FYST - Should you hire a lawyer?

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Should you hire a lawyer?

This is entirely your call. For most drivers with good driving records, a lawyer is not needed. Everyone can defend themselves adequately. The services of a lawyer are not cheap, and you and I are not famous football players. The economics behind it is simple: which way will cost me more down the road? Will saving hundreds of dollars of legal fees worth the risk of paying thousands more in insurance premium surcharges?

Definitely hire a lawyer if:

jail is a possible sentence under the offence you are charged with. If you are charged under part I of the Provincial Offences Act, jail term is not possible. If proceeding commenced under part III, jail term is allowed; or
you are charged under the Criminal Code.
you have accumulated at least 13 demerit points on your license, not including this offence. The minimum offence in Ontario is a 2-point offence, so a conviction on this ticket will immediately cause your license to be suspended.
you exceeded the posted speed limit by 50km/h or more. Suspension of your license for 30 days is possible with this offence.

Hiring a lawyer is highly recommended if:

the offence is at least a 3-point offence, and this offence will cause your license to be suspended. With the help of a lawyer, you may be able to plea bargain it down to a lesser offence.
you already have a blemished insurance record.

Hiring a lawyer is a viable option if:

you are from out-of-town and going to court is inconvenient. It is a misconception that you must appear in person for hearings/trials. An agent can appear on your behalf, unless the court orders that you must be present.

It is a waste of money hiring a lawyer if:

you have a perfect insurance record; and
you exceeded the posted speed limit by 49km/h or less; and
your demerit points tally won't go over the danger zone with this offence.

Often, in a minor traffic offence, a paralegal is a much better choice simply because it is a lot cheaper. Traffic offences are not complicated matters so most reputable paralegals can handle it just as well. Some firms even advertise a "No win, don't pay" policy. Wise consumers will read the fine print of what they mean by "win". Sometimes a reduction of points is considered a win, so buyer beware.

You should remember in most traffic cases, lawyers or paralegals rarely go all the way to fight the tickets on your behalf. Plea bargaining saves time, money and is less risky. If you plan to fight it all the way, either crack open the wallet or just represent yourself. I agree a lawyer costing $200 an hour will have the average traffic cop going in circles, but it is not worth it unless money is no object to you.

Recently I had the pleasure of watching a real lawyer fighting his own speeding ticket in court. He literally had the cop in panic as holes in the cop's testimony were exposed one by one, and no procedural matter was left unexploited. But the end result? The lawyer was still convicted because the judge just didn't see fit to buy the lawyer's arguments on that day. The outcome of a trial can be very unpredictable, so be open to plea bargaining options before it becomes too late. And remember lawyers don't always win. If you lose, you pay the fine, take the points, AND pay the lawyer. That's a big hit in your wallet.

Read on, if you don't want to hire someone to represent you. The rest of the material is written for you. If you have decided to hire a lawyer, still read the rest of this site to arm yourself with more information.

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