OTT Legal Burlington - Traffic Ticket Defense
530 Brant Street
Brant Street south of Fairview St, Burlington
Toll Free: 1.855.OTT.Legal
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Frank Alfano began his career in October 1990 when he started out being trained by a lawyer and defending friends "Pro Bono" (no fee). Although the first few years were incredibly tough and lined with challenges, this simply made Frank the strong trial litigator he is today. Now twenty years later Frank is now second to none in the courtroom. When you just need to win, look no further.
Frank has studied Criminology at Wilfred Laurier University and is a student at law through the University of London
Frank is a member of the Law Society of Upper Canada
Dear Frank Alfano, OTT Legal Hamilton
Thank you Frank... I am very pleased with this the results of my court case, and helping me with my traffic tickets. I appreciate all your work on this and cannot thank you enough for helping me through all of this mess. Sincerely, Colleen S. Hamilton
OTT Legal Services, Frank Alfano
Frank, I'd like to say thank you for the great job that you did for me - the outcome, in my opinion is terrific. I'm sure you thought I was a nuisance the last couple of days with my phone calls and emails - but it's over now, and I very much appreciate you representing me yesterday, and winning my traffic ticket. I will highly recommend you to all of my friends, the best! Thanks again, Teresa P Milton, Ontario
Frank Alfano, OTT Legal
Dear Frank, Many thanks for winning my traffic ticket. I feel like a weight has been lifted as I have been so upset since I received that ticket. I pride myself on being a good driver, I don’t take risks, rather be late that not arrive! Anyway, just cannot thank you enough. Take care Gayle C. Oakville
U-Haul seatbelt didn’t work, court hears By SARAH DEETH
“He was unrepresented,” Alfano said. “I felt an injustice would be done and I couldn’t listen anymore.
CAMPBELLFORD — The passenger-side seatbelt in a U-Haul cargo van was broken at the time of the crash that killed Gordon Annis of Peterborough, court heard. Mr. Annis, 46, died Nov. 30 after the U-Haul rolled into a ditch, ejecting him through a shattered window and pinning him beneath the truck.
His cousin, James Milne, was charged with careless driving and pleaded guilty in court in Campbellford.
An OPP constable, who is a licensed Class A mechanic, examined the U-Haul after the crash and found that the seatbelt device intended for Mr. Annis was locked in the retract position and wasn’t operable, Provincial Offences Court heard. The previous renter of the same U-Haul had complained that the seatbelt didn’t work, court heard.
At sentencing yesterday, justice of the peace Jason Mariasine gave Milne a year of probation, 60 hours of community service, a $1,000 fine and restricted his driving to work-related purposes.
The Crown was seeking 90 days in jail.
Milne was unrepresented for his guilty plea, but during prosecutor Fordham’s sentencing submissions Frank Alfano, a Hamilton Traffic Ticket court agent, stood up and offered his services to Milne free of charge!
The traffic ticket court heard Milne rented the 1998 U-Haul van from the Number Seven Auto Plaza in Havelock Nov. 30 to help him move furniture.
Matthew Drummond sat in the cab of the vehicle with Milne and Mr. Annis, and Stokes and Brian Jackson sat in the cargo area of the U-Haul with the furniture.
Milne was driving north on County Road 30., court heard, when he failed to negotiate a curve. The U-Haul crossed into oncoming traffic, hitting a county road sign.
The impact was severe enough to break the rear spring shackles and shift the rear axle rearward. The U-Haul rolled onto the passenger side and slid into a ditch.
Milne made choices that created the scenario leading to the death of Mr. Annis, Fordham said.
“We know Mr. Milne rented the U-Haul, we know he chose to operate the vehicle on a highway with the seatbelt inoperable,” Fordham said, adding that Milne chose to drive a heavily weighted vehicle with two unsecured passengers sitting in the cargo area.
Mariasine asked Milne if he “twisted anyone’s arm” or forced the passengers into the van. Milne said no.
“So they made some choices on their own,” Mariasine said, at which point Frank Alfano stood up to help the unrepresented defendant.
Alfano said the Highway Traffic Act is clear on the law, in that Annis made his choice to sit in the passenger seat without a seatbelt.
Alfano said a fine of $1,000, a year of probation and restrictions on Milne’s driving would be a more than enough of an appropriate sentence for a traffic ticket, and that jail is totally unwarranted.
To send Milne to jail would punish him for a decision someone else made, he said. “At the end of the day, we have to ask, ‘What did he do wrong?’” Alfano said. “He failed to negotiate a curve.”
In response to Alfano’s submissions, Fordham said that in saying Milne’s passengers had a choice minimizes the role Milne played in the crash. “How can one wear what was not there and what was not provided?” Fordham said, referring to the dysfunctional seatbelt.
“When you drive a motor vehicle you have ownership over what goes on in that motor vehicle and how it goes down the road,” Fordham said.
Mariasine said the court had to consider if Milne’s actions were intentional and wilful. “Given the totality, given that you’re going to have to deal with this for the rest of your life, that in itself is a jail sentence,” Mariasine told Milne.
Milne would not comment on the case yesterday.
Alfano told The Examiner he decided to offer his services to Milne after listening to the sentencing proceedings in the court.
“He was unrepresented,” Alfano said. “I felt an injustice would be done and I couldn’t listen anymore.”
© 2011 The Globe and Mail Inc. All Rights Reserved.