https://www.thestar.com/autos/2016/...or-trial-best-option-for-ticketed-driver.html
Q. Should I take the “early resolution” option for my traffic ticket, or am I better off to fight it in court? I’m fairly confident I can show I was innocent.
A.
Randy Solomon, owner of Formula Traffic Tickets, replies:
As a licensed paralegal specializing in traffic tickets for 10 years now, it’s my experience that many people are unwisely choosing an “early resolution” meeting over the “trial date” option, sometimes on the direct advice of the court clerks or police officers. However, this isn’t the best choice if one is hoping to get their charge withdrawn. At an “early res” meeting, the officer isn’t required to attend, and the defendant usually won’t be able to review the court disclosure (officer notes) beforehand. In practically all cases, the prosecutor will only offer a plea bargain to a reduced charge with lower points and/or a lowered fine. This isn’t in the best interest of the defendant — but it certainly is for the courts from a revenue standpoint.
If a defendant instead chooses the “trial date” option on their ticket, and the officer fails to attend court, or there is some legal flaw with their notes or testimony, it would be grounds to have the charges withdrawn by the court.
“Early res” most benefits the court in having you convicted of some charge. Conversely, with the “trial date” option, you can at least ensure there’s a valid case against you. This is something a trained paralegal would be able to determine.
If a valid case exists, and you don’t have a defence to offer, only then would it make sense to consider a plea bargain.
Make no mistake, court clerks and police aren’t “on your side” when giving advice. To have your rights protected and understand all your options, we suggest you consult with a licensed paralegal right from the start, before deciding how to proceed.