Sunday, March 1, 2015

My Experience with an Early Resolution Meeting for a Traffic Ticket

Have you ever been ticketed for a traffic violation, felt you were innocent and wondered what to do?

Last July I received a ticket for an improper left turn on a multi-lane highway. I was turning onto Cawthra Road from the Queensway in Mississauga. There was a car in front of me and the light was red when I got to the intersection. On the advance green the car in front started to move through he intersection and I was right behind. About 400 feet past the intersection was a police officer in an unmarked cruiser. He waved the car in front to pull over and then he waved me to pull over as well.

I didn't really get an explanation as to what I did wrong and I left with an $85 ticket plus the potential for 2 demerit points for the offense. When reviewing my options I noticed that I had three: plead guilty and pay the fine, go to court and fight the charge, or request an early resolution meeting with the prosecutor. I decided that a meeting would be my best choice as I retained the right to go to court.  After choosing this option I received a notice in September that the meeting was scheduled to take place at the end of February.

In the interim I stewed about the charge and carefully reviewed what I did during the turn. I went back to the intersection and took shots with my camera. I went on line and used Google Maps to get an overview of the intersection and I had ground level photos that clearly showed that there were no lane markings and that the lane markings immediately past the intersection had been worn out and were not visible; a key part of my defense.  By the time February rolled around I was ready.

I get to the courthouse 20 minutes early and asked for directions. I was shepherded to a courtroom where about fifteen other people were already seated. There was a line that I joined that snaked up the aisle. At the head of the line was a lady that I assume was the prosecutor; pure speculation because we were never introduced.When it was my turn I handed my sheet to the lady.

She noted the charge on my ticket, the fine and demerit points. She then indicated that she could reduce the charge to a violation of a Mississauga by-law rather than an offense under the Highway Traffic Act. This reduced charge was $65 and no demerit points. The alternative was to go to court and if convicted pay the full fine plus court costs and have the demerit points put on my driving record. This would be my long awaited "meeting"; arguing my case was never on the table. In the brief time I had to make a decision, I rationalized that at $65 the plea bargain was less risky and time intensive so probably the smartest move under the circumstances - so I took the deal. 
    
I was just starting to feel relieved and good about my decision when I was told I would have to sit down and wait for the justice of the peace to come in so "the deal" could be blessed by the court. About 20 minutes later I got up, pleaded guilty to the reduced charge, acknowledged that I could pay the ticket immediately and was handed a slip to take with me. I guess if I couldn't pay right away I would have been given time; thirty days seemed to be the norm although I probably could have gotten even longer to pay if I needed it.

So upstairs I went with the slip in hand looking for a cashier to pay. A line had formed and while there were five cashier positions available, only three were staffed and two were taking customers.  As I waited I had a chance to read the slip in my hand - there was an extra $5 tacked on to the ticket for fees and that there was a Victim Fine Surcharge (VFS) added to the ticket as well. The VFS is a graduated "tax" that increases with the size of the fine. In my case it amounted to $15. It was then it dawned on me - I would be paying the same $85 as the original ticket instead of the $65 I thought I had agreed to; some deal!

Mike Says ... The Early Resolution Meeting was like an episode of Let's Make a Deal. Virtually everyone in the room was offered a plea bargain that was better than their original ticket. As far as I could tell everyone accepted the offer, including me. It made me feel a little cheap to accept it when I still thought I was innocent. However after weighing the cost and time to go to court against the likelihood of winning the plea bargain seemed reasonable.  Of course after I found out about the hidden fees I felt stupid as well as cheap for falling for "a deal" where there really wasn't one to begin with.


If you are looking for an opportunity to plead your case - it is not going to happen based on my experience with the Early Resolution Meeting (ERM). There was a measure of satisfaction in delaying the payment of the fine for seven months. I also avoided having those two demerit points on my driving record. For some that would be enough of a reason to go this route before pleading guilty and avoiding a court case. I am not sure if I would ever go this route again. I don't make a habit of getting tickets but if I did I might have to reconsider my point of view; demerit points impact on insurance rates and that cost could be a lot larger than a ticket.


7 comments:

  1. Hmmm, you raise some interesting points. For me and my husband, adapting to local ways was very important. We didn't expect to nationalize over night, but Canada was so welcoming for us we simply wanted to blend in! I found going to local events and trying local produce helped get us in the right mindset - live like the locals do!

    Jarrett @ The QATSPY Golf Approach

    ReplyDelete
    Replies
    1. Good luck with your migration. Let me know how things are going

      Delete
  2. Hello, um I was wondering was the officer that gave you the ticket there or not?

    ReplyDelete
  3. Hello Ethan. No the police officer that ticked me was not there. As best as I can figure out this is a way to reduce the backlog in the court system. I guess they figure that if you are willing to attend the Early Resolution Meeting you are probably thinking about contesting the ticket in court. So by offering a reduced fine and demerit points they get a guilty without clogging up the courts. Worked for me...

    ReplyDelete
    Replies
    1. Hey, I got a ticket for crossing a red light of $325 :( They've sent me a letter for the early resolution meeting but could I go for the meeting and request a court hearing instead? I'm assuming the meeting would not benefit me much perhaps they'd ask me to pay more than half of the fine. I'm thinking if I was to go to court for this, atleast the chances of a police officer not showing up are more and my fine could get waived off

      Delete