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I have a question ..... can someone show up in court for…

Customer Question
Hi I have a...

Hi I have a question ..... can someone show up in court for someone else for a driving with no insurance charge?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Alberta

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 2 months ago.Category: Canada Law
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Answered in 9 hours by:
12/17/2017
Lawyer: Debra, Lawyer replied 2 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,978
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 2 months ago

I am sorry to hear that you are in a difficult situation.

Are you asking about a lawyer or legal representative attending court without your attending or are you asking about someone else attending for the purpose of seeking an adjournment?

Do you have a ticket only or is there a summons?

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Customer reply replied 2 months ago
It’s a driving without insurance charge. My daughter is planning on showing up for court for her step brother and pleading guilty for him.
Customer reply replied 2 months ago
Is this going to cost $79?
Lawyer: Debra, Lawyer replied 2 months ago

You paid a deposit of $5 and another price for the question. I don't know what you paid. The $79 is for phone call.

Do you want to go ahead?

If you do please answer this question that you missed:

Do you have a ticket only or is there a summons?

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Customer reply replied 2 months ago
I don’t have either it is my daughter’s stepbrother who is charged with driving without insurance
Lawyer: Debra, Lawyer replied 2 months ago

But did he receive just a ticket or an actual summons to attend court?

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Customer reply replied 2 months ago
There is a court date set
Lawyer: Debra, Lawyer replied 2 months ago

I understand that.

This is more complicated than you think and here is why.

This is a very serious charge. If it's a first charge his fine will be at least $2500 if it's a second offence there is a mandatory jail term. This is not something that can be treated like any other ticket where one pleads guilty and puts it behind them.

This step-brother needs to get legal advice here and it is likely best that a paralegal or lawyer step in. He needs someone who understand how this works. It is not logical for someone to plead guilty to this offence just like that. In many cases the Crown will agree to a plea bargain where the driver can plead guilty to a lesser offence with less serious ramifications.

So your daughter cannot attend on his behalf as a lay person and say she is pleading guilty. If he had a summons and I assume that is what happened even though you don't know, a bench warrant will be issued for his arrest if he doesn't attend unless a lawyer or other legal representative attends for him to seek an adjournment.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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