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905-581-1006

XPolice Hamilton
  • Home
  • The Process
  • About Us
  • Services & More
    • Notary/Commissioner
    • Post-Conviction help
    • FAQs

Frequently Asked Questions

Please reach us at info@hamiltonxpolice.ca if you cannot find an answer to your question.

 

Many people think traffic tickets are just a minor inconvenience, but paying a ticket is the same as pleading guilty. That guilty plea results in a conviction on your driving record.


Convictions can lead to demerit points, higher insurance premiums, and even licence suspensions depending on the offence. For novice drivers, the penalties can be even more severe, including mandatory suspensions and the risk of losing your licence entirely.


Fighting a ticket gives you the chance to protect your record, reduce penalties, or have the charge withdrawn. In many cases, the cost of defending yourself is far less than the long-term cost of a conviction.


 Yes, you can. The Provincial Offences Act is designed so that people can represent themselves in court. However, before you decide to go it alone, it is wise to at least speak with an XPolice Hamilton paralegal to get legal advice.


Some charges that appear straightforward are actually quite technical. For example, speeding is a common offence, but the legal and procedural requirements for proving it can be complex. More serious offences may carry harsh penalties such as licence suspensions, probation, or even jail time.


A licensed paralegal will review your case, identify any legal arguments you might not be aware of, and advise you on the best strategy for your situation. While you may be able to represent yourself, and you may even be successful, getting professional advice ensures that your rights are protected and that you fully understand the potential consequences of your charge.


Probably not. Prosecutors represent the public interest, not individual drivers, and their job is to enforce the law. While they may consider your circumstances, they are not there to “take your side.”


That said, there are situations where a prosecutor may agree to reduce or withdraw a charge — but this usually happens because of legal issues, problems with the evidence, or as part of a negotiated resolution. A strong legal strategy and proper preparation are far more effective than simply telling your story and hoping for the best.


It depends on your specific case. In many situations, we can attend court on your behalf, meaning you will not need to be there. However, there are cases where your attendance is required — for example, if you are ordered to appear by the court or if you need to testify as part of your defence.


In some situations, not attending can even be a strategic advantage, while in others your presence may help your case. When you hire us, we will review the details of your matter and let you know whether your attendance is necessary. You are always welcome to be present for the proceedings if you wish.


In some cases, the best or only way to present your defence is through your own testimony. If certain facts are in dispute, or if your version of events is essential to your case, you may need to take the stand and give evidence under oath.


We will never ask you to testify without preparation. If your testimony is needed, we will review your evidence with you in advance, explain the process, and prepare you for cross-examination by the prosecution. 


The decision to testify is always discussed with you beforehand, and we will only recommend it if we believe it is in your best interest.


We wish it were that simple. Whether a charge can be withdrawn depends on the facts, the law, and the evidence in your case. Our job is to review everything — disclosure, legal procedures, and possible defences — to determine the best strategy for you. 


In some cases, a withdrawal is possible. In others, we focus on reducing the charge, avoiding demerit points, or minimizing the impact on your record. There is no “one-size-fits-all” answer, but we will always fight for the best result your case allows.


Not always. While some people believe an absent officer means an automatic win, that is not the case. The prosecution may request an adjournment to set a new trial date, or they may proceed using other witnesses or certified evidence.


If the matter continues without the officer, it becomes the defence’s job to challenge the remaining evidence and argue why the charge should not stand. This requires knowing the rules of evidence, court procedure, and the legal grounds for dismissal.


At XPolice Hamilton, we understand how to approach these situations strategically, whether it is pushing for a withdrawal or defending the case at trial. An officer’s absence can be helpful, but it is never a guarantee — the right legal strategy is what makes the difference.


No one can promise a specific result in a legal matter. Since May 1, 2007, paralegals in Ontario have been regulated by the Law Society of Ontario, which sets strict rules for how we provide legal services. These rules are in place to protect the public and ensure your case is handled with integrity.


In the past, some companies would make claims like “we’ll save your points or pay your fine.” Not only are such guarantees now prohibited, but they can also be misleading and may not serve your best interests.


When you hire XPolice Hamilton, you get licensed professionals who will review your case thoroughly, explain your options clearly, and work to protect your rights. We focus on strategy, transparency, and giving you the best possible defence — not on making promises that cannot be kept.


Paying the fine is the same as pleading guilty, which automatically results in a conviction and, if applicable, demerit points. There is no way to pay a ticket without accepting the conviction. 

However, in many cases we can work toward a resolution where the charge is reduced to an offence with no points, or even have it withdrawn entirely. 

The sooner you get advice, the more options you may have.


In most cases, yes. Insurance companies use your driving record to assess risk. A conviction for a traffic offence — even a minor one — can result in higher premiums. The amount your rate increases depends on the type of offence, your driving history, and your insurer’s policies.


Some charges can have a small impact, while others can cause your premiums to rise dramatically or make you ineligible for standard coverage. For professional drivers, the impact can be even more serious.


By fighting the ticket, you may be able to avoid a conviction or reduce it to an offence that does not affect your insurance. We can review your specific situation and help you understand the potential consequences before you make a decision.


Yes, but it is not a free pass. A clean record can sometimes help in negotiations with the prosecution or influence how a justice views your case, but it will not erase a charge on its own.

Some offences are treated very seriously regardless of past history, especially those involving high speeds, careless driving, or collisions. While a good driving record is an advantage, you still need a strong defence to protect it.


It depends on the type of error. Minor clerical mistakes, such as a misspelled name or wrong colour of vehicle, usually will not result in a dismissal. 

More significant errors, especially those affecting the legal validity of the charge, could lead to the ticket being withdrawn. 


The only way to know for sure is to have the ticket reviewed by a professional who understands the legal requirements. We assess whether the error is something the court can fix, or something that could end your case.


 

The fine you see on a ticket is often the smallest part of the total cost. Paying it means accepting a conviction, which can lead to higher insurance premiums, demerit points, and possible licence suspensions. For professional drivers, it could even mean losing the ability to work.


Our fee reflects the time, skill, and preparation that goes into reviewing your case, identifying possible defences, and representing you in court to protect your record. In many cases, the cost of hiring us is far less than the long-term financial impact of a conviction.


Even if the charge and penalty remain the same, you will know that every option was explored, every argument was considered, and your rights were fully protected. That peace of mind is something you cannot get by simply paying the ticket.


Price is important, but it should not be the only factor when choosing legal representation. 


A lower fee does not always mean the same level of service, experience, or strategy. At XPolice Hamilton, you are hiring licensed professionals who review every detail of your case, explore all possible defences, and appear in court on your behalf when needed.


We focus on protecting your licence, your record, and your long-term costs — not just on offering the lowest price. In the end, a cheaper service can end up costing you far more if it does not achieve the best possible outcome.


Legal fees pay for the time, skill, and preparation that go into your defence, not for a guaranteed result. No representative can promise a specific outcome, and court decisions are ultimately made by the judge or justice of the peace.


If your case does not end the way you hoped, your fee is not refunded. However, our focus is always on giving you the strongest possible defence, exploring every option, and working toward the best achievable result. In many cases, even when a conviction cannot be avoided, we can reduce the penalties, points, or long-term costs you face.


You are always in control of the final decision of how your case is handled. Our role is to give you clear, honest advice based on the facts, the evidence, and the likely outcomes. 

If you choose a different path than what we recommend, we will either follow your instructions (as long as they are lawful and ethical) or, if we cannot continue on that basis, we may withdraw from representing you.


We encourage open communication — if you disagree with our advice, we will explain our reasoning in detail and answer your questions so you can make an informed choice.


Demerit points are added to your driving record when you are convicted of certain traffic offences. The number of points depends on the severity of the offence — for example, minor speeding may be 3 points, while stunt driving is 6.


Contrary to popular belief, you do not “lose” points from a starting balance. Instead, you start with zero and gain points for convictions. Too many points can lead to warnings, mandatory interviews, or licence suspensions.


Novice drivers face stricter limits, meaning fewer points are needed before penalties apply. Demerit points stay on your record for two years from the offence date, and insurance companies can see them as part of your driving history.


Disclosure is the evidence the prosecution plans to use against you. This can include officer notes, witness statements, photographs, radar or lidar readings, and any other relevant documents or recordings. You have a legal right to receive disclosure before your trial so you can prepare your defence.

Sometimes disclosure is incomplete or missing key information. This can be used to your advantage, but only if you know what should be included and how to request additional evidence. A paralegal will review your disclosure carefully and determine whether further requests or legal motions are needed.


A legal defence is a valid reason in law why you should not be found guilty of a charge. Defences can focus on the facts, the law, or the procedure followed in your case. Examples include challenging the accuracy of evidence, showing that the legal requirements of the offence were not met, or proving that your rights under the Charter were violated.

Not every case has a clear defence, but a skilled paralegal knows how to review disclosure, identify potential arguments, and present them effectively in court. Even when a complete defence is not available, strong legal arguments can still reduce the penalties you face.


An Early Resolution meeting is an informal meeting with the prosecutor, usually outside of court, to discuss your case. It is often used to explore possible resolutions, such as reducing the charge or agreeing on a lower penalty. No witnesses testify, and no judge or justice makes a decision at this stage.

A trial is a formal court hearing where evidence is presented, witnesses testify under oath, and the justice decides whether you are guilty or not guilty. Trials follow strict rules of evidence and procedure, and both sides have the opportunity to question witnesses and make legal arguments.



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