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MacKay & McLean are your Trusted REGINA LAWYERS. In Mackay & Mcleans' latest legal tip they provide helpful information about traffic tickets!
Should you fight your traffic ticket?
Here are some important points to consider when deciding if you should fight your traffic ticket.
- Did you ever feel that when you received a traffic ticket you were already considered guilty?
- If you were told you were cheating on an exam, would you simply accept it?
- If your bank told you that you’re being charged a fee because you overspent, when you didn’t – would you just “pay it?
- Would you just accept being overcharged at the grocery store and not say anything?
"The average person’s experience with the police is nearly always with a traffic stop. Most of us are nervous with this singular encounter. The expectation is that you have been caught doing something against the law and the expectation is that you will just take the punishment of paying the fine." Robert Mackay
Make no mistake Traffic Tickets is an industry and the only significant revenue source, besides taxes, for the court system. Most cities and towns with a police force place the amount expected from traffic tickets as part of their yearly budget. Conflict of interest bleeds through the entire system.
Here are some of the many reasons why you should consider fighting your ticket:
- Civic duty - government considers it a good source of extra revenue. Fighting them discourages over-use
- Just paying the ticket costs money
- It will cost you more money when you renew your license
- Tickets affect your driving record
- Too many tickets can affect whether you can drive, or not
- It can affect your insurance premiums
- Points against your licence can add up quickly but take a long time to disappear
- Maybe you just want time to pay your ticket - fighting it often gives you more time
- You might not actually be guilty of anything
How to Decide Whether to Fight or Fold
Before assuming the ticket can’t be beaten and resigning yourself to writing out that check, we encourage you to take a hard look at the facts to see if you have a reasonable chance of success. You may be surprised at the variety of legal grounds available for defeating your ticket.
Here are some questions to determine whether going to court makes sense
- Was the officer’s view of what occurred obstructed by other moving vehicles or stationary objects like trees, fences, or buildings? If so, this allows you to argue that the officer could not have clearly seen the alleged offence and gives you an opening to sell your version of events to the judge.
- Did the officer stop the right car? It is quite possible in heavy traffic for an officer to see a violation committed by one white minivan (a 1995 Plymouth Voyager, for example) and to stop another (an almost identical white 1994 Dodge Caravan) farther down the road. Your ability to claim this happened (“the officer got the wrong driver, Your Honor”) obviously goes way up if you can show that because of a curve in the road, construction project, or just heavy traffic, the officer lost sight of the offending vehicle between the violation and pulling you over.
- Was there an actual, provable error in the officer’s approach or methodology? Inciting you for speeding, did the officer correctly pace your vehicle or properly use radar, or laser to establish your speed?
- Do any other legal defences exist to the law you’re charged with violating? For example, if you were charged with driving too slowly in the left lane of a multi-lane highway, it is a legal defence that you were planning to turn left.
Here is a list of more consumer tips by Robert MacKay
A Trusted Regina Legal Professional shares information about AMENDMENTS TO THE HEALTH INFORMATION PROTECTION ACT
The Health Information Protection Act (HIPA) was enacted in Saskatchewan in 2003 to govern and regulate the collection, use, and disclosure of personal health information. This legislation places duties and responsibilities on organizations and individuals in the health care system to ensure proper collection, use and safekeeping of personal health information.
You may not have known but some amendments to HIPA came into force on June 1, 2016. The amendments seem to be aimed at increasing the protection and safekeeping of personal health records and increasing accountability of trustees and their employees in handling those records. The amendments include the following:
- If personal health records are found unsecured, the trustee responsible for the records will be found strictly liable for the offence unless he/she can established that he/she took all reasonable steps to prevent the infraction.
- An employee of a trustee can be held liable for intentionally using, accessing, or disclosing personal health information without authorization. These provisions seem to be targeted at individuals “snooping” into the personal health information of others.
- A new provision implements a system to quickly respond to the discovery of abandoned or unsecured records and to take control of the records.
The Government of Saskatchewan has further advised that new privacy legislation, including The Freedom of Information and Protection of Privacy Amendment Act, 2016 and The Local Authority Freedom of Information and Protection of Privacy Amendment Act, 2016, is currently being introduced and is expected to come into force in 2017.
A lawyer should be consulted to determine the legal implications of provincial and federal privacy legislation on your privacy and access interests.
This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.