You are driving when the lights flash behind you.
You pull over, cooperate with the law enforcement officer and receive a notice of an upcoming hearing.
- How can I dispute the allegation?
- Do I have to go?
- Are there other options available?
The answer is … contact us. Let us help you understand what happened and what your options are. At Mark Hilford Law Office, you will have a LAWYER manage your traffic case. We fight traffic tickets and work hard to keep points off your license and keep your insurance rates low. Whether you have been issued a ticket for speeding, stunt driving, no insurance, drive under suspension or any other infraction, you can rest assured Mark Hilford Law Office will fully investigate the case and give you the personalized attention you deserve. Our office also assists clients in getting back your suspended drivers license. Schedule your free, no-obligation consultation today.
So you have been issued a traffic ticket. Now what? You feel helpless, scared, feel like your life is over, worried about the consequences or claim you are innocent and did nothing wrong. These are all regular feelings at this time.
Sometimes the police will contact you prior to arresting you and claim they just want to talk to you. It would be wise at this point to consult a traffic ticket lawyer prior to speaking to the police. The police often intend to trick you and gather evidence against you. DO NOT SPEAK TO THE POLICE. It will not help you.
The most two common types of tickets are Part 1 Municipal and Part 3 Provincial traffic tickets. The difference is if there is a fine at the bottom of the ticket, that is generally a part 1 ticket. If there is a court date on the tickets, that is generally a part 3 ticket. Part 3 tickets are more serious and have higher penalties including license suspensions and jail.
Let’s start with Part 1 tickets. This can include offenses such as Careless Driving, moving infractions such as running a red light, speeding offenses, etc. Once you receive a ticket, you should contact a lawyer immediately. The ticket must be filed within 15 days and I generally file for a trial date. Part 1 tickets can be very serious. A conviction for Careless Driving will often result in you being kicked off your insurance and pay extremely high rates for many years, possibly lose your license and acquire 6 demerit points.
Part 3 tickets are a little different and often referred to as a summons. They contain a court date on the bottom. Once you receive a summons, you should contact a lawyer immediately. We attend court on behalf of our clients and will often attend many times before the case is withdrawn, resolved or set down for trial.
Whether it’s a Part 1 or Part 3, having a competent lawyer is important. We will request disclosure and get all the evidence the prosecution or crown has against you. They often don’t provide everything so we have a list of over 30 items that we request. If all disclosure is not provided within a reasonable time, we can push to have the charge dropped.
Similar to criminal cases, we talk to the prosecutor or crown and try to negotiate the best deal possible to get the client out of trouble and will present all offers to the client. The client is free to take the deal or we can proceed to trial.
A Trial is similar to what you see on TV. Rules of evidence must be followed, witnesses are often summoned and having a competent lawyer to question and conduct cross examination is essential to convincing a judge of your position and winning your case. A Trial can last a few hours upto a few days. After all the witnesses are questioned, the lawyer’s can give closing submissions which may include case law to get the judge on your side.
The public often asks, what if the officer doesn’t show up? In a recent case in York Region, a person was convicted even without the officer showing up. I think this is likely to be overturned on appeal but officers generally show up over 95% of the time. They are paid to show up and they do. I would not bank on that as a strategy to try to win your case.
Traffic cases have serious consequences. For example, the new stunt driving provisions can lead to you losing your license for 1-3 years, acquiring huge fines and very high insurance once you do get your license back. Convictions for drive under suspension can lead to a jail sentence and a driving suspension. A first time no insurance charge can lead to a fine of $6250 all in. These are only a few examples. Driving is considered a luxury and not a right even though people rely on it for work, travel and to function in our society. The last thing you want is years of increased insurance rates or worse.