Early Resolution - Meet With Prosecutor

[freightfwd]

Morning Folks,

Does anyone have experience with requesting the 'early resolution - meet with prosecutor' when they've got a driving infraction? Burnhamthorpe Courthouse (Mississauga).

Just wondering what happens and what to expect. The infraction is not serious but I don't want to go to trial either. Is this the way to go when I'm looking for a reduced fine (leniency)?

Any help/tips would be awesome - thanks.

 

[loaders]

I have used that process before for speeding or other minor infractions. It involves a trip to the courthouse where you, along with others, wait to be called into a room with either the prosecutor or another court official. They always offer you a reduced charge and corresponding fine. You can either accept or refuse their offer. If you accept, you go back out to the waiting area until they have spoken to all in attendance. You are then usually herded into the court room before the judge where the prosecutor reads out the agreed to charge, you say yes, and it's over. Depending on the number of people, it could take less than an hour, or if it's busy, maybe 2. Of course you can always refuse their offer and elect to go to trial, but it has been my experience that the offer usually brings the offense down below the loss of points threshold, which is what most people want out of the process. There used to be (and maybe still is) a "guilty with an explanation" option. Don't take it. The judge, or official in this case can reduce the fine, but NOT the charge, so if it involves the loss of points, you're out of luck. You don't have to prepare any type of case for yourself, just go in, say yes (if you feel it is fair), pay the fine and you're done.

 

[Igor Galanter]

What is preliminary hearing...
I had mine once many years ago.
Was charged with running red light on a street with 80 km/h speed limit during rain. That was before ABS.
Talked to prosecutor ( women), explain to her all dynamics and possible outcomes.
Charges were dropped in front of the charging officer.
So, my advise is: " It's all possible "...

 

[whatiship]

I believe that a "preliminary hearing" and "early resolution" are the same thing, different terms.
Loaders description is very accurate. The job of the court official is to "weed out" the minor infractions and to speed up the process by reducing the workload on the court providing both parties agree.
You have nothing to lose if you don't agree with the offer, but it will result in your favour 99% of the time.

 

[freightfwd]

Thanks so much guys for taking the time. I know a little more what to expect now. And it isn't as bad as I thought.

Super site. I appreciate the help.

 

[jonny-chicken]

I have used that process before for speeding or other minor infractions. It involves a trip to the courthouse where you, along with others, wait to be called into a room with either the prosecutor or another court official. They always offer you a reduced charge and corresponding fine. You can either accept or refuse their offer. If you accept, you go back out to the waiting area until they have spoken to all in attendance. You are then usually herded into the court room before the judge where the prosecutor reads out the agreed to charge, you say yes, and it's over. Depending on the number of people, it could take less than an hour, or if it's busy, maybe 2. Of course you can always refuse their offer and elect to go to trial, but it has been my experience that the offer usually brings the offense down below the loss of points threshold, which is what most people want out of the process. There used to be (and maybe still is) a "guilty with an explanation" option. Don't take it. The judge, or official in this case can reduce the fine, but NOT the charge, so if it involves the loss of points, you're out of luck. You don't have to prepare any type of case for yourself, just go in, say yes (if you feel it is fair), pay the fine and you're done.

This is basically the same experience we have had. We fight all tickets in this way as a company policy and every single one is reduced. In some cases the officer gave two infractions, one to the company and one to the driver, and in that case they have dropped one or the other when we go to court.

Our MTO analyst actually told us to do this, as it cuts down on CVOR points.

 

[hauling_ass]

This is basically the same experience we have had. We fight all tickets in this way as a company policy and every single one is reduced. In some cases the officer gave two infractions, one to the company and one to the driver, and in that case they have dropped one or the other when we go to court.

Our MTO analyst actually told us to do this, as it cuts down on CVOR points.

Really? I thought the CVOR points were completely separate from tickets given by the OPP and a reduced ticket wouldn't change the points.. Could you explain a bit more (or PM me if I'm really dense here).

 

[Jim L]

Really? I thought the CVOR points were completely separate from tickets given by the OPP and a reduced ticket wouldn't change the points.. Could you explain a bit more (or PM me if I'm really dense here).

You obtain CVOR points by three ways, during and inspection for violations, convictions for fines levied against the CVOR and those obtained via an audit.

@hauling_ass is talking about having the ticket dropped on the carrier side. If there is no conviction you will not get the points for it. If a driver for the company gets a speeding ticket and a log book violation in Ontario he will most likely get a ticket. If the speeding ticket gets dropped you will not get the points on your CVOR for the conviction.