GUILTY PLEA - FACTS

Once the clerk has read the traffic offence to you, the prosecutor will begin reading the facts according to the charging officer. Listen carefully and ensure all the facts are correct. The Justice of the Peace will then ask you if you have anything to say regarding the facts. If they are all correct, answer "I agree with the facts your worship". If the facts surrounding the day in question are different from how the prosecutor describes them, make it known to the Justice, especially if the incorrect facts make the charge more serious. For example you were speeding 90 in a 50 zone and the prosecutor claims there were children in the area when in fact school was not in session and there were no children. Only address a fact if it would have an effect on your sentence but not your guilt. Be sure not to address a fact that determines your guilt as your plea will be quashed and a trial ordered. After facts are read in and the defendant agrees or addresses issues with the facts, the Justice will ask for submissions on penalty.


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