If you answered 'true' to any of the questions
you probably need POINTTS' help with your traffic
ticket!
Here are the reasons for the answers:
1. There are many reasons why a police officer may
not show up in court and if the Prosecution asks for
an adjournment to another day you will have to know
how to argue against that request.
2. There are only a few areas on a traffic ticket
where a mistake will result in the case being dismissed
or quashed and a misspelled name or wrong plate number
are not any of them.
3. The radar device is sensitive and accurate, however,
it has to be tested and operated according to a strict
set of rules and procedures and you will have to be
very familiar with those rules in order to know, first,
if they have been followed and, second, what argument
to make if you can show they were not followed.
4. The Prosecution has to have the permission of the
Court to enter your statement into evidence. If your
statement shows that you accept responsibility or
guilt for the incident you will probably want to have
the statement excluded from your trial, however, you
will have to know what arguments to make to ensure
that the statement is excluded.
5. As a result of POINTTS' efforts and legal battles
with Law Societies in Canada, the citizens of Alberta,
Manitoba and Ontario are entitled to be represented
in traffic court by an Agent as well as a lawyer.
The advantage of a POINTTS' agent is not only cost
but also the fact that POINTTS' Agents have had a
wealth of experience as Police Officers or Justices
of the Peace (traffic court Judges) prior to joining
the company. That experience has benefited hundreds
of thousands of Canadian drivers.
6 . Police Officers may issue tickets even when wearing
civilian clothes.
7. Police Officers may issue tickets anywhere in the
Province in which they were sworn in as Constables.
RCMP Officers may issue tickets anywhere in Canada.
8. A '24 or 48 hour report' may be given solely at
the discretion of the issuing officer. The offence
is committed when the documents are not produced on
demand or the vehicle is being operated on a highway
with defective equipment.
9. Only the mechanic may present the report which
s/he prepared.
10.The important word here is 'guilty'. When you enter
this plea you are pleading guilty to the offence and
the 'explanation' is usually the reason why you committed
the offence. Sometimes this 'explanation' may be a
defence. Be sure to consult with POINTTS before you
enter this plea.
11. There is no requirement for the Officer to show
you the radar. In most cases it is better not to see
the radar reading in case you are asked to repeat
it in court.
12. Only the person who took the photographs may enter
them as evidence.
13.The Court has to hear the reason for the adjournment
and if it is not satisfied with that reason you may
be ordered to proceed with your trial on that date.
14. You are required to give certain details about
the accident for the information of the Registrar
of Motor Vehicles and failure to do so is an offence.
It is important that you know what information is
required and that you be careful not to incriminate
yourself.
15. There are several offences for which you can
be arrested and/or sent to jail. If you are in any
doubt use our 'get quote' page
The foregoing brief 'quiz' is intended to demonstrate
that traffic court is not a comfortable place to be
if you do not know the Rules of Evidence or the Procedures
which govern the Courts.
When you enter a plea of 'Not Guilty' you are not
necessarily saying "I didn't do it" you
are saying that you are exercising your right to have
the Prosecution prove that you committed the offence,
however you are expected to be properly prepared to
conduct your defence and as you can see from the answers
and explanations above, "Ignorance of the Law
is no excuse!"