Basic Knowledge
Information you need to know
What You Must Consider Before Court
The basic concepts are examined in this section for both U.S.A, England, Australia and Canada.
- Identify the type of offense or offenses that you want to research. e.g. parking, traffic, MTO, Heath and safety etc
- Then identify what category the offense falls into. e.g. Absolute liability, Strict liability, or Mens Rea
- Identify what consequences you are facing (legislation e.g. Highway Traffic Act )or what you are worried about (maybe insurance or demerit points).
- Understand the ideas and processes that go along with the court system.
- Reveiw how case law work.
You still want to Learn more! Choose from the below list of topics
- Offense/Tickets typs
- Options upon recieving offense
- Insurence/demerit/Sentencing/Fines
- Courts and procedure
- Case law/Disclosure
Identify the type of offense or ticket.
Look over the information here and at the bottom you will find review.
A. Will help you identify the specific information that you are looking for such as penalties or relevant laws.
1. Parking ticket,
2. MTO offense,
3. Traffic Ticket,
4. Bylaw infraction.
Must know, to understand what the court will and will not listen too as a defense.
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You must clearly identify the options that you have and then understand them. The options are to either
1. pay the fine
2. Meet with prosecutor to see if you can resolve the matter before court
(check with court house for this option)
3. Or, the last option is to fight the charge having a trial.
Scroll Down and a description are given of each. The next section will help you decide which option may be suitable to you needs. For more detailed help you must use the paid services on this website.
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What increases your insurance premium? This worry is normally part of the stress and stigma surrounding the traffic court experience. Discussed are insurance rate hikes, fines, penalties such as losing your licence, and demerit point loss. If none of these things are your main concern you should still familiarize yourself with all of them as they are part of fighting your ticket.
Even if you feel that the fine is a small, an inconsequential factor, you will deal with these issues in court and will have to familiarize yourself with them to a degree. To see how these affect your particular circumstance we offer the case check and search option on this website.
For these services that are more detailed to your particular situation we charge a respectable fee. You can have this information downloaded to your computer and utilize it when you need it.
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1- You should know what type of ticket you have either a part 1, 2 or 3
2- Then you should know what category that your offense falls into either absolute liability, strict liability or means rea
3- Then you should have looked up the relevant case law and the relevant legislation
4- Then you should weigh in on the consequences of what your options are- pay make a deal or trial
5- With all of this information that has been made available you should be able to research your case.
Case law
Case law or Judge made law is available through some of our links in the links page.
These laws are what the judges have made in past cases. You will be able to search your type of offense and then from the search done you will be given a list of all of the cases that are similar to yours. Located within these cases are all the tools necessary for you to see the reasoning why the courts have ruled in certain ways. When a court rules they often refer to the legislation.
For example if you have gotten a speeding ticket in Ontario then the legislation that would be referenced is the Highway Traffic Act under sec 128. The Courts will identify the offense and normally interpret what this Act was intended to do based on other past case laws. You can refer to these cases or case law when you are at trial. it is the norm that if you intend to use case law to your advantage in court that you bring 3 copies with you. the first one is for the court, the second is for the prosecutor and the third is for yourself.
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