Traffic Court What To Expect

[wheats]

Going to be heading to traffic court soon for a car crash that i got into. Just wondering is it going to be a real court environment where you suppose to call up witnesses and show evidence or do you just explain your story on how everything went down and the crown attorney explains the cops written description and its up to the judge to hand down a desicion?? oh who shows up to these things the person i hit, witnesses that the officer tracked down and the officer himself...

Thanks

 

[scrooge]

You should treat it like any other court case, though the TC judge may not even be a lawyer.

The answer depends on the case. Are you charged under the Highway Traffic Act or is this a tort case. I suppose your case sounds like dangerous driving or driving too fast given the road condition, or something alike. In that case, the TC judge has an inherent bias towards ruling you guilty.

Try one of the traffic court fighting places like Pointts.

 

[The Daulfin]

I suppose your case sounds like dangerous driving or driving too fast given the road condition, or something alike. In that case, the TC judge has an inherent bias towards ruling you guilty.

This is very true. In my experience, your best tactic (if getting out of it is really important for you as it was for me at the time) is to make sure to raise an ambiguity in the testimony that will result in an appeal after the "judge" rules against you. The appeals judge will be more apt to actually listen and give you a fair shake....the day I was there he was striking down speeding convictions left and right because of officers not doing proper inspections on their machines, not writing reports properly, etc. It was kinda funny and not a single officer seemd to show up for the appeals (probably because they know they no longer have the bias in their favour).

 

[elmufdvr]

ask for a drink of water take a drink from the judge's water jug and then spit it out.saying "it's vodka man"...worked for cheeh and chong......

 

[syn]

Is it a trial date or a 'remand date'?

Syn

 

[wheats]

Its a trial date....

So its okay to add in a few things or even change the statement that I told the police?? even though the cop has witnesses that backs up his story and will the witnesses be there?? Could you strike a deal with the crown for a lower charge or when they convict you do they lower the fine or something like that??

 

[hunter001]

Depending on what it is worth to you consider calling X-copper or the like and get information from them. It might help you get prepared.

Google X-copper it gives you a bunch of sites that offer "free" consultation.

 

[David450]

Be prepared

If you have the time you should attend a traffic court in session to observe what happens.
In addition the advise you received about retaining somebody like Points is an excellent idea. Your post does not indicate the charge but can have an affect on insurance rated and the ability to continue to have a valid license if the charge is serious enough.
GO TO COURT PREPARED AND AWARE! GOOD LUCK.

 

[thompo69]

Its a trial date....

So its okay to add in a few things or even change the statement that I told the police?? even though the cop has witnesses that backs up his story and will the witnesses be there?? Could you strike a deal with the crown for a lower charge or when they convict you do they lower the fine or something like that??

Are you asking if it's okay if you lie under oath? I hope not...but to a certain extent, yes, you can add or change things. Just be prepared to explain why you said something different at the time.

When you get there, you can speak to the prosecutor. Depending on the nature of the offence, they may be willing to entertain a plea bargain (ie. they agree to lower the charge, you agree to plead guilty).

If not, your case will be called, and you'll be summoned up to the front. The charge will be read, and you will be asked for your plea. Assuming you plead not guilty, the prosecutor will call the cop to the stand, establish his credentials, and he will then provide the evidence for the charge. You are then able to cross-examine the cop. Look for inconsistencies or gaps, but don't count on finding many, since he'll be referring to his notes (why you should be ready to explain changes when you testify). If there are any other witnesses, they would then be called, and you would have the chance to cross-examine. After the prosecutor rests, it's your turn. You can call any witnesses you want, including yourself. Anyone who goes up gets cross-examined by the prosecutor.

Both sides would be asked for closing comments, and the judge (more likely a Justice of the Peace in traffic court) rules, and, if you are found guilty, passes sentence.

Bottom line -- yes, this is real court. If you are really concerned about the ramifications of a guilty plea, get a real lawyer (not POINTTS or X-Copper) who has experience dealing with these kinds of cases.

 

[wheats]

dudes thanks so much for your input.....

 

[papasmerf]

Its a trial date....

So its okay to add in a few things or even change the statement that I told the police?? even though the cop has witnesses that backs up his story and will the witnesses be there?? Could you strike a deal with the crown for a lower charge or when they convict you do they lower the fine or something like that??

YOu hit a cop??????????????

 

[dj1470]

I went to "traffic court" once to try to get a reduction in a $335 ticket. Opps, over 50km than posted on the 400 My name was called, I stood up, the judge said why are you here, I said to get a reduction in my fine ma'am because I have very little money, she said OK, and forgave my fine. Yep that is right ALL OF IT!!!! I was completely taken aback. Don't know if I was lucky or what but I skipped out of the courtroom.

 

[Cobster]

where does he say that?

Oh don't worry, that's just Papa seeing/reading (into) things, he's a lil cucu.
Kinda like his admiration of President Bush.
Just gotta accept him the way he is.

 

[burlboy]

When you go to traffic court. The procecution needs the police or the witness to come to court to enter their statements into the record. I assume that's because you have the right to face your accuser. If the cop or the witness don't show up then the charges are dropped. This happens quite often because the police officer may not be available on that particular court date because he has to work in the field that day. This happened to me. The Cop didn't show up so the case got kicked. As mentioned before it may be worthwhile to attend traffic court to see how it operates.

 

[syn]

Make sure the witnesses attend court on the trial date before you agree to enter a plea.

Syn

 

[syn]

Its a trial date....

So its okay to add in a few things or even change the statement that I told the police?? even though the cop has witnesses that backs up his story and will the witnesses be there?? Could you strike a deal with the crown for a lower charge or when they convict you do they lower the fine or something like that??

How long did it take to get a trial date? If it is over 10-12 months from the date of the offence - you can make argument that the case be tossed out because it took too long to get a trial date.

Syn

 

[HRH]

Forget that - the key is to file motions. First, demand a change of venue, since you feel that you will not get a fair trial in that particular jurisdiction. Second, file a motion to dismiss...ohhhh...I shoulda been a lawyer...I'd be the next Jackie Childs

 

[Toronto Passions]

When you go to traffic court. The procecution needs the police or the witness to come to court to enter their statements into the record. I assume that's because you have the right to face your accuser. If the cop or the witness don't show up then the charges are dropped. This happens quite often because the police officer may not be available on that particular court date because he has to work in the field that day. This happened to me. The Cop didn't show up so the case got kicked. As mentioned before it may be worthwhile to attend traffic court to see how it operates.

This is the best advice. It's in everyone's best interest to fight it. I just recently found that out myself. When you fight it, chances are on your side. Even if it's a guilty plea with an explanation things are bound to go your way somehow. It may be a complete drop of charge, or a reduction of fine(s). Even if you miss the court date, you can go and see the JP for a grant on anything from an appeal to an extension to pay.

I just had an extra YEAR to pay a speeding ticket added to my time frame for payment by seeing the JP and giving an explanation. It just better be a good one!

 

[Ref]

Too bad LE doesn't read TERB. They may have been able to provide some useful tips.

 

[Aardvark154]

When you go to traffic court. The procecution needs the police or the witness to come to court to enter their statements into the record. I assume that's because you have the right to face your accuser. If the cop or the witness don't show up then the charges are dropped. This happens quite often because the police officer may not be available on that particular court date because he has to work in the field that day. This happened to me. The Cop didn't show up so the case got kicked. As mentioned before it may be worthwhile to attend traffic court to see how it operates.

Excellent advice. Even if you are "dead bang guilty" just by showing up there is at least the chance that if the constable or any other witness doesn't show up the Judge or J.P. will dismiss the charge.

Forget that - the key is to file motions. First, demand a change of venue, since you feel that you will not get a fair trial in that particular jurisdiction. Second, file a motion to dismiss...ohhhh...I shoulda been a lawyer...I'd be the next Jackie Childs

Judges and J.P.s aren't appointed to the Bench because they're low grade morons. If you start filing frivolous motions you'll be shut down faster than you can say spit. You're trying to get in the Judge/J.P.'s good graces not antagonize them.