You just got a traffic ticket and you are trying to weigh the pros and cons on whether to fight it by representing yourself.
Traffic court in Ontario is generally called POA court, which stands for Provincial Offences Act, and can be a daunting place for those who haven’t been there before, so you need to know if you’re ready to take on the task.
To go through all the steps to represent yourself in traffic court, it could easily fill a thick book, so the purpose of this post is to focus only on the mental element of representing yourself.
We frequently get questioned from those who are considering representing themselves in traffic court and we lean toward the following advice: if you have what it takes, you absolutely can represent yourself. We always encourage people to fight every traffic ticket.
Think you want to represent yourself?
Answer the following 6 self-audit questions to see if you’re ready:
Will I have the time?
Fighting a ticket may require more than one appearance. Not only will you have to take time to file the ticket, seek disclosure and then actually attend the trial date, but because self-reps usually have the lowest priority on the court docket, you’ll most likely sit all day before they get to your case. They may even adjourn it to yet another date.
If you have a full time job and have to take the time off work without pay, or by using one of your hard-earned vacation days, it may be cost-prohibitive to represent yourself when you could simply have someone else represent you in court.
Am I resourceful?
Do you know your way around the legal resource material in your local library or the internet? You are charged with an offence which will likely be found in some legislation, such as the Highway Traffic Act. You should also be familiar with the rules of the court. This includes timelines, amendments, motions, re-openings and appeals.
You should be able to read the section with which you are charged and the applicable definitions in that Act to identify the elements of the offence which must be proven by the Prosecution to convict you.
Additionally, you need to have access to the applicable case law for that specific offence which may be analogous to your situation.
Can I present myself professionally?
This goes beyond dressing well while presenting yourself in the courtroom.It’s about being able to present your arguments in a cool and calculated manner, while showing respect to the Justice of the Peace, the Prosecutor, and even the police officer whose version of the situation differs considerably than yours.
Handling yourself in this manner will gain the respect of the Justice of the Peace, who will ultimately determine your fate.
Am I nervous speaking in public?
Don’t be afraid to admit this, most people are uncomfortable with speaking in front of other people, let alone in a formal setting. Some are comfortable and speak well when having to present some topic with which they know quite well.Very few can speak without some level of nervousness in a formal setting, on a subject they have only a little knowledge in.
Can I think on my feet effectively?
If your case involves questioning an adversarial witness, which will almost always be the police officer, you must not only prepare some questions you intend to ask, but you must be able to think quickly when the answers that are given lead you off in an entirely different direction.
Can I remain objective?
You may have heard the saying, “He who represents himself has a fool for a client.” The key behind this comment is that it is very difficult to remain objective when you are arguing for yourself.
Emotions can cloud judgment, even in intelligent people. We are only human. Even lawyers will hire other lawyers to represent their personal interests in court, whether it be traffic court or family court. You should be able to view your case with an open mind. Look at the other side of the argument, putting yourself in the position of the Prosecutor.
If you have honestly answered yes to all the above questions, then you are perhaps financially and emotionally ready to take on your defence in traffic court.
Traffic court is designed to simplify the process for those individuals who exercise their right to challenge the allegations from the state. A Justice of the Peace and the Prosecutor must follow specific rules when dealing with self-represented individuals. They are duty-bound to assist you through the process while at the same time prohibited from giving you legal advice.
Curtis Rutt, M.B. is the owner of Bulwark Legal Services. Bulwark is located in Guelph, Ontario. His goal is to equip everyone with the knowledge to fighting their traffic tickets. Curtis can be reached at info@bulwarklegal.ca
