5 Steps to Fight a Traffic ticket
How do I Fight a Traffic Ticket.
When representing our clients we normally follow this simple five step process when defending you against a traffic ticket. From reviewing your ticket to attending trial we walk you through the legal process.
Our experienced team of paralegals offer a free consultation and can review your ticket and provide you best course of action and costs associated in defending you.
Step 1: Review the Ticket
- To review the traffic ticket as a charging document (formally known as an Offence Notice or for the more serious charges a Summons); and
- To determine whether the traffic ticket contains any substantial mistakes as ‘fatal flaws’ that could get the ticket thrown out.
Step Two - Assess Your Situation
- To review the nature of the charge as within either the minor, major, or serious, category;
- To review your driving record history including demerit point status and insurance rating concerns;
- To discuss with you the applicable fines and victim surcharge costs that will be applicable if you are convicted of the charge;
- To discuss with you the applicable demerit points, if any, and likely affects, if any, that will be registered against you if convicted;
- To discuss with you the potential concerns involving insurance rating, if any, that may occur if you are convicted;
- To discuss with you the various options in which to proceed including the potential upside and downside concerns; and
- To explain what happens next.
Step Three - Review the Case
- To order and obtain disclosure from the Prosecutor;
- To request additional disclosures from the Prosecutor, if necessary;
- To review the evidence that will be used against you by the Prosecutor;
- To review the relevant laws applicable to the legal issues involved with the type of charge against you;
- To evaluate the strength of the case against your including potential holes that may be poked in the evidence;
- To discuss with you any changes in opinion regarding your various options in which to proceed;
- To provide advice as to what options appear in your best interests.
Step Four - Provide Pre-Trial Advocacy
- To make contact with, and to review the position of, the Prosecutor;
- To attend the Early Resolution Meeting to further review the position of the Prosecutor;
- To review your options regarding the upside and downside of any plea deal offered by the Prosecutor;
- To provide your with information and advice to assist you in considering your plea deal options, if any;
- To assist you in accepting the plea deal if you choose to do so (unless prohibited by law);
- To prepare and file the paperwork required for any pre-trial hearings, if necessary, such as when seeking a court order for further disclosure documents;
- To attend and act on your behalf at any pre-trial hearings;
- To discuss with you any further changes in opinion regarding your various options in which to proceed; and
- To provide updated advice as to what options appear in your best interests.
Step Five - Provide Trial Advocacy
- To attend the trial hearing with you;
- To cross-examine, meaning question, the witnesses called by the Prosecutor;
- To challenge, where relevant and appropriate and necessary, the validity of, and the facts within, the evidence documents and witness information;
- To examine, meaning question, your witnesses, if any, and present evidence documents via your witnesses, if any;
- To act resolutely, without fear, in your best interest in the effort to poke holes in the case put forth by the Prosecutor;
- To argue on your behalf the relevant legal principles as applicable to the facts and law of the case;
- To make every legal effort to create reasonable doubt in the case of the Prosecutor;
- To assist you with argument regarding sentencing, if required; and
- To remain at your side to support you through every part of the process.