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Your client, Benjamin Jacobs, was charged with speeding and failure to surrenderinsurance card. His date of birth is February 2 0 , 1 9 7
Your client, Benjamin Jacobs, was charged with speeding and failure to surrenderinsurance card. His date of birth is February Prior to retaining you,Benjamin requested an Early Resolution Meeting with the Prosecutor and hereceived notice that it was scheduled for Friday, September at :pm incourtroom M at Markham Rd Toronto, ON MB GInitial Meeting With ClientYou were retained by Benjamin on Tuesday, September contact informationfor Benjamin ; benjamin.jacobs@fakeemail.com At this meetinghe advised you that he would not be able to attend the scheduled Early ResolutionMeeting and asked if you could appear on his behalf. You told him that you wereplanning to go golfing on Friday you advised him that you would not be able to attendthe meeting. Instead, you completed a Request to ReschedulePostpone an EarlyResolution Meeting form attached ~ please complete this form for each offencebased on the information that has taken place so far in the scenario and yousubmitted it on Thursday afternoon.At your initial meeting, Benjamin advised you that he noticed quite a few errors onthe tickets and advised that neither one was signed by the Officer. You told him thatProvincial Offences Court is a waste of time and that everything gets amendedanyway, so its not even worth reviewing the charging document.Early Resolution MeetingThe Early Resolution Meeting was rescheduled to Monday, October Benjamin was not able to attend with you, but you guaranteed him that you wouldget the paper charge withdrawn and the speeding charge reduced so there wouldbe no demerit points.As soon as you met with the Prosecutor you told her that there were several errorson the tickets, told her not to waste any more of your time and insisted that bothcharges be withdrawn. She told you that she would be willing to withdraw theinsurance charge in exchange for a guilty plea on the speeding charge, but that shewas not willing to reduce the speeding charge. She further indicated that if you didntwant to accept her offer you would be entitled to request a court date for bothmatters. You became quite annoyed with the Prosecutor because you were certainthat she had the discretion to reduce the speed, but that she must be intimidated byyour knowledge and skill. You told the Prosecutor that you and your client pay herProfessor: Jennifer Zubicksalary though taxes and therefore, she needs to do her job properly. You threatenedto walk out of the Early Resolution Room and to take these matters to court. Youwere quite surprised when she handed you two yellow forms and ushered you out ofher office. When you looked at the forms you realized they were Notice of Intentionto Appear forms attached ~ please complete these forms based on the informationthat has taken place so far in the scenarioTrial Date #You were dealing with several matters in court on Monday, December Atthe end of the court tier, the Justice went through the deemed not to wish to disputematters. You heard Benjamin Jacobs named as a Defendant who failed to appearon a speeding charge and was convicted in his absence You also heard the Justiceindicate that the insurance charge would be quashed for Benjamin Jacobs.You recognized that name as that of one of your clients and then realized that yourbusiness had become so busy that you had forgotten all about his court date.ReopeningLater that same day, you asked Mr Jacobs to come to your office and you told himthe news. Luckily, he was understanding when you told him that he would have torequest a reopening. Please complete Form Affidavit in Support of aRequest for Reopening Mr Jacobs was able to accompany you to the court officeto have it sworn by Chris Commissioner who is a Court Administration Clerk and alsoa Commissioner of Oaths.Trial Date #The reopening was granted and a trial date was scheduled for Monday, February Mr Jacobs was convicted of speeding kmhr in a kmhr zone at trial. TheJustice of the Peace calculated the fine using the criteria set out in section ofthe Highway Traffic Act. However, the Justice did not specify how long Mr Jacobshas to pay itExtension of TimeOne week later, Mr Jacobs came into your office and told you that he establishedquite a debt while he was on strike from his job as a bus driver and that he wouldntbe able to pay any of the fine until he gets his first full pay cheque on Friday, March As such, you recommended a motion for extension of time to pay fine.Please complete Form Motion for Extension of Time to Pay FineAs he was leaving your office, you told him that it is more important that he pays yourbill than the fine because the court cant do anything to enforce payment, and youthreatened to have a collection agency after him right away
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