Prosecutors will often nix charges

Eric Lai

SPECIAL TO THE STAR

Q: I just received a speeding ticket. What happens if I take the first appearance option with a prosecutor instead of requesting a trial?

A: Malcolm Higgins of Tickettalk.ca, a Toronto paralegal firm, replies:

The first attendance/resolution meeting can help unrepresented defendants deal quickly and fairly with many charges.

Upon your request (filed when requesting a court date), the prosecutor will see you out of court and discuss the resolutions available to you. On many types of charges, such as failing to produce documents, prosecutors will often withdraw the charges after viewing them at your first appearance meeting.

Some jurisdictions will negotiate many types of charges, including low speeding tickets, to zero points unless a collision is involved. However, you must plead guilty to the lesser charge offered.

Keep in mind that the prosecutor is not there to defend you, and if you plead guilty to any offence, a conviction will be entered on your driving record.

The bottom line is: if you disagree with the charge, take it to court. The prosecutor will almost always offer you the same plea bargain in trial court anyhow and, if the officer doesn't show up, charges will likely be withdrawn.

Eric Lai adds:

To learn all your options, you may wish to seek a free consultation from a licensed paralegal or lawyer in your area.

Q: I'm buying out the lease on my vehicle. Why do I have to pay for the safety and Drive Clean certificates? It doesn't seem fair since the owner (the automaker, in this example) is responsible for providing the certificates in all other car-selling transactions.

A: Bob Nichols, spokesperson for the Ontario transportation ministry, replies:

There is nothing in the Highway Traffic Act specifying whether the seller or buyer has to provide a safety standards certificate or Drive Clean emission pass report. The seller and buyer must decide this issue as part of their sale agreement.

The safety certificate and Drive Clean report must be presented in order for the vehicle to be registered and plated in Ontario for use on public roads.

Eric Lai adds:

Used-car sellers aren't obligated to provide a safety standards or Drive Clean certificate, though some may do so as an enticement to buyers. Likewise, buyers aren't required to obtain these documents for every used auto purchase (in which case, an Ontario "unfit" vehicle permit can be obtained to show the change of ownership).

These certificates are required for plate registration in Ontario, but making them mandatory would be excessive since a buyer may wish to register the vehicle in another province, junk it, use it for parts etc.

Q: Are name-brand tools worth the added cost?

A: Harold Lall of Super-Tech Auto Repair in Richmond Hill replies:

We recently bought an economy-brand bench vise for the shop. It looked strong, but the thick, 12 cm metal jaw snapped in half during normal use soon after. We replaced it with an Irwin heavy-duty vise and have had no problems since.

While both tools were made in the same foreign country, they were clearly manufactured to different standards. Needless to say, we no longer try off-brand tools.

Eric Lai adds:

At sales, you can often get name-brand tools with lifetime warranty for about the same price as economy tools with little or no warranty.

POLICE RESPONSE: Have a question or comment on police traffic enforcement? Send it to wheels @thestar.ca and Sgt. Tim Burrows of Toronto Police Traffic Services will respond to your queries in an upcoming AutoKnow column.

Email your non-mechanical questions

to Eric Lai at wheels@thestar.ca.

Personal replies can not be provided.

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