What Can Be Done When Innocent But Charged With a Major Traffic Ticket?
Traffic Tickets Categorized As Major Driving Offences Warrant Review By a Qualified Professional Whereas Significant Penalties May Result Upon a Conviction. Putting Forth a Strong Defence May Protect the Driver Charged From Incurring Significant Fines, Insurance Rate Increases, and Possibly a License Suspension.
A Helpful Guide to Understanding How to, and Why to, Fight Major Traffic Ticket Charges
Major charges individually, or in combination with minor charges or another major charge, may result in significantly increased insurance rates, and when in a combination with other charges, or past convictions, a possible licence suspension for accumulation of too many demerit points as well as significant fines. Accordingly, a careful, professional, review of the various consequence scenarios as well as the facts and law applicable to a major charge is well deserved.
Fighting the Charges
Upon conviction for a major traffic offence, a driver is subjected to signficant fines and surcharges as well as the likelihood of signficantly increased insurance rates for the next three years. Depending on the prior conviction history for the driver, there is also a potential for a license suspension, among other things.
The affects of a major driving offence can be significantly further aggravated:
- When a driver was convicted within the past three years on another charge;
- When a driver is on the cusp for having accumulated too many demerit points this latest major charge now puts the driver at risk of a licence suspension, among other penalties; and
- When a driver is required to maintain a 'clear' record as a condition of employment.
A major charge presents signficant penalties by way of a large fine plus victim surcharge as well as demerit points and harsh affects upon insurance rates; and accordingly, a strong defence is deserved. As a single charge, or when in combination with other charges, to begin fighting traffic tickets, the process involves:
The administrative court filing of a 'not guilty' plea on your behalf.
The development of case preparations including:
- The ordering and obtaining of disclosure including all relevant documents such as, among other things, the notes of the charging officer;
- The review of the evidence disclosure documents;
- The request for additional disclosure, if necessary; and
- The 'best likelihood for success' strategy planning
The necessary court advocacy including;
- The representation at the early resolution meeting;
- The attendance at all motion hearings, if any;
- The questioning of witnesses at trial;
- The presenting of legal submissions; and
- The acting in your best interests so to achieve the most favourable outcome possible.
After your case is finished a written report summarizing your case will be provided to you.
Traffic tickets of the major charges type pose serious consequences involving substantial fines plus victim surcharges as well as demerit points that may be 'the straw that breaks the camels back' resulting in a license suspension. Additionally, a major charge may result in substantially increased insurance rates including the potential for loss of access to standard insurance market and substitute placement into the highly priced 'Facility Association'.
Accordingly, when charged with a major traffic ticket offence, hiring a professional who knows how to question witnesses, especially which questions to ask and which questions to avoid, and who knows the law, knows the paperwork processes and courtroom procedures, and knows how to make judicially persuasive arguments on the applicable legal principles, is highly important. For representation that puts your best interests first, contact DK Legal Practice today!
DK Legal Practice provides affordable legal services for clients located in Oakville, Milton, Waterdown, Streetsville, Hamilton, among other places!
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