Frequently Asked Questions
Do insurance companies consider demerit points?
Insurance companies look at your risk points not demerit points. However, there is a general rule that more serious offences carry some or more demerit points than minor offences. Insurance companies generally classify offences in 3 different categories. (Some use more) They are minor, major, and serious. The offence itself will describe the conduct of driving to the insurance company, not the points. Demerit points will be on your record for 2 years from the day of offence and are not recorded until you're convicted. So if it took you a year to go to court, they'd only be on for another year. The conviction remains on your record for 3 years. 2 years after the points have been deleted. Your insurance company only needs the offence to calculate your premiums. Failing to Remain at Scene of Accident.
If I only have 1 or 2 minor convictions, will my insurance company penalize me?
It all depends on who your insurance company is. Each company has its own policies on how it assesses your risk as a driver. Some companies will forgive 1 or 2 minor convictions, others won't. Some will forgive a couple if you're over 25. Having been in an accident will certainly affect the premium as well. Even if they would forgive a couple, remember that an ounce of prevention is better than a pound of cure. Even if they do, you're gambling on not getting a third. And if you're in an accident, they may not forgive those 2 minor offences anymore. It's always better to defend the offences rather than risk it causing a premium increase.
Can I plead guilty to save my points?
A court has no jurisdiction (authority) over demerit points. Demerit points are assessed on the offence by the Ministry of Transportation. Police officers, prosecutors, and Justices, have no power to deal with points. However, a plea bargain to a lesser offence could be negotiated to save points.
I got charged with not having my permit and insurance card? If I bring these to court they'll throw out the charges, right?
Well, it is entirely the Prosecutors call. Some cities will withdraw the offences and others will accept a guilty plea for a lesser fine. There is no hard fast rule on the discretion of paper charges.
Does the officer have to show me the radar gun?
No he doesn't. Sometimes it may be too dangerous to let you out of your car. Especially if you're stopped on a busy highway. Not showing the radar or laser reading does not mean you'll win your case.
What if my name is spelled wrong? Will I win my case?
Not necessarily. In fact. Not likely. The courts in these kinds of cases have broad powers of amendment. Unless the name is almost completely wrong, more than likely it will be amended.
There's no licence plate on my ticket. Can I get the charge thrown out?
No. Again, the court has broad powers of amendment. The licence plate does not go to the heart of the charge and so it probably won't help you much.
I called around for some fee quotes. Why are the fees typically a lot more than the fine? Why not just pay the fine?
Well. Your court agent is cost effective not because of the fine. That's usually insignificant. He or she is cost effective because they are keeping your premiums down. When you consider that your premiums will increase for 3 years. That ticket can be much more expensive than the mere fine.
What if the police officer doesn't show up?
Some people think that just because the police officer doesn't show up that they'll win automatically. That's not true. The prosecutor might ask for an adjournment same as you could if you needed more time for one reason or another.
I had a trial that I did myself. I got convicted and think that the decision that the court made was wrong. Is there anything I can do?
Yes. You can launch an Appeal. Speak to one of our qualified legal representatives and find out what your potential grounds are.