Point DutyTraffic Court Defence and Legal Services
Frequently Asked Questions

Answers, plainly.

The questions we get most often, with direct answers. If something below doesn’t cover your situation, the first call is free — twenty minutes is usually enough to give you a real read on the matter.

Traffic tickets & HTA

  • Should I just pay my ticket?

    Paying the ticket is a guilty plea. The conviction goes on your driving abstract, your insurance company sees it on renewal, and demerit points apply. In most cases the math works in your favour to defend — a reduction to a non-moving violation can save thousands in insurance premiums over the next three to five years. Even when full withdrawal isn't possible, reducing speed, points, or charge classification almost always pays for itself.
  • Will fighting a speeding ticket actually save me money on insurance?

    Usually yes, often by more than you'd expect. A single speeding conviction typically raises premiums 5–15% for three years. A careless driving conviction can raise them 20–25% for six years. The combined hit on a single conviction often runs $1,500–$5,000 over the policy life. Even a moderate reduction in the charge can substantially reduce or eliminate the increase.
  • What's the difference between careless driving and stunt driving?

    Careless driving (HTA s.130) is charged when an officer believes a driver departed from a reasonable standard of care — often laid after a collision. It carries up to 6 demerit points and significant insurance impact. Stunt driving (HTA s.172) is much more serious: speeds of 40+ km/h over the limit (in zones up to 80 km/h) or 50+ km/h over (above 80 km/h), plus racing and other specified conduct. It comes with an automatic 30-day licence suspension and 14-day vehicle impound at roadside, plus heavy fines, possible imprisonment, and the highest insurance consequences in the Highway Traffic Act.
  • I got a stunt driving charge. Will I get my licence back?

    The 30-day suspension is automatic and applies at the roadside regardless of how the case turns out. The longer-term licence consequences — additional suspension on conviction — are what we fight against in court. Successful defences include challenges to the calibration and certification of the speed-measuring device, Charter motions on the stop, and identification issues. Most files have a defensible angle; the question is which one fits your facts.
  • How many demerit points until I lose my licence?

    For a fully-licensed G driver: a warning letter at 6 points, an interview with the Ministry at 9, and a 30-day suspension at 15. Novice drivers (G1, G2) face escalating consequences much sooner — 4 points triggers a warning, 9 points triggers a suspension. Demerit points fall off two years after the offence date, not the conviction date.
  • My ticket was issued in a different city. Do I have to go there to fight it?

    We file the necessary appearances on your behalf and attend the courthouse for you in most matters — meaning you usually don't have to travel for procedural appearances. For trial dates, you typically need to attend if you're a witness in your own defence, but we'll discuss what that involves long before it becomes relevant.

Criminal charges

  • Can a paralegal really defend a criminal charge?

    For summary conviction matters — the less serious of the two paths the Crown can take on most criminal offences — yes. Paralegals in Ontario are licensed by the Law Society to represent on summary criminal matters, including assault (s.266), theft under $5,000, mischief, cause disturbance, and similar charges. For indictable matters, or charges where the Crown has elected to proceed by indictment, you need a barrister. We'll tell you which one applies to your matter on the first call and refer you to a trusted criminal defence lawyer if a barrister is required.
  • Will this charge go on my permanent record?

    A finding of guilt on a summary criminal charge creates a criminal record. Withdrawals, peace bonds, and absolute discharges do not. Conditional discharges create a temporary record that's removed after three years. For first-time accused, our goal in most files is one of those non-record outcomes — through Crown resolution, diversion programs (where eligible), or substantive defence at trial.
  • What's diversion and am I eligible?

    Diversion (sometimes called Direct Accountability or Alternative Measures) is a program for low-risk accused, often first-time, that resolves the matter without a criminal record. The accused completes specified conditions — community service hours, counselling, restitution — and the Crown withdraws the charge on completion. Eligibility depends on the offence, the accused's record, and the local Crown's policy. We screen for diversion on every file where it's a realistic option.
  • The Crown offered a peace bond. Should I take it?

    A peace bond (s.810) is an order to keep the peace and be of good behaviour, usually for 12 months, with no admission of guilt and no criminal record. For many summary matters it's a strong outcome — the charge is withdrawn in exchange for the bond. But it has consequences: it may show on certain background checks, and breach is itself an offence. We'll review whether it makes sense on the evidence specific to your file before recommending it.
  • I was charged but I didn't do it. What happens?

    An accusation is not a conviction. The Crown bears the burden of proving every element of the offence beyond a reasonable doubt — that's a high bar. Our practice is to read every page of disclosure line by line, identify procedural deficiencies and substantive defences, and prepare for trial if that's what your facts warrant. Many wrongly-accused files end in withdrawal once disclosure is examined.

Cost & process

  • How much does it cost to defend a ticket or a charge?

    Fees vary by matter complexity, court location, and whether the file goes to trial. Most traffic matters resolve at the Early Resolution stage and fall in a predictable fee range; criminal summary matters with trial preparation involve more work. We give a clear fee quote on the first call after understanding your matter, with no obligation to retain. There are no surprise charges.
  • Do you charge upfront or after the case is resolved?

    Most matters are handled on a flat-fee retainer paid at engagement. This means you know the cost up front and aren't paying by the hour or worrying about the meter running during a court date. For longer or more complex files, fees may be structured in phases (e.g. Crown screening, trial preparation, trial) so you can decide at each stage whether to continue.
  • The consultation is free — what's the catch?

    No catch. Twenty minutes on the phone, confidential, with no obligation to retain. If your matter is outside our scope, or if the most cost-effective answer is to just pay the ticket, we'll tell you that. We've been doing this since 2002 — referrals have always been the foundation of the practice, so giving honest advice on the first call matters more than closing every prospect.
  • How long does my case take to resolve?

    Traffic matters typically take 4–12 months from first appearance to resolution, depending on the courthouse backlog. Criminal summary matters take longer — six months to a year or more is common, especially if disclosure issues or pre-trial motions come into play. Early resolution discussions can sometimes accelerate matters significantly. We'll give you a realistic timeline once we've seen disclosure.
  • Do I have to attend court myself?

    For most procedural appearances (first appearances, Crown pre-trials, set-date appearances), no — we attend on your behalf. For trial dates, your attendance is usually required if you're a witness in your own defence. For certain pleas, your in-person attendance may also be required. We'll walk through which appearances you need to be at well in advance.

Working with Point Duty

  • Will I work directly with Kerlan, or with an assistant?

    Every file is read, prepared, and argued by Kerlan personally. There's no rotating intake desk and no associate you've never met showing up to court. When geography or scheduling demands it, a small network of trusted associate paralegals across Ontario covers appearances — but the principal stays on the file from first call to last appearance.
  • Where are you based?

    Point Duty is based in the Greater Toronto Area and appears most frequently in Toronto, Mississauga, Brampton, Hamilton, Oshawa, Milton, Orangeville, and Newmarket. We accept retainers from across Ontario and travel to other jurisdictions when the matter warrants it.
  • What if my court date is tomorrow?

    Call the office today. Adjournments are routinely granted on first appearance, which means we can usually request additional time to obtain disclosure and prepare. The sooner you reach out, the more options remain on the table. Don't miss the appearance — failing to attend creates additional consequences.
  • Can we meet in person?

    Most consultations and file work are handled by phone, email, and video — it's faster for you and more efficient for the file. In-person meetings are available when the matter genuinely benefits from them; we'll suggest it when that's the case.

Scope & referrals

  • Is a paralegal cheaper than a lawyer for a summary charge?

    Generally yes, sometimes substantially. For matters within paralegal scope — summary conviction criminal offences, HTA tickets, small claims up to $50,000, and LTB hearings — paralegal fees are typically a fraction of what a barrister would charge for the same matter. The reason is structural: lawyers carry the overhead of a full barrister's practice; paralegals are licensed for a defined scope and operate on a leaner cost base. The defence work itself — disclosure review, Crown negotiation, trial preparation — is the same. If a paralegal is licensed to handle your matter, you generally pay less for the same outcome. If they aren't licensed for it (indictable matters, complex civil litigation, family law), a lawyer is the right and only call.
  • When do I need a lawyer instead of a paralegal?

    You need a barrister for indictable criminal charges (robbery, break-and-enter, drug trafficking, sexual assault, and similar), for matters where the Crown has elected to proceed by indictment, and for non-criminal matters outside paralegal scope — family law, complex civil litigation, wills and estates, and corporate work. We're licensed for summary conviction and Provincial Offences Act matters, small claims up to $50,000, and Landlord and Tenant Board hearings. Beyond that scope, we refer to trusted Ontario lawyers.
  • What if my matter is outside your scope?

    We say so on the first call and refer you to the right professional. Wasting your time pretending we can take a file we can't help on doesn't serve anyone. Most lawyers in our referral network offer their own free or low-cost initial consultations.
Didn't find your question?

Just ask.

The first call is free, confidential, and without obligation. If your matter isn’t in our scope, we’ll say so and refer you to the right professional.