Archive for the ‘Court’ Category

Can an outsider represent me in court ?

Wednesday, April 21st, 2010

When we get caught by the police far from our home town, the contesting can be more complicated… For example, I once got a ticket in Toronto while I live in the Montreal area… Since it was a least then a 100$ ticket, the decision of paying was easy… but can we ask somebody else to do the job for us ? Can an outsider represent me in court ?

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Hello,

I got a ticket for excessive speeding and I doubt that it was justified, but the weird thing is that the officer didn’t fill out the line where the speed I was driving, the speed limit and how he registered my “excess” should have been filled in. I would like to know if I should contest this kind of ticket and if an outsider (relative or friend) can represent me since the city where I got caught is a 3hours drive from my home town.

Thank you

Maxime

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My answer : (more…)

Contest a ticket not signed by the City of Montreal

Thursday, April 15th, 2010

This news made the front lines for a few weeks with a strong interest from all lot of people… We can understand! So, yes or no can we contest a ticket not signed by the City of Montreal ?

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Hello,

I heard on the news that I could contest a ticket not signed by the City of Montreal. Is it true ?

If I contest, do I have a chance at winning my case ?

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Unfortunately, for the moment, the conclusion is not known… Indeed, lawyer Marie-Hélène Lamoureux is in process of debating it in front of the Superior Courthouse !
Let just say that she really knows the case well since she help to write the road of safety code !

Since the judge of the Montreal Courthouse decided that the tickets are even so still legal, for the moment, if you contest with that element in mind, you don’t stand a chance. However, maybe there will be a collective appeal eventually… Keep your papers in case…

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Collective appeal for motorcycle winter tires ticket

Thursday, April 8th, 2010

A lot of people got a ticket last year because of their winter tires on their motorcycle…

Many motorcycle drivers wrote to ask me if their was any way to contest those tickets and if their was a collective appeal for motorcycle winter tires ticket…

In Montreal only, their where 289 arrests in 2009 about the absence of winter tires… And some of those violators where of course motorcyclists…

Motorcyclists really need to be patient since there are no winter tires built for motorcycles…

People take the risk and when they get caught, they don’t have any other option then paying the ticket… that goes from 200 to 300$… That is quit expressive for a ride… but when you take the call… ;-)

However, this situation could change… Not that tires will be created… but because a lawyer called Jean-Pierre “Whels” (I am not sure of his last name) is actually contesting one of those tickets.

The cause will be heard in the local court of Longueil on March 9th …

It is very plausible that if he wins or lose, the cause will be appealed…

And if he wins, maybe there will be a collective appeal…

Be patient !

Can the judge give me a more severe sentence ?

Saturday, April 3rd, 2010

Bruce question is one that comes on often… Can the judge give me a more severe sentence ?

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Hello,

I contest the tickets I get. Indeed, I’ve committed infraction more severe then what am accused for (stupid, I know). If the procurer, by any mean, can demolish my defence and dress a more credible portrait of what really happened, can the judge give me a more severe sentence then what I was given at first ?

Well, can I expose myself to more severe sentences ?

Thank you
Bruce

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My answer : (more…)

Tickets… can we appeal ?

Friday, March 26th, 2010

When we contest a ticket and we lose in court… is it possible to avoid paying the ticket and appeal ?
Julie’s story…

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Hello,
I would like to have information. I contest a ticket and went to court yesterday Friday November 27th 2009. I was really well prepared (photos to prove it). After my explanation and my arguments, the prosecution lawyer says that she doesn’t have any questions and follows by saying that the arguments and the proof are convincing. I also say the court clerk write an acquittal verdict and she winked at me. The judge however decided otherwise and says that I didn’t make my obligatory stop in a 20 feet zone following a certain case law. That is false considering my stopping distance. Furthermore, she didn’t take note that on the report, the police officer said that the car was blue and not grey like mine, like I shoed on the photo. I taught that the prosecution couldn’t prove out of any doubts that I was guilty. Can I appeal this decision and if I can, is it worth it ?

Thank you for your comments.
Julie

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My opinion : (more…)

Delay of the hearing date

Sunday, September 6th, 2009

When we get a ticket, we have a 30 days delay to send are not guilty plead or to pay the ticket (you refer to what is written on the ticket). But, once the pleading is sent… what are the delays before getting news from the city ?

Louise B’s question.
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Hello, I only want to know if, from the moment I sent my not guilty plead, the authorities have a delay to respect before sending me my hearing date at the courthouse.

Thank you very much !

Louise B.
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