Automotive

Ask me anything about fighting your traffic ticket (Speeding, Parking, etc.)

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Franchise10 wrote: Hey Djino,

My brother in law got a ticket, here is what he told me.

----

I received a ticket Aug 29 2011 8:28am for crossing a solid line to avoid traffic. The solid line was an entrance ramp to the street I was on. On the ticket the crime I committed is "pass off road way (H.T.A. 150(2)). I was given a court date of April 12 2012. When I went to the court room I stated my intention to go to trial instead of taking a plea bargain. They waited until the whole room was cleared, took me outside the court room and asked why I was fighting the ticket. I informed them that I crossed the line to avoid an accident as the car in front of me braked suddenly and unsafely at the end of the lane which I could not see. The prosecutor and police officer told me I was liable. They then provided me with a copy of the officers handwritten notes and postponed my trial to Aug 9 2012.

What do you think are my best options now? Since my first court date was 8 months after the incident and the fact that it is now postponed (with my approval - was asked if postponing was okay since I wanted to get a court date) up to a year after the incident can I plead that its a violation of 11(b) charter?

Yes, 11(b) is your best option. Have your brother in-law follow the formal process as I outline in Post #3 .

Blank Form.
FORM 4F

Courts of Justice Act

NOTICE OF CONSTITUTIONAL QUESTION

R. v. Your Last Name
The Defendant, Your Name, intends to claim a remedy under subsection 24 (1) of the Canadian Charter of Rights and Freedoms in relation to a violation of subsection 11 (b) of the Charter by the Government of Ontario. The defendant seeks the remedy of a stay of proceedings.

The question will be argued on Your Court Date at the Name and Adress of Court House.

Offence: Your Charge; PON#: Your Offence Number; Offence Date: Your Offence Date; Trial Date: Date Of Trial; Time: Time Of Trial; Courtroom: Location Or Room Number.

The following are the material facts giving rise to the constitutional question: As shown above, Your Offence Date is the date of the offence and Your Trial Date is the date of the Trial. This period of time constitutes an unreasonable delay.

The following is the legal basis for the constitutional question: The defendant has a legal right to be tried within a reasonable time. The defendant has not waived his right to a speedy trial, nor has the defendant been found at fault for the delay. (R. v. Askov, 1990 CanLII 45 (S.C.R.)). The defendant's legal right to be tried within a reasonable time has been infringed and in doing so has violated the defendant's section 11 (b) Charter right. The defendant is requesting a stay of proceedings pursuant to Section 24(1) of the Charter.

(Date) The Date You Are Filing This With The Court ................... Your Name, Address, Phone Number (Also Sign it here)

TO[INDENT]The Attorney General of Ontario (as required by section 109 of the Courts of Justice Act)
Constitutional Law Branch
4th floor
720 Bay Street
Toronto, Ontario M5G 2K1
fax: (416) 326-4015


The Attorney General of Canada (as required by section 109 of the Courts of Justice Act)
Suite 3400, Exchange Tower
Box 36, First Canadian Place
Toronto, Ontario M5X 1K6
fax: (416) 973-3004

Court Name and Address

Prosecutor Name and Address
[/INDENT]
He can Fax it or Go in Person, but going in person will be better.
Franchise10 wrote: Also a lot of the police officers notes are written in shorthand, I want to ask for typed notes with no shorthand and also a copy of the by-law that I broke. Do you think this is a good start?
Yes, it wouldn't hurt to send another disclosure request to the prosecutor asking for typed of version of his notes. If he does not receive this before your trial, he can follow the same process above but by using Section 7 instead of 11(b).

If the Justice has issue with his 11(b) argument, this is where he should come prepared to state precedents (cases that were stayed with less of a delay than the 12 months he is experiencing). If needed, I can provide court cases where defendants have been successful with their 11(b) motion having experienced a delay with less than 12 months.


djino
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jackiechan511 wrote: Hi Djino.

I fight traffic tickets on an occasional basis and everything you have provided is accurate and helpful to everyone on RFD. Now I have a situation on my hands in which I'm defending on behalf of a friend. This is my first time defending as stop sign ticket and I know it's an absolute liability offense which isn't easy even to seasoned ticket fighters.
Any provincial offence such as a failure to stop at a stop sign is presumed to be a strict liability offence, though you may have difficulty convincing some Justices of this. So your first issue here is convincing the Justice that by default, this charge is, a strict liability offense.

Your best bet is to come prepared to state precedents (Previous 'failure to stop' offences where a Justice has considered this to be of strict liability). Let me know if you need assistance with finding such past examples.

http://www.canlii.org/
jackiechan511 wrote: This is what i have up to this point.
Disclosure contains the following:
Model and make, solo, date, time, a drawing of the intersection which is a four way intersection, where officer was positioned, and which direction the defendant was heading and wrote and quote (20km/h, didn't look left- officer managed to circle this for some unknown reason). That is all.

Also, not on the disclosure was that the officer was on a motorbike, hid behind a transit bus shelter to do his observations.


I know this is a tough fight but any suggestions. I do have one strategy to exploit but I need to be prepared at all costs.

So assuming you are successful in convincing the Justice that this is not an Absolute liability charge, but a strict liability, then you need to come up with a plan to argue Due Diligence (that the defendant took all reasonable steps to avoid committing the offence or that the defendant BELIEVED he had stopped when he may not have).

1) The next thing you will need to do is understand the charge: -> http://www.e-laws.gov.on.ca/html/statut ... 0h08_e.htm
"stop" or "stopping", when prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or of a traffic control sign or signal
Some people (including police officers) believe there is some 3 second rule when stopping at a stop sign, such a rule does not exist as per the HTA. One is required to stop, but the law does not state for how long. What if the police officer blinked?? So keep this in mind when you attempt to defend your friend.

2) You should also note that there is no requirement to stop AT THE stop sign as long as you have stopped at the line (or before the cross walk, or before the interesection). An example would be is if the defendant was behind another drive who stopped incorrectly, but the defendant was stopped at the line. The car in front continues into the intersection and the defendant follows without making another stop, the cop gives the defendant a ticket since he didn't stop after the car ahead of them continued into the intersection.

3) You may also want to take a look at Section 137.
Stop signs, erection at intersections
137. In addition to stop signs required at intersections on through highways,
(a) the council of a municipality may by by-law provide for the erection of stop signs at intersections on highways under its jurisdiction; and
(b) the Minister may by regulation designate intersections on the King’s Highway at which stop signs shall be erected,
and every sign so erected shall comply with the regulations of the Ministry. R.S.O. 1990, c. H.8, s. 137; 2002, c. 17, Sched. F, Table.
This states that there should be a by-law creating stop signs. Since it appears you didn't receive a copy of the by-law within disclosure, you "may" be able to argue improper disclosure and have the trial stayed.

4) You may also want to go back to the intersection for which the defendant was changed for failing to stop. Check to see if the Sign is visible from at least 60 meters away? What was the weather like on this day? <- How far away from the stop sign was the officer. Did it affect his ability to clearly see if the defendant had stopped? You really need to think of anything that can cast doubt on the officer's ability to see if the defendant did stop.

5) Take a look at this which gives you an idea of what questions you should ask the police officer during your cross examination.
Example Cross-Examination

Q. Were you facing the vehicle as it approached the intersection or were you off to the side?

A. I was parked at the corner, off to the side.


Q. Were you visible to traffic as it approached?

A. No. (He may say yes but get him to admit that traffic could not see him from a distance.)


Q. Did you see the vehicle slow down?

A. Yes but it didn't stop at the sign.


Q. We'll get to that in a minute. So you saw the vehicle slow down?

A. Yes.
So the police offer here admits that the defendant slowed down. Which should prove ones intention to stop at the stop sign.
Q. How fast was the vehicle going? (You want the officer to admit the vehicle was going as slow as possible, less then 5km/h would be great!)

A. 10km/h.


Q. Do you think you had a better perspective of whether the vehicle stopped watching from where you were located or did the occupant driving the vehicle have a better perspective?

A. I would say I did. (If he says you did, he's admitted that your perspective is better than his and your testimony is more valid!)


Q. So you are in a better position to see if the vehicle stopped?

A. Yes.


Q. So the driver may think he has stopped but you could see whether he has or not?

A. Yes.
You have just got the police officer to admit that the defendant 'believed' he stopped when the defendant actually had not. This proves the defendant's intention was too stop especially if the police officer was visible to oncoming traffic (otherwise the defendant would not have slowed down). <-- Due Diligence defense.

But remember the first step is to convince the Justice that this charge is not an absolute liability otherwise the above won't work and you will need to devise another strategy. I hope this is enough to assist in building a good defense for the defendant.


djino
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djino wrote: Yes, 11(b) is your best option. Have your brother in-law follow the formal process as I outline in Post #3 .

Blank Form.

He can Fax it or Go in Person, but going in person will be better.

Yes, it wouldn't hurt to send another disclosure request to the prosecutor asking for typed of version of his notes. If he does not receive this before your trial, he can follow the same process above but by using Section 7 instead of 11(b).

If the Justice has issue with his 11(b) argument, this is where he should come prepared to state precedents (cases that were stayed with less of a delay than the 12 months he is experiencing). If needed, I can provide court cases where defendants have been successful with their 11(b) motion having experienced a delay with less than 12 months.


djino
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Thanks Djino. I will pass this information to him. Do you think its unreasonable to request the written notes to be typed without shorthand? I will tell him to go in person if possible and get the correct stamp. Also, since already talked to a prosecutor and did not get a court case will the Justice of Peace throw out his claim (second time going to speak regarding this matter)?
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Jun 1, 2012
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Hi Dejino,

I got pulled over last week, for speeding. i was going 130km/h in a 100km zone. I had a passenger in my car that was smoking some pot about an hour before we got pulled over. When the cop approached the vehicle, he stated it smelt like pot, and told me he was pulling me over for speeding. the passenger admitted it was his and that i had none ( which i did not) .

From reading this forum, i understand i should choose the option to trial, and than request a disclosure. My question is, will the disclosure state the pot? or will it just state i was speeding.

thanks in advance!

any help is appreciated!
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Franchise10 wrote: Thanks Djino. I will pass this information to him. Do you think its unreasonable to request the written notes to be typed without shorthand?
It is NOT unreasonable at all and is usually included in ones disclosure request.

See Sample Disclosure Request as posted in the OP
Franchise10 wrote: Also, since already talked to a prosecutor and did not get a court case will the Justice of Peace throw out his claim (second time going to speak regarding this matter)?

I'm not understanding this question.



djino
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garryde wrote: Hi Dejino,

I got pulled over last week, for speeding. i was going 130km/h in a 100km zone. I had a passenger in my car that was smoking some pot about an hour before we got pulled over. When the cop approached the vehicle, he stated it smelt like pot, and told me he was pulling me over for speeding. the passenger admitted it was his and that i had none ( which i did not) .

From reading this forum, i understand i should choose the option to trial, and than request a disclosure. My question is, will the disclosure state the pot? or will it just state i was speeding.

thanks in advance!

any help is appreciated!

This may be noted in the cops notes yes, which would be contained in disclosure. But this has really no baring on your ticket unless you decide to bring the passenger in as a witness. So for now, forget about considering the passenger as a witness since your passenger's credibility will be blown out the water after the prosecutor's cross examination of this passenger.

This doesn't mean you have no case. Just that you should not use your passenger as a witness. But yes, request a trial. Wait for notice of trial date, then request disclosure. Once that is received, come back and we'll discuss!

djino
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OK I got pulled over yesterday for expired tag. I was driving my wife's car. We recently moved, so my driver's license was still my parent's address. My wife's ownership info was her old address on top of all this her new insurance slip was not with her (she had her old one with the same company). We have insurance of course.

All together we got 4 tickets, 3 for failure to change address and expired tag and one for failure to present insurance.

Can we just get the paper work all fixed up and present them to the prosecutor? What are the chances of getting off?
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chickenbones wrote: OK I got pulled over yesterday for expired tag. I was driving my wife's car. We recently moved, so my driver's license was still my parent's address. My wife's ownership info was her old address on top of all this her new insurance slip was not with her (she had her old one with the same company). We have insurance of course.

All together we got 4 tickets, 3 for failure to change address and expired tag and one for failure to present insurance.

Can we just get the paper work all fixed up and present them to the prosecutor? What are the chances of getting off?

Yes, its the best thing to do at this point. Get it all cleared up, then go meet with the prosecutor to see if they can drop all charges.


djino
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May 10, 2008
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Hey Djino,

I just got a minor speeding ticket for going over 25km/h and this is my first ever ticket. I am a G2 driver. I was driving down a 60 zone street and police officer was in a neighbourhood behind a suv waiting to turn right. He saw me coming down and put his lights on and cut in front of suv and came to me asked for my insurance license car registration and asked who was sitting in the car which were my bros. I told him who they were and he said I was overspeeding. He did not tell me by how much and went back to his car and brought a ticket saying i was goin 85 in a 60 zone. He did not tell me how he new that or anything.I was wondering what the consequences of this ticket would be? Would it affect my future job searches, would my insurance go up, etc? Do you think it is a good idea I fight it in court myself or get a paralegal? I believe I have a strong case since I do not know how he knew what speed I was going since he was in a car behind a suv. Please let me know what my options are. Thanks
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brownsoul wrote: Hey Djino,

I just got a minor speeding ticket for going over 25km/h and this is my first ever ticket. I am a G2 driver. I was driving down a 60 zone street and police officer was in a neighbourhood behind a suv waiting to turn right. He saw me coming down and put his lights on and cut in front of suv and came to me asked for my insurance license car registration and asked who was sitting in the car which were my bros. I told him who they were and he said I was overspeeding. He did not tell me by how much and went back to his car and brought a ticket saying i was goin 85 in a 60 zone. He did not tell me how he new that or anything.I was wondering what the consequences of this ticket would be?
It depends on what you do. For the moment, you are innocent/not convicted, so this ticket has no consequence. But if you pay the fine, then this is the same as pleading guilty. The consequences of a guilty plea are demerit points on your license record and insurance premium increase on your next renewal.
brownsoul wrote: Would it affect my future job searches
No, not really. I cannot see how it could unless you were planning to be a cop some day, but even then.
brownsoul wrote: would my insurance go up, etc?
If you are convicted, yes. (ie. You pay the fine, accept a plea deal, or are found guilty at the end of trial). Your insurance premium is the biggest financial impact should this ticket result in a conviction.
brownsoul wrote: Do you think it is a good idea I fight it in court myself or get a paralegal?
Is it a good idea to fight it? YES!!! Is it a good idea to hire a ticket fighter service? NO!!! <-- The best these services will do is get your fine reduced (which will still be a conviction), but as I mention, the fine isn't the biggest financial impact, its the conviction affect on your insurance. So you'll end up paying the fine, the para legal, and your insurance premium increase going that method.

Stick to the path as I indicate on the First Post. Even before thinking about how you will handle yourself in court, just request a trial for now. When you receive your notice of trial date, request disclosure. Once disclosure is received, come back here and we'll discuss.
brownsoul wrote: I believe I have a strong case since I do not know how he knew what speed I was going since he was in a car behind a suv. Please let me know what my options are. Thanks

All this info on how the cop believed you were speeding will be shown in disclosure. Its too early to speculate. Just follow the steps as I outline on the first post and come back after :)

djino
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IF YOU ARE FOUND GUILTY AFTER A TRIAL - APPEAL

Justices are not lawyers (most have not even been to law school), so just because you received a GUILTY verdict, doesn't mean you should have. Sometimes legal arguments can go over their heads. So if you feel you didn't deserve it and/or you would like to have your argument heard by a "real" Judge who has been through law school, it may be a good idea to Appeal your guilty verdict.

Below are situations where you are likely to have your appeal be heard.

http://ticketcombat.com/step5/appeals.php

[QUOTE]Errors in Law
  • The justice considered hearsay evidence.
  • The justice stated that something was not a valid defence to a charge when it was.
  • A statement you made was used as evidence without first determining it was given voluntarily.
  • You were not given the opportunity to make submissions before judgement or sentencing.
Errors in Fact

A justice makes this error when they conclude that something happened without any evidence to support that finding. For example, concluding that you were speeding when no evidence is presented as to the speed limit.

Insufficient Explanation

At the beginning of Step 5 the case of R. v. Al-Emam was provided to show you that the justice must help you, explain to you what's going on and clearly indicate why he made a decision to convict you.

An example of this in action can be found in R. v. Andrews, 2005. Here the appeal court overturned the conviction because the trial justice did not explain why he ignored the testimony of the passenger.

If you left court convicted and in a state of confusion about what happened, this may be sufficient grounds to appeal. But be warned, appeals are expensive.[/QUOTE]

djino
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Hi djino,
First, thank you for this great post. It's been very helpful.
Second, I have a question about my situation.

Last April, I was driving in the rain in york region. The light in front of me changed to yellow and the lady in front slammed on the brake and stopped. I slammed on the brake but my car slid. I could not turn right or left (The tires were not responding). I had a lot of space in front of me but the car was not turning to try and avoid hitting the car in front. So I hit the car in front. We called the police and they came. They asked questions about what happened and I explained what happened. They also asked me about my speed. I told them that the speed limit is 70 and I was probably going that speed.

The cop went to speak with the other driver and I was dealing with the insurance company and the tow car. Then the cop called me and I heard the husband of the lady, who came to the site after his wife called him, telling the cop "I hope someone gets charged for this accident". The cop proceeded to hand me a "Careless driving" ticket. I tried to ask for the reason and explain that I slipped and that I was not driving in a careless way but he did not want to hear any of it and he said "You are not going to change my mind by arguing" so I stopped arguing.

I requested a first meeting with the Prosecutor to discuss the matter. I got an appointment which is this week. I also requested disclosure (May 16) using the form they have in York Region but it did not arrive yet. I sent a follow up e-mail and phone call and was told that it will be ready today or tomorrow and they will call me to come and pick it up.

My question is, should I try and postpone the meeting with the Prosecutor because I will not have enough time to prepare. Also, if I go and he/she offers me to change the charge to something less, what charges are ok and do not affect insurance much. (I must admit that I did not finish reading all of the pages of this posting, so you might have answered someone else for something similar.)

Thanks again for the help.
Jr. Member
Nov 28, 2005
147 posts
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Toronto
Hey Djino, thank you for making this thread.

So, I got a speeding ticket yesterday going 72km/h in a 50 zone. I didn't realize it was a 50 zone, the road was empty and it was downhill, I know they always camp at those spots but I totally did not expect them.
Anyway, the fine originally would have been something like $100+ (I forget) + 3 Demerit points. But the cop reduced the ticket, changing it to 60km/h in a 50 zone, resulting in just a $40 fine with no demerit points. But he said if I go to court then it'll be treated as the original fine and speed.

Originally, I was just going to pay the $40 and forget about it because there was no demerit points added. But then I realized that I'm benefiting from State Farm's steer clear program, which is basically a $40-or-so discount for having a clean record for the past 3-4 years. So if I plead guilty to this ticket, not only will I lose that discount, but my insurance may go up.

What should I do? Is there a loophole to reduced tickets? Should I go to court and risk getting the demerit points which will definitely increase my insurance?

Please help!
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Aug 29, 2006
506 posts
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London
Did your ticket say "reduced" or "R" on it?
keVn wrote: Hey Djino, thank you for making this thread.

So, I got a speeding ticket yesterday going 72km/h in a 50 zone. I didn't realize it was a 50 zone, the road was empty and it was downhill, I know they always camp at those spots but I totally did not expect them.
Anyway, the fine originally would have been something like $100+ (I forget) + 3 Demerit points. But the cop reduced the ticket, changing it to 60km/h in a 50 zone, resulting in just a $40 fine with no demerit points. But he said if I go to court then it'll be treated as the original fine and speed.

Originally, I was just going to pay the $40 and forget about it because there was no demerit points added. But then I realized that I'm benefiting from State Farm's steer clear program, which is basically a $40-or-so discount for having a clean record for the past 3-4 years. So if I plead guilty to this ticket, not only will I lose that discount, but my insurance may go up.

What should I do? Is there a loophole to reduced tickets? Should I go to court and risk getting the demerit points which will definitely increase my insurance?

Please help!
Jr. Member
Nov 28, 2005
147 posts
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Yes, it has an "R" on it. The body of what he wrote on the ticket states that he reduced the ticket to 60km/h from 72km/h.
rekearb wrote: Did your ticket say "reduced" or "R" on it?
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Al400 wrote: Hi djino,
First, thank you for this great post. It's been very helpful.
Second, I have a question about my situation.

Last April, I was driving in the rain in york region. The light in front of me changed to yellow and the lady in front slammed on the brake and stopped. I slammed on the brake but my car slid. I could not turn right or left (The tires were not responding). I had a lot of space in front of me but the car was not turning to try and avoid hitting the car in front. So I hit the car in front. We called the police and they came. They asked questions about what happened and I explained what happened. They also asked me about my speed. I told them that the speed limit is 70 and I was probably going that speed.

The cop went to speak with the other driver and I was dealing with the insurance company and the tow car. Then the cop called me and I heard the husband of the lady, who came to the site after his wife called him, telling the cop "I hope someone gets charged for this accident". The cop proceeded to hand me a "Careless driving" ticket. I tried to ask for the reason and explain that I slipped and that I was not driving in a careless way but he did not want to hear any of it and he said "You are not going to change my mind by arguing" so I stopped arguing.

I requested a first meeting with the Prosecutor to discuss the matter. I got an appointment which is this week. I also requested disclosure (May 16) using the form they have in York Region but it did not arrive yet. I sent a follow up e-mail and phone call and was told that it will be ready today or tomorrow and they will call me to come and pick it up.

My question is, should I try and postpone the meeting with the Prosecutor because I will not have enough time to prepare. Also, if I go and he/she offers me to change the charge to something less, what charges are ok and do not affect insurance much. (I must admit that I did not finish reading all of the pages of this posting, so you might have answered someone else for something similar.)

Thanks again for the help.

The First Appearance meeting is not necessary as any deal he would present to you in the meeting would be presented just prior to your trial starting. The Prosecutor will say/do anything he can to get you to plead guilty for a lesser fine (and/or lesser charge), but I would advice to not accept. Its the conviction on this offence that will be harmful financially towards your next insurance premium.

You do not need to wait til you receive disclosure to goto the meeting as I would reject any offer put on the table that leads to a conviction. See here, for a list of offences and generally what affect they will have on your insurance premium.

My advice for now is to reject any offer from the prosecutor during this meeting. Once you have received disclosure, come back and we'll discuss.


djino
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keVn wrote: Hey Djino, thank you for making this thread.

So, I got a speeding ticket yesterday going 72km/h in a 50 zone. I didn't realize it was a 50 zone, the road was empty and it was downhill, I know they always camp at those spots but I totally did not expect them.
Anyway, the fine originally would have been something like $100+ (I forget) + 3 Demerit points. But the cop reduced the ticket, changing it to 60km/h in a 50 zone, resulting in just a $40 fine with no demerit points. But he said if I go to court then it'll be treated as the original fine and speed.

Originally, I was just going to pay the $40 and forget about it because there was no demerit points added. But then I realized that I'm benefiting from State Farm's steer clear program, which is basically a $40-or-so discount for having a clean record for the past 3-4 years. So if I plead guilty to this ticket, not only will I lose that discount, but my insurance may go up.

What should I do? Is there a loophole to reduced tickets? Should I go to court and risk getting the demerit points which will definitely increase my insurance?

Please help!

JUST REQUEST TRIAL FOR NOW. You can still pay the fine as indicated on the ticket anytime between now and before your trial starts. So for the time being, just request a trial because there are plenty of items that can happen before your court date that could get your charges dropped.

Once you have received your notice of trial date, Use this form and mail it to the prosecutor requesting disclosure of the evidence against you. Once you have received disclosure, then we can discuss whats in your best interest.


djino
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EVIDENCE / OBJECTIONS

http://ticketcombat.com/step5/evidence.php

[QUOTE]Rules of Evidence

The cop cannot relate any information that was said by someone else. That is called hearsay and is inadmissible. For example, if the cop checked on the computer that your licence was suspended he cannot testify to that. The information was gathered by someone else and put on the computer. The prosecution has to provide a certified document from the Ministry of Transportation proving your licence was suspended.

A witness cannot give an opinion unless it is general knowledge or they are an expert in a particular field. If the cop visually estimated you were speeding, they have to establish they are capable of making such estimation.

Circumstantial evidence is different from direct evidence. A video of you smashing into the back of another vehicle is direct evidence. Another video of your car at the scene of an accident is circumstantial. It only shows that your vehicle was there, not whether you caused the accident.

Probative evidence must be material and relevant. Materiality should not be confused with relevance. If something is "material" it means it matters to the case, it has some logical connection to the outcome of a case or some proposition or fact scenario. For example, in a speeding trial, the operating state of your speedometer and its' repair history is material to the trial. Whether you have cloth or leather upholstery is not.

Evidence is relevant if it tends to support or weaken a proposition. A mechanic's report on your speedometer is relevant if you are arguing the speedometer was broken. If you are arguing that the cop pulled over the wrong vehicle, then the mechanic's report is not relevant at all.

Thus if you are arguing you didn't know you were speeding, then the condition of your speedometer is material and the mechanic's report is relevant.[/QUOTE]

[QUOTE]Objections

If a witness breaks the rules of evidence above, stand up and say "Objection, hearsay," or "unsubstantiated opinion" or "leading question", or "what is the relevancy?".

Sometimes the justice will allow the evidence but give it a diminished "weight". That is, he will consider it along side other evidence to determine what is credible and more likely to be believed.[/QUOTE]

djino
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Oct 1, 2010
2 posts
toronto
Hi... my drivers license was suspended - unpaid tickets, plate sticker not renewed, not having insurance papers in glove compartment on the day stopped. My car plates were taken by OP. For past 4 years car sits on driveway and has not moved. Everything has ceased and I cannot even start it or roll it. Recently, I had driven my ex husband's car without my license, was stopped because downtown I made an illegal right hand turn. I'm in huge trouble because again no insurance papers in my ex husbands 2nd car. Any advice, thoughts and/or ideas before the court date set this month?
Thanks
:(
Deal Expert
User avatar
Feb 24, 2008
15587 posts
7027 upvotes
Gatineau
mbernies@hotmail.com wrote: Hi... my drivers license was suspended - unpaid tickets, plate sticker not renewed, not having insurance papers in glove compartment on the day stopped. My car plates were taken by OP. For past 4 years car sits on driveway and has not moved. Everything has ceased and I cannot even start it or roll it. Recently, I had driven my ex husband's car without my license, was stopped because downtown I made an illegal right hand turn. I'm in huge trouble because again no insurance papers in my ex husbands 2nd car. Any advice, thoughts and/or ideas before the court date set this month?
Thanks
:(

Ouch!! You really have to stop driving or get your drivers license issue fixed so you are permitted to drive.

When is your trial date? Have you requested disclosure??

djino

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