FREQUENTLY ASKED QUESTIONS
1. Do I have to fight this ticket alone?
2. This ticket has an error on it. Doesn't that mean it's void?
3. What's the difference between a Part I and a Part III offence?
4. I lost my ticket, what now?
5. I filed my ticket but I got convicted, what now?
6. I always pay my tickets right away, how come I have charges on my record?
7. My son/daughter got a ticket for G2 with alcohol above zero, how does that affect my insurance?
8. If my fine is small and there are no points, then it won't affect my record, right?
9. Can I get more time to pay my fines?
10. Do I gain points or lose points?
11. How do demerit points affect my insurance?
12. Does my New York ticket affect my licence?
13. I got a 15 over speeding ticket, but that doesn't affect me, right?
14. What if my court date falls within my Vacation time?
15. Guarantees?
16. Stunt Driving Law?
17. Move Over Law?
18. I missed court, what can I do?
19. Driving under Suspension
1. Do I have to fight this ticket alone?
Absolutely not!
In most cases you are not even required to go to court. We will defend you in a professional manner, and can make the court appearance for you so that you don't have to worry about time off work!
We have won thousands of traffic ticket cases throughout York Region and all over Southern Ontario.
2. This ticket has an error on it. Doesn't that mean it's void?
Your traffic ticket is not void if the court considers it an amendable error. Be aware the court has the authority to correct certain details on your ticket.
The number one "error" people find would be the year of the vehicle. Followed up with "Doesn't the officer know my car is not an 06?"
The year pertains to the sticker on your licence plate and as it turns out the year of the vehicle is not recorded on the ticket at all.
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3. What's the difference between a Part I and a Part III offence?
A Part I offence is called an offence notice (ticket) and has an out of court settlement (fine) on it, whereas a Part III is a "Summons" (has a date on which you must attend court to answer to the charge(s)).
Part I matters require you to request a court date (if you want to challenge the ticket), they are often minor offences and the court penalty is kept at a minimum.
Court penalties for Part III offences are more severe and can involve licence suspensions, jail time, heavy fines etc.
Some examples of a Part III offence include; Drive without Insurance, Drive Under Suspension, Racing, Fail to Remain at Accident, Speeding over 49kms/hr.
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4. I lost my ticket, what now?
Once you've been issued an offence notice (ticket) your information gets processed by the applicable Court Services Office. So, the charges and the fines involved and the time to pay those fines are recorded at the court - waiting for your response.
Without a response from you, or your agent, the court will convict you and that stays on your driving record for 3 years. You can find out the status of your ticket by inquiring at a provincial court.
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5. I filed my ticket but I got convicted, what now?
You've got 15 days, from the time you found out, to apply to have your matter(s) re-opened.
The re-opening process requires an affidavit and application brought before a Justice of the Peace (in the designated court).
When a re-opening is granted, the conviction is reversed and it comes back off your driving record and the court sends you the trial date.
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6. I always pay my tickets right away, how come I have charges on my record?
Paying your ticket automatically finds you guilty of the offence and creates a conviction on your driving record for 3 years.
Demerit points are assessed by the Ministry of Transportation and they go on your record for 2 years. You can obtain your driving record from your local MTO office. It is important to know your options.
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7. My son/daughter got a ticket for G2 with alcohol above zero, how does that affect my insurance?
A G2 with alcohol conviction can be very costly!
Most young people think they can just pay the fine of $110.00 and be done with it. Not so with this charge!
First of all they'll receive an automatic 30 day licence suspension and then be prepared for them to be treated as an impaired driver by your insurance carrier.
That's right your insurance company treats this as a very serious offence.
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8. If my fine is small and there are no points, then it won't affect my record, right?
It can, for up to 3 years!
Driving Convictions say on your record for 3 years, even if the conviction has zero demerit points attached. And yes, your insurance company can use these convictions when assessing your risk level and premiums.
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9. Can I get more time to pay my fines?
In some circumstances yes, however you will need to file a motion in the court of jurisdiction (the court that convicted you) requesting an extension of time to pay.
Once you file this motion a justice will determine the outcome of your request. There are stiff penalties for unpaid fines, so I suggest you take care of any extension requests PRIOR to your due date.
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10. Do I gain points or lose points?
You gain them. After you are convicted of a traffic offence, demerit points are assessed by the Ministry of Transportation and stay on your driving record for 2 years.
G1 and G2 licences are the most sensitive when it comes to gaining demerit points. The number of points you stand to gain, from a particular offence, is not listed anywhere on your ticket. Contact us to find out how your offence will affect your driving record.
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11. How do demerit points affect my insurance?
They don't. But what does, is getting convicted of an offence.
Most people don't realize is that insurance companies are now assessing your risk level based on how many convictions you have on your record, and of course by how serious the offences are. Your ticket may seem harmless but you need to know your options.
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12. Does my New York ticket affect my licence?
It definitely will!
Certain States have agreements with Ontario, whereby convictions will be transferred to your Ontario Licence. Once the miles are converted to kilometers the affect is even worse. Arranging your defence in New York is no small task, but it is one of the many traffic matters that we can help you with.
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13. I got a 15 over speeding ticket, but that doesn't affect me, right?
Insurance companies are now assessing your risk level based on how many convictions you have on your record, and of course by how serious the offences are. So, yes that 10 or 15 over speeding ticket can translate into a jump in your insurance rates, and yes, that increase can be long term because that "little" 15 over ticket is on your record for 3 years.
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14. What if my court date falls within my Vacation time?
There are many reasons why someone may need to change their Trial Date. Yes you can request a change - but you have to plan ahead.
Well in advance of your court date - You will need to attend the court to file a Notice of Motion. You must then attend the Court, on the Motion date, to request the adjournment.
If the Motion is granted, the court will agree on another date for your Trial to be heard.
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15. Guarantees?
Many people think that traffice ticket specialists results can be guaranteed. Our law now prohibits offering a guarantee, or even a rate of success.
Court Agents, same as Paralegals, must follow the Paralegal Code of Conduct as set out by the Law Society. These Rules were put in place to protect the public from being misled and to enhance the ethical standard of court representatives.
We have been in this business since 1994. It is nice to see that regulation has finally come about. We know that the public will definitely benefit from it.
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16. What about this new Stunt Driving Law?
This law came into effect September 30 2007, and there is a whole list of things that qualify as a Stunt. Speeding in excess of 50k over the limit, and Racing are most common.
Penalty for this offence starts immediately, they take your licence on the spot and you are suspended for 7 days, and whatever vehicle you are driving is towed and impounded for a week.
This is treated as a very serious offence and first time offenders can face major fines, plus imprisonment, plus a further licence suspension for 2 years. Conviction of stunt driving will most likely put you into high-risk insurance.
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17. What is the Move Over Law?
This law started back in 2003, and is aimed at improving safety for officers and others performing their duties on the road.
If you’re approaching a stopped emergency vehicle on your side of the road and their emergency lights are flashing - then you must slow down and pass with caution. If your road has two or more lanes then you must also move over to the next lane before you pass.
A first time offence carries a $400 fine and 3 demerits against your licence.
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18. I missed court, what can I do?
Many people realize they have missed their court date when they receive a notice of fine from the court or licence suspension notice from the MTO.
You need to act fast and have your situation assessed right away.
If you are eligible for a reopening, your conviction may be corrected and cleared off your record very quickly; However if it turns out you must appeal your matter then that is more involved and can take much longer to get resolved.
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19. Driving under Suspension….
Driving Under Suspension has very serious repercussions! You receive a summons and must attend court to answer to the charge.
If you are convicted with drive under suspension you are facing a fine ranging from $1,000 to $5,000 for a first time offence. There is also the possibility of imprisonment for six months as well as further licence suspension of six months.
When your licence is suspended, you do not have a valid licence and this may have insurance implications should you be involved in an accident.
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When you want Professional Representation on traffic ticket matters in Newmarket, York Region or anywhere in Southern Ontario, call...
MOE BUCKLE,
PROVIDER OF LEGAL SERVICES & FORMER POLICE OFFICER
NEWMARKET
465 Davis Dr. Tannery Mall Suite 113
905-898-0542 toll free 1-866-840-5401
Email info@trafficticketadvocates.ca
Member Licenced Paralegals Association of Ontario (LPA)
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