Guide To Fighting A Ticket In Court

Navigating the complexities of defending a traffic ticket can be daunting. Understanding the ramifications such as impacts on your insurance rates, your driving record, and potential court proceedings, is crucial.

As you decide your course of action, it’s important to consider seeking legal advice from a qualified paralegal. Knowing your charges, possible options, and what to expect at each stage from before the trial to appeals, can significantly affect your case outcome. Whether you are preparing for a trial or an early resolution meeting, these steps will guide you through the process efficiently.

Think about possible legal representation

Obtaining legal advice can sometimes be the major difference between guilt and dismissal in your case when facing a traffic ticket. It’s recommended to consult with a lawyer or a paralegal to understand your legal options and any penalties you might face. Consider the charge, the case’s complexity, your grasp of the legal system, and the risk of fines, jail time, or other significant penalties. Free consultations are often available from legal services like OTD Legal or other experts, offering initial guidance without cost. Getting professional help can reduce the stress and potential impact of representing yourself.

Your Options

Steps to Challenge a Traffic Ticket

When you receive a ticket or summons, it outlines the offence you are charged with. Your options depend on the type of violation and the kind of ticket you receive. Here’s what you should know:

Traffic Tickets

If you receive a traffic ticket like a speeding ticket, there are two types of forms you might get, each with different options:

Type 1 Ticket (Form 3)

1. Plead Guilty by Paying the Fine: You can choose to plead guilty by paying the total amount stated on your ticket. This option means you accept the charges and penalties, including any demerit points. This is never a recommended option.

2. Plead Guilty with a Submission: Go to the court office listed on your ticket and plead guilty. You can also make submissions about the penalty, such as requesting a reduced fine or more time to pay. It’s important to mention here that this option is still pleading guilty, you will receive suspension and demerit penalties as usual, increased insurance rates, etc. – the only penalty you can negotiate here is the fine amount.

3. Request a Trial Date: Ask for a trial date by following the instructions on the back of your ticket. This option allows you to challenge your ticket in court.

Type 2 Ticket (Form 4)

1. Plead Guilty by Paying the Fine: Similar to Form 3, you can plead guilty by paying the total amount on the ticket. This again, is never recommended.

2. Request a Meeting with the Prosecutor: Indicate that you want to meet with a prosecutor by checking a box on the ticket. You will receive a notice with the meeting details. This meeting can lead to various outcomes, such as having the charge dropped or agreeing to plead guilty to a lesser offence. If you select this option, you do not give up your right to a trial. If your matter is not resolved, it may still proceed to trial.

3. Request a Trial Date: Just like Form 3, you can ask for a trial date to contest the charge in court.

Summons

A summons requires you or someone on your behalf (ie. Paralegal) to appear in court at the specified date and time:

1. Attend Court: You must appear in court as stated on the summons. If you fail to appear at your first court date, your matter will be set for trial or a future appearance date.

2. Non-Trial Date Appearance: If the date is not for a trial, a trial date might be set without notifying you.

3. Fail to Appear:. If your matter is set for a trial date and if you miss your trial, a warrant may be issued for your arrest, or your trial may proceed without you, leading to possible conviction and sentencing, including possible jail time.

Additional Considerations

• Victim Surcharge and Court Costs: If convicted of a traffic offence, you will also need to pay additional charges like a victim surcharge and court costs.

• Impact on Employment: Traffic tickets can affect your employment, especially jobs requiring a clean driving record.

• Meeting with a Prosecutor: For both types of tickets, you might be able to discuss your case with a prosecutor by contacting the court office listed on your ticket.

• License Suspension and Demerit Points: Certain offences may lead to license suspensions and accumulation of demerit points, affecting your driving privileges.

Keep track of all dates, and make sure to take action within the deadlines to avoid further penalties. Always read your entire ticket or summons for specific instructions related to your case.

Before the Trial Date

Accessibility Accommodation

If you or any of your witnesses need help with accessibility, contact the court office listed on your ticket or summons. They can provide information about the courthouse’s accessibility features. It’s important to reach out early to ensure that everything is in order ahead of time.

Meeting with the Prosecutor

In some POA courts, you may have the opportunity to meet with the prosecutor before the trial date. This meeting can be used to discuss a possible resolution of the charge. By engaging in this conversation, you are not giving up your right to a trial. You can contact the court office listed on your ticket to find out if this option is available for your case.

Receiving Disclosure

You are entitled to all relevant information that the prosecutor possesses regarding your charge. This information, called “disclosure,” may include notes from the investigating officer, witness statements, diagrams, videos, and photographs. You must request this information as soon as possible, and it may require a written request. Reach out to the court office on your ticket or summons to learn how to obtain your disclosure materials.

Interpreter Services

If you or a witness needs an interpreter for the court date, notify the court office immediately. Interpreter services are provided free of charge to ensure clear communication during the hearing.

Requesting French or Bilingual Proceedings

If you speak French, you have the right to a bilingual proceeding for provincial offences, or a French trial for federal offences. Inform the court office on your ticket or summons as soon as possible if you wish to have the proceedings in French or bilingual.

Summons to Witness

A Summons to Witness, or subpoena, is a court order that requires a witness to attend the court in person. If there are witnesses who you need to testify on your behalf, contact the court office well in advance to find out how to apply for a Summons to Witness. Remember, the prosecutor is not obligated to call witnesses for your defence.

Advising about Charter Breaches

If you believe that any of your rights under the Charter of Rights and Freedoms have been violated, you can argue this in court. Such breaches might include not being tried within a reasonable time. To raise this issue, you must send a written notice at least 15 days before your trial date to both the Attorney General of Canada and the Attorney General of Ontario. You’ll also need to provide a copy to the court office and the prosecutor. At trial, you will need proof that you provided this notice.

Here are the contacts for these offices:

The Attorney General of Ontario
Constitutional Law Branch
4th floor, 720 Bay Street
Toronto, Ontario M5G 2K1
Fax: (416) 326-4015

The Attorney General of Canada
120 Adelaide Street West
Suite 400
Toronto, Ontario M5H 1T1

Or

Justice Building
284 Wellington Street
Ottawa, Ontario K1A 0H8

What Should I Do if I Can’t Attend Court on a Scheduled Date?

If you can’t make it to court on your scheduled date, you must take action immediately. Here’s what to do:

1. Contact the Court Office: Look at your ticket or summons for contact details. Reach out to ask if you can reschedule the date.
2. Send Someone on Your Behalf: If unable to attend yourself, send someone else to the court to request a new date from the justice of the peace.
3. Explain the Reason: Clearly state why you can’t attend.
4. Understand the Risks: If it’s a trial date and the justice of the peace does not reschedule, the trial might proceed in your absence, and you could be found guilty.

Avoiding a missed court date can prevent further complications or a possible warrant for your arrest.

What should I do if I decide I want to plead guilty after my trial date is set?

If you decide to plead guilty after your trial date has been set, it’s important to notify the court office listed on your ticket or summons quickly. You have the right to change your plea to guilty at any time, even if a trial has been scheduled. By doing this ahead of time, you allow the court and the Crown Attorney’s Office to adjust accordingly. You may also plead guilty on your trial date.

If your ticket includes a fine, you can opt to pay the total amount before your trial date. This payment will result in a conviction, making a court appearance unnecessary.

When you appear in court to plead guilty, a justice of the peace will need to ensure that:

• Your guilty plea is made voluntarily.
• You understand that your plea is an admission of the offence.
• You are aware of the consequences of your plea.
• You understand that any deals or agreements you made with the prosecutor are not binding on the justice of the peace.

If the justice of the peace finds that you don’t meet these criteria, your guilty plea may not be accepted. If this happens, your trial may proceed as planned, or you may need to come back to court on a different day.

Trial Overview

During your trial, the court aims to determine if you are guilty of the charged offence. The justice or justice of the peace will preside over the case. The trial follows strict procedures set out by the Provincial Offences Act. Your right to a fair trial is protected under the Charter of Rights and Freedoms.

Presumption of Innocence and Burden of Proof

You are presumed innocent until proven guilty. The prosecutor must provide evidence that convinces the justice beyond a reasonable doubt of your guilt. This standard is higher than in civil cases, where proof is based on the balance of probabilities. Each element of the offence must be proven beyond a reasonable doubt.

Types of Offences

1. Absolute Liability: The prosecutor must show you committed the act. Intent is not considered, and you will be found guilty if the act is proven beyond a reasonable doubt. 
2. Strict Liability: Similar to absolute liability, but you can defend yourself by proving you took all reasonable steps to avoid the act or believed in a mistaken set of facts. Most provincial offences fall into this category.
3. Mens Rea Offences: The prosecutor must prove both the act and a guilty mind, such as intent or knowledge. These offences often include terms like “wilfully,” “knowingly,” or “intentionally.” They are more common in criminal cases but do exist in some provincial offences.

Evidence Presentation

Evidence can be introduced through witness testimony or documents such as photographs. Documents may need to be certified. Sometimes, certified documents can replace witness testimony, including reports by investigating officers like police.

Witnesses

Witnesses play a crucial role. They provide firsthand accounts relevant to the case. Both the prosecutor and the defence can call witnesses to testify in support of their arguments.

Cross-Examination

After a witness testifies, the opposing side has the right to cross-examine the witness. This process tests the reliability and truthfulness of the testimony. If the prosecutor calls a witness, you or your representative can question that witness.

Common Defences

Defendants may raise several types of defences depending on the charge:

• Mistake of Fact: Believing in a set of facts that, if true, would make the act innocent.
• Due Diligence: Demonstrating that you took all reasonable steps to avoid committing the offence.

Outcome

If the justice or justice of the peace finds you guilty, penalties may include fines, points on your driving record, or other legal penalties. If found not guilty, the charges are dismissed. The decision can be appealed if you believe there was a legal error in the trial.

Courtroom Etiquette

Respect and formal behaviour are expected in court. You should address the justice or justice of the peace as “Your Worship” or “Your Honour,” and follow the rules of the courtroom.

Key Points to Remember

• You are presumed innocent until proven guilty.
• The burden of proof lies with the prosecutor.
• Different types of offences have different proof requirements.
• Both sides can present and challenge evidence.
• Court procedures are governed by the Provincial Offences Act.

This overview should help you grasp the essentials of a court trial for provincial offences. Stay informed and consult legal resources or professionals when needed.

What to Expect on the Day of Your Trial

Be punctual. Your trial may not start immediately, as several cases are typically scheduled at the same time. Ensure you and your witnesses arrive on time and be prepared to wait if other cases run before yours.

What to Bring

• A pen and paper: Take notes during the trial.
• Documents and photographs: Bring the originals and two copies.
• Disclosure materials: Carry what you have received from the prosecutor.
• Electronic evidence: Print copies of photos or videos you intend to use.
• Summons to Witness (subpoena): Bring copies you have served.

Courtroom Roles

Justice of the Peace

The justice of the peace is neutral and will decide if you are guilty or not. Call them “Your Worship,” “Sir,” or “Madam.” They ensure a fair trial but won’t provide legal advice.

Prosecutor

The prosecutor, or “the Crown,” aims to prove you committed the offence. They have the authority to prosecute.

Court Clerk

The court clerk assists by reading charges, asking for your plea, swearing in witnesses, and handling exhibits.

Court Reporter or Monitor

This person records the trial or oversees the equipment that does.

Witness Statements and Notes

Have your witnesses ready with their statements. Take notes as the trial progresses.

Disclosure

Review the disclosure materials provided by the prosecutor. This information is crucial for your defence.

Using Visual Aids

If using maps, traffic conditions, or diagrams, make sure they are clearly labelled and relevant to your case. Visual aids can help clarify your arguments.

Interpreter

If you or a witness need an interpreter, inform the court in advance to ensure one is available on the trial day.

Remember, being orderly and prepared will help you present your case effectively. Familiarize yourself with courtroom procedures to stay confident during the trial.

Order of Trial

Advising the Justice of the Peace

At the start of your trial, you should inform the justice of the peace if there are any issues that might prevent the trial from proceeding. These issues can include problems with the ticket or summons, breaches of your Charter rights, or logistical difficulties like a witness being unable to attend.

Arraignment

The trial begins with an arraignment. During this time, you will confirm your name, listen to the charges read out against you, and plead either guilty or not guilty.

Plea

You have two options when asked to plead: guilty or not guilty. A guilty plea might result in a discussion about the circumstances of the offence and your ability to pay a fine. A not guilty plea moves the trial forward.

Excluding Witnesses

You or the prosecutor can request that witnesses stay outside the courtroom until they are called to testify. This helps ensure that witnesses do not alter their testimony based on what they hear from others.

Case for the Prosecution

1. Examination-in-Chief: The prosecutor starts by calling witnesses to support their case. They ask open questions to gather information without suggesting specific answers. For instance, “What colour was the car?” is acceptable, but “Was the car red?” is not.

2. Cross-Examination: After the prosecutor finishes questioning a witness, you have the right to cross-examine them. Your questions can challenge the reliability, accuracy, or truthfulness of their statements. Here, you can ask leading questions like, “Was the car red?”

3. Re-Examination: Following your cross-examination, the prosecutor may re-examine the witness on new points that arose during your questioning.

4. Notes of Investigating Officers and Other Witnesses: Prosecutors may allow witnesses, including police officers, to use their notes to refresh their memory. You are entitled to view these notes and may question the witnesses about them.

5. Statements to Authorities: Sometimes, the prosecutor may present statements you allegedly made to an officer or authority figure. For this to be admissible, it must be proven that you made the statement voluntarily.

6. Hearsay: Generally, second-hand information is not permitted as evidence. Witnesses should discuss only what they personally know. There are exceptions, such as cases where the prosecutor asks about statements you made.

Closing the Prosecutor’s Case

Once the prosecutor finishes presenting evidence, they will close their case. You then have several options:

1. Motion to Dismiss: You can request the justice of the peace to dismiss some or all charges if there’s insufficient evidence for essential elements of the offence.

2. No Defence Evidence: You can choose not to present any evidence or testify. In this case, the justice of the peace will make a decision based only on the prosecution’s evidence.

3. Defence Evidence: You may decide to call witnesses and present evidence such as documents or photographs to support your case.

Presenting Your Defence

If you decide to present a defence, you can call witnesses and introduce evidence like photographs or documents. The examination-in-chief, cross-examination, and re-examination processes described above apply to your witnesses as well. Decisions to testify or call witnesses are voluntary, and you have the right to remain silent if you choose.

Appeals

You can appeal any provincial offence conviction, sentence, or both, within the legally set time limit. The Provincial Offences Act and the accompanying regulations specify the rules and deadlines for filing an appeal. These documents are available online for your reference. Make sure to complete all required forms accurately and submit them on time for your appeal to be considered.

Re-opening a Proceeding

If you are convicted of a ticket without a hearing, you can apply to have your conviction struck out and arrange a new trial. A justice of the peace can remove your conviction if your sworn affidavit shows you missed the hearing or a meeting with the prosecutor through no fault of your own. Reasons might include not receiving a notice or document about the offence. You must file this application within fifteen days of learning of the conviction. To apply, contact the court office listed on the back of your ticket for guidance on the process.

Deadline: Within 15 days
Contact: Court office on your ticket

Hire OTD Legal to Fight Your Traffic Tickets

Choosing OTD Legal to challenge your traffic tickets offers several benefits. As a trusted and established firm, we boast thousands of positive reviews and a strong record of success. 

OTD Legal is one of the largest and most effective traffic ticket defence firms in Ontario. Our history of winning cases shows our expertise in legal arguments and trial strategies. 

By hiring OTD Legal:

• You receive guidance from some of the most seasoned traffic ticket paralegals.
• You benefit from their extensive experience in challenging traffic tickets.
• Your case is managed by professionals who are committed to achieving the best possible outcome.
• You receive an initial free, no obligation consultation to understand your legal options.

FAQs