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moneysense.ca, 11/04/05
Fight the Ticket
This column on Kiplinger.com suggests that it is smart to take the traffic ticket to a judge even if guilty. I can attest that this is largely true based on an experience I had with a parking ticket. A few years ago, I had parked my car in a downtown street that did not have any “No Parking” or “No Stopping” signs, but still got towed! I was hopping mad, so I decided to fight the ticket.
At the courthouse, I waited for my turn while a parade of people pleaded “guilty with explanation” and almost all of them got their fines waived or reduced to $10 from $50. The judge was especially sympathetic to first-time offenders. When my turn arrived, I found that the by-law officer was a no-show, so I didn’t have to pay the fine. I had no luck on getting the towing charges refunded though.
Parking fines may not affect auto insurance premiums, but speeding tickets and driving offences do. It makes even more sense to fight the traffic ticket or get help from companies like POINTTS or XCopper.
moneysense.ca, 11/04/05
The only problem I see with Pointts and XCopper is their agreement, which states that we “win” or it’s free. The way they see win is that if you have $500 ticket and they manage to reduce it to $490, it is still considered a win and you have to pay them their fee plus the ticket. The only useful situation to go use their services is when you have a lot of demerit points due to the ticket and don’t want it to affect your insurance!
Good point. If it is a small ticket without any demerit points at stake, it may make sense to contest it or plead guilty “with explanation”.
On May 1st, 2007, The Law Society of Upper Canada became responsible for regulating the traffic ticket paralegal profession including all traffic ticket companies, and anyone who represents others to fight a traffic ticket, through the Law Society Act brought about by Bill 14.
They did this partly because of the misleading advertising that you were talking about. Now no one can offer this type of guarantee.
You are very correct. It is a always a good idea to try to fight your traffic ticket. Selecting option 1 or 2 usually makes you plead guilty.
Best way is to always seek disclosure first, then go to first attendance meeting with prosecture and see from there what your options are.
Most prosectors can cut you a deal and you can accept there and then or you can stick with your trial date and fight your traffic ticket.
It is not recommended that you fight some tickets on your own, and a plea might be a better way out.
A good forum for more information regarding the OHTA can be found here: http://www.ontariohighwaytrafficact.com
If a traffic ticket has to be contested option 3 (a trial option) is the best way to go about. Pleading guilty to the traffic ticket allegation will never help your case unless you have prepared and know that there is no way out.