OHTA.ca

Hello,

I am in a very stressful situation.

First off all, I got two tickets on the same day/time. One was speeding over 50 (going 105 kmph on 50 kmph zone) and the other one was stunt driving.

My first hearing was 5th October which got changed to 8th October and then to 22nd November which was today.

Before my hearing date, I read this site extensively and read all stunt driving posts.

After lot of battling through mind, I decided to represent myself and hope for the good outcome. I was ok if I got offered 49 over and stunt driving getting dropped. Because I don't need to go to high risk insurance if this deal happens.

Now, the court date comes and I get put into court room with prosecutor. I got the rudest prosecutor ever and she asked me you got the disclosure in email right?

To which I said, no because I did not. She kept on budging she sent it and I told her no I did not. Even checked my junk email. Then asked her for my email and she was sending it to wrong email address. After lot of baffling she finally send it to right email address while being on the call on zoom.

Then right after that, she told me so what I am offering is, race driving being dropped and the speeding ticket stays same which is 55 over speed limit.

I got baffled and did not know what to speak. I begged for 49 over and she kept saying no.

I gave her proper explanation and also told her this is my first ticket ever and I am generally a lawful driver. It's just a one time mistake I commited which I regret everyday.

At this point, my mind was like lets' ask for a next date as I don't know what to do. So I asked for a next date. To which she enforced, your date got changed 3 times already. Mind I did not change it, court kept changing it.

I asked her again for 49 over charge deal. She was not ready to listen and all of a sudden she asked, if I give you 49 over will you please guilty today? I said, YES!

Then she told me to wait for 2-3 minutes and I was ok. She put herself in mute and then came back and said no I can't do it. You were going double the speed limit. 9 AM in the morning the street would be busy and all. Which was a big assumption. Airport Road was fully empty and that is why I got carried away. I tried giving explanation but as I told she was very rude.

Then I asked for a new date. She said ok your next date is in January and if you don't accept the resolution you will be set for trial.

Then she put me in main court room where Justice of Peace was there and main prosecutor told JOP defendant got the disclosure today and asking for a new date for resolution. If not resolution, he will be set on trial on that day.

And, Justice of Peace asked me to note down the day and time for next date.

I am really scared.

What should I do now? At this point, should I hire paralegal?

I heard paralegals know prosecutors and since they have been dealing with prosecutors for years, they have a better sense of talking with them then self-defendants. Is that true?

Should I take my chances and spend money on paralegal to send on behalf of me?

Will the deal stay same or there are chances of it being changed? Please tell me.

The regulations changed regarding stunt driving recently.

Were you charged before or after July 1, 2021?

No. I was charged on 8th September 2021.

bend wrote: ↑Mon Nov 22, 2021 7:28 pm

The regulations changed regarding stunt driving recently.

Were you charged before or after July 1, 2021?

I was charged on September 8th and then got court date to 5th October. Got changed to 8th Novemebr and that got changed to 22nd November. Appeared for court and I did not get good resolution offer from prosecutor. I regretfully described my side of story but she had no interest in listening to me unlike other stories posted here.

I am thinking about going with paralegal now and he is asking me 1200$ which will also include the fine if there's any.

you should be pretty worried at this point, if prosecutor doesn't offer you a 49 over now, chances are slim to none come court date even with a paralegal

it will go to trial and the JP isn't as lenient. you are probably fooked

In terms of speed, stunt driving is no longer limited to 50km+.

7. Driving a motor vehicle at a rate of speed that is 40 kilometres per hour or more over the speed limit, if the speed limit is less than 80 kilometres per hour.

Since you were in a 50, anything 90+ would be considered stunt driving.

I don't know if they've made any changes to insurance to somehow accommodate for these new regulations. I have no indications that it's changed. It still lists 50km over as the barrier to a serious offense and anything less as minor.

Might want to double check with your provider.

Your main problem is that, like they've said, you're doing over double the limit. 155 in a 100 and they might be able to work something out. 105 in a 50 and their hands are tied. One is an increase of 55%, the other is 110%

It's possible you'll receive the same offer with a paralegal, so be prepared with that being a possibility.

Good luck.

bend wrote: ↑Tue Nov 23, 2021 1:44 am

In terms of speed, stunt driving is no longer limited to 50km+.

7. Driving a motor vehicle at a rate of speed that is 40 kilometres per hour or more over the speed limit, if the speed limit is less than 80 kilometres per hour.

Since you were in a 50, anything 90+ would be considered stunt driving.

I don't know if they've made any changes to insurance to somehow accommodate for these new regulations. I have no indications that it's changed. It still lists 50km over as the barrier to a serious offense and anything less as minor.

Might want to double check with your provider.

Your main problem is that, like they've said, you're doing over double the limit. 155 in a 100 and they might be able to work something out. 105 in a 50 and their hands are tied. One is an increase of 55%, the other is 110%

It's possible you'll receive the same offer with a paralegal, so be prepared with that being a possibility.

Good luck.

Hi bend,

Thanks for the reply. So, my new fear is what if I self-represent myself again on the next date and the given offer is not there anymore and the prosecutor sends me to trial. Can this happen? Can they withdraw the offer since I asked for a new date and did not accept the offer? And, for that reason, should I hire paralegal or just go by myself? Again, thank you very much.