
yeah i tried pointts, they only work out of calgary
here in edmonton there is a place called fight that ticket, they quoted 52 over at 485$, i didnt mention the contruction zone thing tho. gotta go in and sit down with them. any things i should ask/make sure i find out?
do pictures hold up in court tho? what about video tape?
ironwill
04-08-2010, 04:21 PM
Pics hold up in court if they are well documented and with landmarks etc......
Hopefully pdh will chime in, he is an expert at these things...
vakker
04-08-2010, 07:50 PM
photo radar?
Points worked for me.For the money it's worth it if you can get it reduced.The judges want to keep these retired cops in business,right?
massmachine
04-08-2010, 09:46 PM
You wont go to jail unless you have been a real bad boy, trust me ive doubled the speed limit a few times and got nailed hard, but no jail....
Go with a witness and get pics of the zone in question and plead your case, still think you should look at POINTS, if what you say is accurate, you have a good chance...Construction zone signs are supposed to be covered when no-one is working in the areas zoned.....Fight it!!!
Agreed. You have nothing to lose. First things first. Request full disclosure and go from there as far as a defense is concerned. Speeding is an absolute liability offence meaning you can't tell the judge you were speeding because of some excuse(unless you felt your life was in danger). You have to fight it based on a breach or technical issue somewhere in the investigation, hence the reason you need disclosure. If you do not receive everything before your trial just ask the JP to adjourn to a later date so you have time to get all the information and have time to prepare a defense. If it takes a long time you can go after a charter violation and perhaps get ticket quashed that way. There are many sites out there that can help you. Do some homework, you have time...
kawikaratekid
04-08-2010, 10:23 PM
I doubt you`ll go to jail for that....Like ironwill said get some pics. If you`re lucky you may be able to find a sign that states that the construction zone speed limit is only applicable when workers are present.
Just a side note to all this. I`ve went to court for every ticket that I`ve got. Every single time I`ve went I`ve gotten off. More often then not the cop won`t show. The one time the cop showed I had it remanded and showed up with pics. I won due to improper signage - their is a little more to it than that.
AcegMan
05-08-2010, 11:15 PM
went to 'fight that ticket' here in edmonton
i asked about taking pics thing.. he said they won't do anything in court.... the cop doesnt have to show up for this one, not sure why. I paid 519 for them to take care of everything.
he said judges from red deer like to suspend license's..the most he said would be a month, 2 weeks at least...
but they are going to work on lowering it / demerits
he also signed me up for a defence driving course free...since they like to see things like that. im just glad i dont have to deal with it
appreciate your responses
ill let ya know what happoends
Bomani
06-08-2010, 07:14 AM
Agreed. You have nothing to lose. First things first. Request full disclosure and go from there as far as a defense is concerned. Speeding is an absolute liability offence meaning you can't tell the judge you were speeding because of some excuse(unless you felt your life was in danger). You have to fight it based on a breach or technical issue somewhere in the investigation, hence the reason you need disclosure. If you do not receive everything before your trial just ask the JP to adjourn to a later date so you have time to get all the information and have time to prepare a defense. If it takes a long time you can go after a charter violation and perhaps get ticket quashed that way. There are many sites out there that can help you. Do some homework, you have time...
He wasn't arrested or detained so a charter violation wouldn't apply because the charter isn't coming into play. A roadside stop is ruled not to be a detention by the S.C.C . I guess you got it taken care of then , but in alberta 50 km over is a mandatory court appearance, the officer didn't have any choice but to give you the summons to appear. Also in response to the other comment about the signs must be covered , in Ontario and Quebec this is true however heres what I know for Alberta ...
Can I be charged if the ‘Speed Fines Double’ and ‘Begins’ signs are present but no workers are visible?
Yes. The signs will be posted when it is expected that workers will be present. It is very important that motorists obey the construction/maintenance work area signs because workers could be on site but not visible to approaching vehicles.
Will the work area ‘Speed Fines Double’ and ‘Begins’ signs be covered or removed when workers are not present?
Yes they will be covered. However, there may still be dangers to motorists travelling through the area, and they must obey all warning and speed limit signs.
massmachine
06-08-2010, 10:41 AM
He wasn't arrested or detained so a charter violation wouldn't apply because the charter isn't coming into play.
I'm fully aware of that. It would come into play if he asks for complete disclosure and IF the crown gives him the runaround and it takes numerous requests(months) to obtain all documentation then a charter violation would come into effect. He could then seek a stay in proceedings...
Sec. 11(c) Charter of Rights and Freedoms - Any person charged with an offence has the right to be tried within a reasonable time.
ironwill
06-08-2010, 11:36 AM
Good info 5-0 and massyman....
Bomani
08-08-2010, 06:22 PM
I'm fully aware of that. It would come into play if he asks for complete disclosure and IF the crown gives him the runaround and it takes numerous requests(months) to obtain all documentation then a charter violation would come into effect. He could then seek a stay in proceedings...
Sec. 11(c) Charter of Rights and Freedoms - Any person charged with an offence has the right to be tried within a reasonable time.
:beer you got me on that one.. I totally overlooked that. Just to add that to anyoen who needs legal advice and doesn't want to pay for a lawyer legal aid is available to anyone to give advice just go to the local office and ask to speak with one of the lawyers ( even if you don't qualify for legal aid they are supposed to give you free advice , even for civil matters ) .
Cheers
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