Should I Fight a Minor Traffic Ticket?
For a Driver With a Clean Record a Single Minor Ticket Is Likely of Little Concern. However, If a Driver Has Prior Convictions, Where One More, Even Minor, Traffic Ticket May Result In License Suspension or Higher Insurance Rates, Among Other Things, Fighting a Minor Charge May Be Prudent.
A Helpful Guide to Understanding How and Why to Fight Minor Traffic Ticket Charges
Individually, minor charges pose a relatively minor fine and little risk to a potential for significantly increased insurance rates or concern for a possible licence suspension for accumulating of too many demerit points. Accordingly, in most circumstances, drivers charged with a minor offence will forgo the trouble and effort to fight a minor charge; however, there are some circumstances where a strong defence to a minor charge is prudent and warranted.
Fighting the Charges
The circumstances, among others, that may warrant aggressively fighting minor charges include:
- When a driver was convicted within the past three years for other minor, major, or serious, charges and another conviction, even for just a minor infraction, will result in significantly adverse affects;
- When a driver was charged within the past two years for other charges and the accumulation of demerit points now puts the driver at risk of a licence suspension, among other significant penalties; and
- When a driver is required to maintain a 'clear' record as a condition of employment.
Although relatively minimal affects, generally, result upon conviction for a minor traffic ticket charge, a multitude of minor charges, or a single minor charge that will be combined with prior convictions, may result in significant adversity making a strongly mounted defence worthy in the effort to fight a minor charge. As when fighting all 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 minor charges type may still pose significant risk to a driver with potentially serious consequences whereas a minor charge in combination with prior convictions becomes 'the straw that breaks the camels back' resulting in substantially increased insurance rates including possible loss of standard insurance market and placement into the 'Facility Association', potential license suspension for accumulating too many demerit points, among other things. Accordingly, even for a minor charge, hiring a professional who knows how to question witnesses, including which questions to ask and which questions to avoid, and who knows the law and is ready to make persuasive arguments on the applicable legal principles, is highly important. For representation that puts your best interests first, contact DK Legal Practice today!
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