Traffic Court Related Posts

Hiring Legal Representation

Hiring a Traffic Lawyer or Traffic Paralegal

If you have received a traffic ticket, chances are you are doing your research on how to try and defend yourself from the charge(s). So what factors should you consider when hiring legal representation?

  1. Do some research

Find out if the legal service provider is qualified & specializes in defending the charge(s) you are facing.

  1. Know who will act for you

Ask to speak directly with the Court Agent who will be acting for you, when you contact the firm you are considering hiring. You need to know who is going to be acting for you in Court! You need to know what their qualifications are and what actual experience they have!

It is always best to insist on speaking directly with the actual person who will be defending your charge(s) in Court.

Keep in mind that some Companies have Sales staff working in their offices who may answer the telephones and will accept you as a Client. But, they have never actually been in Court themselves defending a client. They may not be the person who will stand up and defend you in Court. Their role is administrative only.

  1. Ask Questions

You should understand fully what services the firm will be providing to you and what steps you’re Representative will be undertaking on your behalf, in order to effectively fight your traffic ticket(s) for you.

  1. Reputation

Check Google Reviews. Look for authentic testimonials.

In order to properly gauge the satisfaction level of the customer experience with each legal firm that you speak with. You can also ask your family, co-workers & friends who’ve used the services of a specific Traffic Ticket firm or representative previously. Take the time to check out who you feel will work hard to defend you.

Lighthouse is proud of its reputation.  We value all of the heartfelt Thank You’s & the many positive testimonials we receive.

It can be stressful when you receive a Traffic Ticket. At Lighthouse we prepare thoroughly and always aim to win for you. We continuously strive to improve our services and our Clients customer service experience(s).

  1. Trust your choice

Hiring a legal representative, is like choosing a new family doctor. You should feel comfortable, and trust your legal representative. A licensed lawyer or paralegal owes you a fiduciary duty, so make sure you feel comfortable with the legal firm and the representative you choose.

If you are looking for a Competent, Capable and Confidential personalized service you are invited to Call “Lighthouse Legal Services” at 647-528-5422

  1. Cost 

When hiring a legal service provider, keep in mind that your cost will depend on what type of service you are seeking or need, as the prices will vary.

For instance if you need to hire a representative to handle the filing of a ticket; obtaining disclosure and appearing in court on your behalf, perhaps it’s on a speeding charge, then the cost for that service alone , would be different than the cost to also conduct a Trial.

Running a Trial results in higher costs because the legal services firm you choose (such as Lighthouse) will need to also devote greater resources from start to finish to thoroughly research & vigorously defend your case.

Also some firms may offer Flat fixed fees (one single price). Or they may offer a retainer fee (you pay them for each billable hour). This is where the fee for legal services can ultimately increase beyond your initial down payment (retainer deposit) depending on the amount of work undertaken and the number of hours that the firm works on your behalf.

At Lighthouse we always take the time upfront, to explain to our Clients their options. We also provide clients with a clear explanation as to how much a service will cost them, before our Clients need to make decision.

We value the trust our Clients place in us when they retain our services. You can count on us to always strive to ensure that our Clients get the best value for any fees they pay for us to represent them.

The Lighthouse Legal Services Difference:

Our firm handles all types of Ticket Defences and Appeals. However, we specialize primarily in Careless Driving accident defence. Which is a very serious charge. Brian Morris is expert in representing clients in the Ontario Traffic Courts and has a proven track record in fighting the charge of Careless Driving at Trial

If you are interested in learning more about how “Lighthouse” can help you achieve the very best results possible with any of your Traffic Ticket(s) … Contact us now for a FREE initial consultation.

Case Law

Our system of Justice in Ontario stems from the British common law system of Stare Decisis (Latin for previously decided cases). Not many people enjoy reading case law. But having the right case law to reference in your defence, could prove to be the determining and deciding factor.

Why is case law important?

Previously decided cases can “bind” lower courts to follow their previous decisions. So if you were facing a careless driving charge in Newmarket, Ontario, or in any other Court, you or your representative may want to research case law decisions focused on careless driving.

These previously decided case may or may not help you with your defence. But it’s important to research and review them for similarities.

Plus, there are case law decisions, that cover disclosure, charter right violations, officer’s evidence, hearsay evidence, and the list goes on. So case law can certainly assist with preparing a strong defence, if the case law is properly researched, interpreted and applied.

Having a representative with education in law, or a Paralegal program is an asset, as they will have been taken classes dedicated to legal research.

Can I do my own case law research?

Yes you absolutely can. However, understanding the content and referencing & applying it in Court is a different story.

I have witnessed others trying to present case law but they were at a disadvantage as they lacked the proper legal training. While it is admirable that unrepresented individuals try to do it themselves, their application of case law rarely succeeds, as they will often choose the wrong case law or misinterpret the case law they use when presenting a defence.

While doing some research on your own is fine, consider this, if your plumbing pipes in your kitchen were to burst, would you try and fix the problem yourself?  Or would you hire an experienced and qualified plumber?

When it comes to your driving licence and record, you may be much better served by retaining someone trained and experienced to answer the charges and competently present appropriate and focused defence(s).

Making case law ?

Not all legal representatives ( Paralegals ) will have successfully presented defences for their Clients that led to Case Law, in the Justice’s ruling. Some representatives may be concerned at the risk of creating an adverse case law decision, against future defence arguments.

It is advisable, if you are considering launching an Appeal, against a conviction, that you seriously consider retaining someone who has the prior experience of defending Clients that led to the creation of case law before.

Experience, and a proven track record are two important factors when considering who to retain. In an Appeal setting, if you are thinking of going it alone ( which we do not recommend ) just keep in mind, that you will be arguing before a Judge, who will have had a minimum service of at least 10 years as a lawyer before becoming a Judge. Whether you are appearing before a Justice of the Peace or before a Judge to answer to charges or for an Appeal hearing, you are always better off, if you put forward the best defence you can. That’s where Lighthouse Legal Services can help……

Why Hire You?

Great question!

It’s important to hire someone you can TRUST, and feel comfortable that they have your best interests in mind at all times.

Choosing the right Paralegal, one who is experienced, dedicated and hard-working is a good start.  You may also want to ask around, and retain someone who others have retained previously and can recommend. Personal experiences and recommendations may be the best deciding factor.

There are many individuals and companies to choose from. Lighthouse Legal Services likes to pride itself on exemplary personalised customer service.

Brian Morris is the owner of Lighthouse Legal Services. As a licensed Paralegal, he has successfully defended thousands of Clients. Brian is extremely dedicated and works hard to provide the best defence possible for all of his Clients.

Some of his clients Trial decisions and successful outcomes have led to the Courts creating case law, for Careless Driving.

Brian put forward arguments and evidence that was ultimately relied upon by the Court to define what a “Driver” is in Ontario.  He has also successfully appealed amber light convictions.

If you are wondering who to hire, to help you to Appeal a conviction. Hiring a Paralegal who understands Appeal strategies is an important consideration,

Not knowing or utilizing the correct strategy can make a huge difference. Brian has the proven experience to know what cases to take forward to Appeal, and which cases to turn away.

An equally important consideration to bear in mind, is Brian’s honesty and ethical approach. He only accepts those Clients he genuinely feels he can successfully help.

If after speaking with you, Brian determines that your appeal is in his opinion, frivolous and /or without merit and is unlikely to be successful, he will tell you. And he may determine not to let you hire him.

However, if he considers that you do have sufficient grounds to go forward with an Appeal, he will do all he can to help you succeed.

Brian is always happy to consult with you if you are unsure as to whether or not you have sufficient grounds to proceed.

Contact us at Lighthouse Legal Services

*Initial consultations at Lighthouse Legal Services are always free.

Clean Driving Records

How do you define what qualifies as a Clean driving record?

When first meeting with Clients, many have the impression that having a clean driving record means that they have simply had no convictions in the last 3 years.

But that alone, doesn’t necessarily mean that you have a clean driving record.

It all depends on the circumstances in which you use the term.

When you are purchasing new insurance coverage, or renewing insurance, the common practice is for insurance companies to request a copy of your driving record for the previous 3 years. But, having no Traffic convictions in the past 3 years, does not necessarily mean that you have a clean driving record.

When you are dealing with the Prosecutors, they look at your entire driving history, and driving infractions do remain on your driving record further back than just three years.

So, while for insurance purposes, you may be considered to have a clean driving record for the past 3 years, when it comes to dealing with the Prosecution, any conviction you have obtained will have stayed with your driving record and may have an effect of how your case is handled in Court.

There is also another factor to take into consideration, as some charges, like Driving While Under Suspension can have additional penalties, if you have been convicted of the same offence before.

So what does that mean?

It means that if you were convicted of Driving While Under Suspension previously, and are subsequently charged with the same offence again; you will be placed into a higher penalty bracket than before.

Meaning, you are now facing greater fines, and the Prosecution may seek for a potentially far worse penalty,i.e. a term of imprisonment.

Subsequent offences like Driving Under Suspension, will never leave your record, and if you rack up numerous convictions in your lifetime, don’t be surprised if Crown Prosecutors are seeking a 6 month term of imprisonment.

 

Attending Court

The Do’s and Dont’s of attending Court.

If you plan on attending Court, be prepared to spend the full day at Court, and book sufficient time off of work.

Just remember, that there are no time guarantees in Court.

ON any given day The Court could run out of time so, you may have to come back on a later date.

As result, your Charter Rights may or may not have violated under section 11(B) of the Canadian Charter of Rights and Freedoms.

If your case, is postponed or delayed, you are welcome to contact us for a FREE consultation to learn more.

Lighthouse Legal Services receives a lot of questions about, “How early I should arrive at the Court?”

We suggest arriving 30 minutes in advance of your scheduled Court  time, just in case you are delayed by traffic, or can’t find parking.

Plus, if you are meeting with a Lighthouse Legal representative/Paralegal (If you have hired us of course), they always prefer to speak to the Client just prior to proceedings starting in Court.

Another question we always get asked from unrepresented Defendants is, “Do they call the Court List in alphabetical order.”

The short answer is, “No”. The Prosecutor or Crown Attorney can call the Court Docket as they see fit. Generally, the quicker / simpler matters will go first, and Trials will be heard last.

So try to be patient, if you arrive early, you may also get out early depending on if you plead guilty vs. not guilty.

 There are three A’s you should consider when attending Court. Attitude, Awareness, and Appearance.

If you go into Court with a poor attitude, or expect to be catered too, think again.

Traffic Court is not a Court of Convenience. While Court Staff will do their best to expedite your matters as quickly as they can, please do not expect to be catered to.

You need to attend on time, and be respectful to everyone that is in attendance in the Court building and Courtroom.

Awareness is another thing to consider. When you are in a Courtroom, do make sure your phone is turned off. Don’t bring a book inside with you to read. And don’t talk loudly with others in Court while sitting and observing other matters that are being heard by the Justice.

The presiding Justice may single you out for a few choice words if you are noisy and interrupt proceedings or start having casual conversations with those next to you.      You could even find yourself charged with being in Contempt of Court.

The best way to act, is with respect and quietly.

Finally, make sure you are dressed appropriately for Court. Don’t dress for the beach or a costume party. It’s best not to wear flip flops, tanks tops or anything else that could be considered offensive or inappropriate.

Over the years, I have seen a number of Defendant’s get into trouble inside the Courtroom for issues that don’t even relate to their charges. Just consider that if you dress or act inappropriately, it could end up delaying your matter from proceeding or concluding.

So just remember, that if you do plan on attending a day in Court, keep the following in mind,

  • Plan ahead, and make arrangements to be there all day
  • Arrive early
  • Be Patient
  • There are no guarantees, as to when you matter will be dealt with
  • Do not have a bad attitude, and try to stay positive
  • Be aware you are in a Courtroom (When Court is in session – Turn off Cell Phones, No Reading, & No Talking – unless called upon)
  • Dress Appropriately

If you are unsure about what to do, you can always contact us for a FREE consultation.