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A bad day in court .....

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Old 12-21-2009, 02:46 PM
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911 Rod
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Default A bad day in court .....

Not sure how many remember my thread "Any luck beating speeding tickets"?

Anyway.

Popped for 30 over. Need to fight it as this will give me 2 violations.

My paralegal (I assumed he was a lawyer) submits a B11 because my court date is over 14 months after the speeding ticket as the officer is a busy guy. LOL

He tells me it's a done deal and we will go on the court date for the dismisal.

The few case before us the judge (I won't say she was female and hadn't been f......d in years) rips into everyone before me saying speed kills other's loved ones.

My turn.
She wants nothing to do with the B11 because it is a mess of paperwork not done correctly (did I mention I though he was a lawyer?) And wants trial now!
They argue for 45 minutes before she gives us another trial date so he can clean up the B11. Then he asks for a moment with myself and the crown. Crown offers 16 over but will not offer a non-moving violation.
My paralegal takes me to the side to tell me I'm screwed. The judge is going to hang me when we come back and we will have to appeal.
How much time and money do you have?
I took the plea.


Last edited by 911 Rod; 12-21-2009 at 03:44 PM.
Old 12-21-2009, 02:55 PM
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Mark Lue
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Bummer sorry it didn't work out for you Rod.... your paralegal shouldn't charge you for his mistake, you could have probably gone to court yourself and gotten the same result.

Last edited by Mark Lue; 12-21-2009 at 02:59 PM. Reason: adding statement
Old 12-21-2009, 03:04 PM
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Christien
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Paralegals are NOT lawyers - not even close. Paralegals don't require a license, a certificate or any training (though I heard there's talk of legislation requiring a license for them). They're form-filler-outers with delusions of Denny-Crane-ish grandeur, and even then as you found out, they're not very good at filling out forms. Ok, I'm being harsh, but you get the point. There are some good paralegals out there (sounds like Zookie has found one). It's just that they represent about 5% of their profession. Never mistake a paralegal for a lawyer.

Furthermore, traffic court judges are to real judges what paralegals are to lawyers. Well, maybe not exactly, but my experience with them has been bad, to say the least.

I think your plea was the best you could've hoped for. The only other option is to draw it out in hopes that your conviction date (i.e. trial date) will be late enough that an earlier conviction will have dropped off your record (2 years), leaving you with only one black mark at a time. That's what I did.

Oh, and I have indeed caved to the gestapo police state we now drive in - I rarely if ever go faster than 120. It's just not worth the hassle of dealing with the police-insurance racket.
Old 12-21-2009, 03:39 PM
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911 Rod
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Gee Chris. Tell me how you really feel. LOL

I agree with you completely.

I wasn't worried as it sounded like he had it under control. He probably thought he did!

All I really wanted from this was to put 2 years between my tickets and that I done. So it was somewhat of a successs. The offer of nothing at all would have been a bonus. The fine in the end was $36 as opposed to $280 and he was doing it exchange for some printing I was doing for him.

Yes I too must drive around like a granny to avoid another ticket.
But it's too much fun loosing the back end of the M3!
Old 12-21-2009, 05:03 PM
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theiceman
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Rod I have been exactly where you are many many times ... you have been VERY successfull my friend .. keep your nose clean for 10 months and it is off your license. don't do any changes to your insurance and keep your head below the trench and you will be fine. I constantly have 2 rolling tickets coming off and on and it is just a way of life now.

Sound like your paralegal just didn't want to work anymore in my book. If he went away and did the paperwork correctly sounds like you would have gotten off and it was more work for him , but at least this way you can put it behind you and move on ... My court date is February ....

Last edited by theiceman; 12-21-2009 at 07:49 PM.
Old 12-21-2009, 06:18 PM
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911 Rod
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I hear you Clive. I always have a ticket on my record. It would have been nice to have none ...... for a while anyway.

He didn't give up. We got the word from another paralegal in the courtroom that this judge had recently shot down another B11 at 16 months. So the precedent had been set. If I went to trial and judge found out I was passing on a double line going 40 over what do you think she would have done to me?
It was my decision to take the plea.

10 months.? Does it go back to the original offence date? I thought it was the conviction/court date?
Old 12-21-2009, 07:50 PM
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theiceman
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no it goes to date of offense ... not conviction .. that is why you delay it .. Good Job .... I here ya on the no points feeling .. it is always uch a small window for me .. in fact i don't think I have ever had that window..
Old 12-21-2009, 08:56 PM
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JimV8
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Getting the right Judge really makes a difference. Ask me privately sometimes. it's shocking. ( and no, it wasn't the drunk and disorderly one either)
Old 12-21-2009, 09:12 PM
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911 Rod
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Originally Posted by jim 7
Getting the right Judge really makes a difference. Ask me privately sometimes. it's shocking. ( and no, it wasn't the drunk and disorderly one either)
A human one that doesn't think she is bigger than her rope and the judicial system would be nice.
Old 12-21-2009, 09:32 PM
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Big Juggs wouldn't hurt either
Old 12-21-2009, 09:56 PM
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911 Rod
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Originally Posted by theiceman
Big Juggs wouldn't hurt either
Anything on this woman would have been shriveled or dried up!
Old 12-21-2009, 10:00 PM
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Sorry to hear the result. There is a sort of randomness about who gets caught and who gets the wrong judge that is not encouraging. Of course we all know how to avoid tickets,but the reality is that just a moment of inattention and a quick tap on the throttle and you"re in ticketland.
Old 12-21-2009, 10:56 PM
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It's 11(b), not B11, as in s. 11(b) of the Charter...right to be tried within a reasonable time.
Old 12-22-2009, 12:23 AM
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theiceman
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unfortunately sounds like Rod got the shaft ... or his b was B-iatch
Old 12-22-2009, 12:33 AM
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Zookie
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Dame that sucks, your Paralegal looks inexperieanced... Why dont you talk to my Paralegal and see your Options.. There are always Options, maybe he can take over teh Case... PM me...


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