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Kapuskasing Courthouse Location
88 Riverside Dr
Kapuskasing, ON P5N 1B3
I was pulled over in Kapuskasing and given a traffic ticket. What can I do?
If you have received a traffic infraction in Kapuskasing, you first need to determine if you have been given a Summons or a Ticket. A summons will have a court date on it and no set fine amount. A ticket will have a set fine amount and no court date. Both a ticket and a summons are contestable. A summons will command you to attend the Provincial Offences Court in Kapuskasing at 88 Riverside Drive on a set date at a set time to answer to the charge. A ticket will require you to respond to it by choosing one of the options on the back or side of the ticket.
What are my options if I get a ticket?
You must respond to the ticket within 15 days of receiving it. Responding to, or “filing” the ticket, means you have decided to do one of the following:
- You can pay the ticket. Doing so means that you are entering a plea of guilty and accepting all the associated penalties. Payment can be made in person at the courthouse or online. Most of the penalties that you can receive from paying a ticket are not listed on the ticket itself. There could be demerit points, a licence suspension or cancellation, and insurance implications ranging from a minor increase to a significant increase in your insurance rates. There may also be consequences to your employment if your job requires you to drive or if you have a clause in your employment contract regarding convictions/demerit points.
- You can request a court date. Doing so will allow you to dispute the ticket or give you an opportunity to have the ticket reduced to eliminate some or all of the penalties associated with it. There are typically two directions that you can choose from here: to attempt to have the charge reduced or to attempt to have the charge withdrawn or dismissed. Choosing either option usually involves reviewing the evidence to see if all the elements required to get a conviction are present in the disclosure. If so, the best course of action may be to meet with the Prosecutor to attempt to have the charge reduced to decrease the penalties against you. If all the elements are not present to get a conviction, if you have a defence, or if there is a legal argument that can be made, the best course of action may be to point this out to the Prosecutor to attempt to have the charge withdrawn. If your efforts are not successful, the last option is to conduct a trial and try to win.
NOTE: If you do not respond to a ticket, you will be found guilty of the charge unless there is a fatal error on the face of the ticket. If you are found guilty, you will be given 15 days to pay the fine. If you do not pay the fine on time, additional fees will be added on, and your driver’s licence may be suspended.
What are my options if I get a summons?
Summonses are usually issued for more serious traffic charges. You must attend court on the date and time indicated on the summons. On the first court date, or First Appearance, you are usually provided the disclosure package and given an adjournment so you can review the evidence and obtain representation and legal advice. You may be given the opportunity to speak to the Prosecutor at this appearance or a subsequent appearance date. If so, you may be “offered” a reduced charge. You will not be informed of all the penalties associated with either the original charge on the summons or the proposed reduced charge as the Prosecutor and court staff are not there to give you legal advice. You will be told how much the fine is, the wording of the charge you will be pleading guilty to, and if the court is seeking a “court imposed” licence suspension or jail term. You will not be informed about any additional penalties, including insurance implications, suspension or cancellation of your driver’s licence imposed by the Ministry of Transportation, demerit points associated with the charge, or employment implications.
NOTE: If you do not attend court on your summons date, your matter will be scheduled for trial. If you do not attend the trial date, you will likely be found guilty and sentenced in your absence. You will be given 15 days to pay the fine. If you do not pay the fine on time, additional fees will be added on, and your driver’s licence may be suspended.
How can OTD Legal Services help me with my ticket or summons?
We are a firm of experienced licensed paralegals. We regularly attend the Kapuskasing Provincial Offences Court and have a good rapport with the staff and Prosecutors. We will review the evidence against you and decide if you have a defence to the charge or if a legal argument can be made on your behalf. We have the knowledge required to understand the elements of a charge and how to get a charge withdrawn. We also have extensive trial experience, and will conduct a trial on your behalf, if necessary. We offer a one-time fee that covers your legal representation from start to finish. If you are looking for the best possible outcome, contact us today for a free consultation and quote. We can be reached by email at firstname.lastname@example.org, by telephone at 705-996-2540 or toll-free at 844-647-6869.
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