The unfortunate has happened, and you have just been given a speeding ticket or a ticket for another offence, what are your rights, and what should you do next?
The Initial Encounter: Handling a Police Stop
It is always important if you are being pulled over by the police to remain calm and courteous.
You may not have done anything wrong, but how you handle the following minutes may determine IF you receive a ticket and what kind of ticket that may be. It is always recommended to be polite to the officer you are dealing with but not to offer any additional information beyond what you are required to give.
Legally you are only required to provide a valid driver’s license, proof of insurance, and registration for the vehicle.
If you provide additional information to questions, that information may be used against you as evidence.
In the event you have received a ticket, depending on the type of ticket you received, you have different options.
Understanding the Types of Offences and Their Consequences
The more serious type of offence is known as a Summons.
In this, your options will be limited as you will have received a court date, and you will be required to appear in court on the date/time indicated on the summons.
If you do not, there are consequences ranging from being convicted of the offence to a warrant being issued for your arrest.
You can avoid attending personally by attending at one of the many X-Copper Law Firm offices and hiring one of our lawyers or paralegals to represent your interests.
If you receive a regular ticket, there will be a fine quantum on the bottom, and your options are on the reverse side of the ticket. They include:
- Paying the ticket;
- Filing the ticket for a resolution meeting;
- Filing the ticket for a trial;
If you simply do nothing with the ticket in the allotted time, which is 15 days, you will be deemed to not dispute the charges, and you will receive notification from the MTO of your conviction and fine amount.
Exploring Resolution Options and Trial Proceedings
If you set the matter for a resolution meeting, you need to understand you are entering into a meeting with a Prosecutor at a disadvantage.
The Prosecutor already knows you are hoping to plead guilty to the offence but are looking for a more advantageous position.
You may be in a more advantageous position simply to file the ticket for a trial and attempt to speak with the Prosecutor in advance of the trial.
The last option after receiving a ticket is simply to file the ticket for trial. When you do this, you will receive a court date for trial.
There is nothing stopping you from attempting to negotiate a resolution in advance. You should always request disclosure from the Prosecutor’s office.
Disclosure is the anticipated evidence the Prosecutor will use to try to convict you of the offence, such as police notes, witness statements, and audio/video recordings.
Conclusion
The lawyers and paralegals of X-Copper Law Firm are very experienced in defending all criminal and traffic tickets.
If you receive a ticket, it is very important you speak with one of our lawyers or paralegals as soon as possible.
There are strict time frames which need to be adhered to which can impact the outcome of the charge(s).
