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Thread: Courts, Lawyers and Judges =Dewey Scruem and Howe

  1. #31
    Sith Lady and Cool Kid Darth Penguin's Avatar
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    Quote Originally Posted by theweaves_dad View Post
    So I still say it does not have to be reported unless renewed. I never contacted insurance for any ticket my wife received and she received many. Accidents are different, they do get reported by police even if no claim is made (found that out the hard way because of my wife too). Will investigate a bit though to make sure because if it were his insurance, I would not care, but this is my spotless record on the line... I just have to be careful in doing it.
    Every couple of years, we have to sign a release for our insurance to contact SAAQ to see copies of our driving records. SAAQ charges a higher renewal rate if you have points or tickets issued and, according to my insurance broker that will affect the amount the insurance company charges.

    My accident when some gimboid powered into me at a stop light was investigated by an SQ officer and I was given a report to submit to my insurance while IIRC the SQ report went to the SAAQ.

    SQ= Surety du Quebec, police

    SAAQ= the agency which issues driving lincences, number plates and the like.


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  2. #32
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    Quote Originally Posted by KMammy View Post
    I understand that those aren't the circumstances. I was merely correcting you on the fact that you don't have to self report mid term. If you review your wording you'll see that you have a brief grace period and then are, in fact, required to report anything that changes the terms the insurance was issued under.
    That was my understanding as well.
    My knowledge is based on an ordinary persons experience, you seem to have specialized knowledge in this area.
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  3. #33
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    I went to my insurance website and they have an online chat thing which is anonymous. I asked them there if I had to report a conviction right away and she said "Well yes but it won't count until renewal time." So I am holding off for now because if the conviction stays, we may shop around anyways.
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  4. #34
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    If the crown is seeing jail time for the charge, he would qualify for legal aid, however this has to be stated in a document they provide during your first appearance (Can't remember the name) but it would go on top of the disclosure. They can't just suddenly seek jail time a year later when the trial happens.

    They can't tell you this after the fact, they want him to plea to avoid trial costs and what not by scaring him, that's what they do. Going to trial and the crown losing makes the crown look like an idiot, so they want you to plea. You can also counter plea.. NO FINES, NO POINTS, just accept the guilty plea for THEIR record of winning the trial, but you having no penalties.

  5. #35
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    Quote Originally Posted by PinkLincoln View Post
    If the crown is seeing jail time for the charge, he would qualify for legal aid, however this has to be stated in a document they provide during your first appearance (Can't remember the name) but it would go on top of the disclosure. They can't just suddenly seek jail time a year later when the trial happens.

    They can't tell you this after the fact, they want him to plea to avoid trial costs and what not by scaring him, that's what they do. Going to trial and the crown losing makes the crown look like an idiot, so they want you to plea. You can also counter plea.. NO FINES, NO POINTS, just accept the guilty plea for THEIR record of winning the trial, but you having no penalties.
    Chris was at the court house today filing the appeal and talked to the lady at Legal Aid. She said you cannot get legal aid for Provincial Offences. However, she said that there is a free legal clinic on Monday's where he can discuss his matter for free. He didn't have time to go today but is going in two weeks when they have the next one.

    Both of us don't think the jail option ever existed. The prosecutor said nothing to Chris about it at all. It all came from the paralegals. The same ones that were on their 5th appearance with no trial and probably did not want to do the 11(b) application because it is so much work and they only got $1000.00 from Chris (probably thought he would plea right away, WRONG!). He is also going to get medical information as to his mental state right now as he may have Post Traumatic Stress Disorder. He is going to find another Dr. though. The one he has now, he is not happy with his treatment. If I had of been with him, I probably would have intervened when I heard "jail".

    Bottom line, Chris got bullied into the plea. Now he just needs a judge with a head on his shoulders and someone who recognizes exactly what happened in all of this.
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  6. #36
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    My mother and 3 year nice were killed by a careless driver 4 years ago....Personally I think Chirs got off easy...maybe he did not hurt or kill someone but why shoulds we wait for that to happen before punishing careless drivers.....the aftermath of Chris's actions (re insurance, fines etc) should just be accepted as part of the lesson so hopefully he does not do this again....I do not think the law was unfair to Chris, I think he was unfair to others by his actions....he should consider himself lucky that he did not kill someone
    Lori, thriftygranny and carriez14 like this.

  7. #37
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    Quote Originally Posted by sharkie View Post
    My mother and 3 year nice were killed by a careless driver 4 years ago....Personally I think Chirs got off easy...maybe he did not hurt or kill someone but why shoulds we wait for that to happen before punishing careless drivers.....the aftermath of Chris's actions (re insurance, fines etc) should just be accepted as part of the lesson so hopefully he does not do this again....I do not think the law was unfair to Chris, I think he was unfair to others by his actions....he should consider himself lucky that he did not kill someone
    Sorry for your loss Sharkie

    It would be refreshing for a guilty person to claim it and take their lumps, we all make mistakes.

    PS Please don't take this as any kind of personal attack on you or your son theweaves_dad
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  8. #38
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    Quote Originally Posted by sharkie View Post
    My mother and 3 year nice were killed by a careless driver 4 years ago....Personally I think Chirs got off easy...maybe he did not hurt or kill someone but why shoulds we wait for that to happen before punishing careless drivers.....the aftermath of Chris's actions (re insurance, fines etc) should just be accepted as part of the lesson so hopefully he does not do this again....I do not think the law was unfair to Chris, I think he was unfair to others by his actions....he should consider himself lucky that he did not kill someone
    Sharkie:

    First of all, I am sorry for you loss and so is Chris. Chris does not understand what you mean by he got off easy. He was almost killed in the accident and most likely will not recover 100% from where he was before it.

    As for his charge, he doesn't meet the definition of "Careless Driving" according to LAW (emphasized for a reason). Careless is a very broad charge but with very specific elements to prove guilt. Chris did not meet them. He is at a loss at why the plea bargain was forced on him, but it was. If I had been with him, I would have questioned the paralegals on it and asked for the prosecutor to come tell him about jail first. Guaranteed they could not have done it then.

    You are speaking as though he was convicted of careless, no he plead guilty to "fail to share road-stay in lane". Totally different. We are sure that if you were not guilty of something, would you just plead guilty anyhow because you didn't kill someone? No you would fight it I would think.

    Quote Originally Posted by Sarah W View Post
    Sorry for your loss Sharkie

    It would be refreshing for a guilty person to claim it and take their lumps, we all make mistakes.

    PS Please don't take this as any kind of personal attack on you or your son theweaves_dad
    No offense taken.... but reply above is about the same as for your post. The key word is guilty... Chris should never have pleaded to the lesser charge when he was looking at not guilty of careless. You may think it is no big deal, but to Chris, $880 fine + 2 points (higher insurance for a long time) vs no fine and no points and no increase in insurance is one huge difference.

    He has already decided that if he loses the appeal, the fine gets paid. That will be it. If he wins, he has a number of options he can go for with the careless charge.

    Like I said to Sharkie, would you plead guilty to something you did not do? Did not think so. Us Weaver's fight, we don't lay down and take it.
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  9. #39
    Smart Canuck sharkie's Avatar
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    No I would not plead guilty to something I did not do....

  10. #40
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    Quote Originally Posted by sharkie View Post
    No I would not plead guilty to something I did not do....
    Ahhhhh didn't think you would! Who would??

    Thus the reason Chris is trying to get the plea withdrawn and proceed with the Careless charge. If nothing else, he will not have the fine due until after the appeal is heard, which in our court system will probably over a year!
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  11. #41
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    well if he is innocent I hope it goes good for him

  12. #42
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    He hopes so too! He is going to try and subpeona both paralegals and the prosecutor to testify under oath at the appeal. Then they can't play games or they risk their whole career, reputation and criminal charges if they lie. If he can do that, they might, just might say forget it and not contest the appeal at all. It's a long shot but stranger stuff has happened and with all the twists and turns Chris has had, nothing would surprise me anymore!
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  13. #43
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    lol I guess not

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