Legal advice sought

On   there, I am Rick (Canada...CR)

Looking for some CR advice on following incident.  Thanks for your help!

This past March, driving towards Jaco from Orotina, down a hill slowing down, signalling to turn left, looked in rear view mirror all traffic slowing....approaching a soda, slower looking for a parking spot and then turn in.  Felt a thud, heard a noise.  Parked got out and saw a motorcyclist laying in middle of road.  He obviously had slowed down too wherever he was in traffic but decided to pass everybody.  Called INS .  Ppl helped him and called transit police.  Wife and I stayed at our vehicle and made ourselves available.  Two levels of transit police arrived and I gave my statement.  A Jaco lawyer saw it and offered up his business card....only as witness to verify I had my left turn signal on.  Received a...citation?...no fine attached.  No damage to his bike other than rubber knob at end of bars was torn.  I took pics of scene, his bike and so on.  He lay on road like he was dying yelling something to me.  After two ambulances showed up and helped him, he walked with a little assistance favouring arm into back of one.  I had 10 days to file a declaration.  Told to go to San Mateo, hired a translator for 3hour trip each way.  San Mateo courthouse said go to Jaco.  Went to Jaco.  Presented traffic police document.  They have a court-appointed translator...Ughh!!!paid a lot of money to bring this person down for a whole day.  Anyways filed our declaration just days before we returned to BC.  Jaco court said so minor probably nothing will come of it.  Last week got email to show up for Jaco court hearing July 10.  Contacted my CR lawyer and asked for a delay until November.  Court came back and said he is not recognized as he was not with me when I submitted declaration???.  This is a traffic court, not criminal.  It would cost me me 3-5000 to go down for two weeks....try to find out what is going on and how to tackle it.  Just wondering what would be the worst case scenario if I didn't go back down on July 10.  Just don't know where to turn.  Any help would be appreciated.  I know it has the making of a reality show, right?  Cheers....Rick

Consider talking with Rick Philps, a Canadian lawyer who is a naturalized citizen of  Costa Rica and practices here.

I've heard things, but don't know the facts.
I would try contacting some English speaking (or Spanish speaking if you speak Spanish fluently) attorneys and ask them. You can probably find some online and call from there using skype or whatsapp or magicjack or ?

Please report back here with what you learn about this. Good luck!

Hi Rick,

In most cases and courts an attorney can appear on behalf of the client, including appear in court, or request a rescheduling of a hearing, and without the client having to be present.  However, for this a valid special judicial power of attorney must be validly granted.  Since you are not in Costa Rica, and because Canada is not a party to The Hague Apostille Treaty, you would need to grant the PoA before a Costa Rican consul (for example in Ottawa), or else hire a Canadian notary instead to legalize the PoA for you.

One more thing:  if you are involved in a traffic accident where someone got wounded (don't know if that is the case), then the case would be processed in a criminal court instead of a traffic one (because of the "lesiones").   

Let me know if you need further help, I am an attorney myself.

Cheers,

Carlos Angulo

OMG welcome to the madness..........we have just completed a lengthy court battle of almost 5 years over "nothing".  Cost us thousands of dollars, time and now we don't even want to return to CR.  The system is so mixed up.  I would definately do as the first post says and contact the Rick Phelps (we know him), used him and then he referred us to a different lawyer as our case (which was a property issue) was dealt with in criminal court??????  Anyways unfortunately I think you are in for a very long ride.  The legal system in CR is not the same as North America and sucks the life out of you (as well as money).  Pura Vida (my ass)!

I'd say, and pardon my language, screw the motorcycle guy. Do not come down and forget it happened. If it were the other way around, the motorcycle driver would never show up nor pay if you had been injured.   In these banana republics, people think that gringos /foreigners are so afraid of the law they pay all the time even if it isn't their fault. Do not worry. That's my humble advice.

Rick is my Costa Rica neighbor, when here, and that was his first and only post.  The hearing took place and he is golden!

Thank you everyone for the intel.

However, what would be the potential consequences of ignoring a fine or traffic ticket? For example, to what extent would the inefficiency of communication between departments in CR benefit someone who received a large fine (no injuries) and that expat does not pay? Current resident, but will be leaving soon. However, do plan to visit in the future.

Thank you

From what I've heard they might stop you from leaving at the airport. Someone else told me that isn't true so I'm not sure.
How large is the fine and for what was it given?
Have you asked your attorney?
You could try a test flight out of the country - maybe a quick trip to Panama or Nicaragua or ? and see if they let you out... ?

Leaving the country by any means, without paying this fine, could find you 'guilty of skipping out of the country' with added charges. So are you willing to risk it?

If there were no injuries, I can't see that the case would even go to court.  Especially since the damages to the motorcycle were minimal....good think you took photos.  This does not mean, though, that the guy can't claim injuries after the fact which is what happened in my case.

What a freakin' nightmare!  So sorry for all this trouble.