Automotive

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

Deal Addict
Dec 27, 2013
1815 posts
654 upvotes
eednapes wrote:
Mar 7th, 2018 7:24 pm
Took a speeding ticket to court. Showed up to my first court date, asked for a second date so I can take a look at the evidence. The date is in a few days.

Got a call 3 weeks ago to come and pick up the evidence. Today I went to pick up the evidence. They had me standing there for more than 10 minutes, finally telling me they can't find it and that perhaps they'll have it at the court??

Anyways, wanted to know if this has provided me with a chance perhaps?
CNeufeld wrote:
Mar 7th, 2018 8:15 pm
It doesn’t really change things much for you, especially if you didn’t request disclosure before your first trial. They’ll probably have it for you at the trial, which means you can request another trial.

Keep track of your interactions with them. Dates, etc. It will be an accumulation of wasted time on your part that may help your argument. A single wasted trip probably won’t mean much.

C
Well, I'd still try to use this to convince the JP to stay... probably will not work, but it might depending on how you present this (and, if they do not have your disclosure at trial, then your chances are much better... you can argue that the prosecution did not follow JP's orders and is wasting everybody's time... including JP's, which no self-respecting JP will like).
Newbie
Apr 17, 2017
2 posts
My speeding ticket was withdrawn at the court....will i get any sort of confirmation/communication from court later? Thanks!
Newbie
Jul 12, 2017
1 posts
So I got a photo radar ticket but it says the picture was taken at 5:33 pm but I work nights and I start work at 5 pm and I have not been late once. I can get proof that I was at work at the time. Any chance I can get it thrown out?
Newbie
Dec 13, 2010
16 posts
1 upvote
Ottawa
I backed into a parked car while leaving a friends' driveway. Car was parked directly in line with the driveway, dark, small black car...I felt terrible. I knocked on 3 doors till I found the owner...apologized, gave him my info etc. Went to cop shop to fill out a statement, where I told the truth, said it was my fault, I just didn't see the car.
Officer at the station gave me a ticket for HTA 142 (2) starting from stopped not in safety. I never thought I would get a ticket...do I have any recourse after already admitting it was my fault? I don't mind the fine, I just don't want insurance to go up for years and years....advice???
Deal Fanatic
User avatar
Mar 23, 2008
9746 posts
6136 upvotes
Edmonton
Chadillac wrote:
Mar 8th, 2018 5:54 pm
So I got a photo radar ticket but it says the picture was taken at 5:33 pm but I work nights and I start work at 5 pm and I have not been late once. I can get proof that I was at work at the time. Any chance I can get it thrown out?
How do you explain away the picture of your car at that time, then?

C
Member
Jun 16, 2008
280 posts
22 upvotes
yugo wrote:
Jan 3rd, 2018 7:32 pm
I am in ontario and I received a ticket for failing to surrender permit for vehicle as I did not have the ownership on me when I got stopped.

I got stopped originally for not fully stopping on a stop sign as my car slipped while I was trying to stop. The officer saw this and after I explained the detals to him, he agreed that the road condition and weather were very bad and that played a part in my case. In my area we have been getting hammered with snow for the past 5 days. He decided to not give me a ticket for not stopping on the stop sign but gave me a ticket for not providing ownership. I was driving my dad's vehicle for moving items as I moved to a new house and did not have the vehicle ownership on me at the time.

I am not sure what the officer wrote in his notes but the ticket is only for not having car ownership. I know that I will get the details when I request disclosure.

This is my first time going through this process and I have never received a ticket before. After reading parts of this thread, I am planning to pick option 3 on the ticket but not sure if thats the best option.

Can someone please tell me what the best course of action is in this case. Would the prosecutor know about why I was stopped originally or do I have to provide those details? Would they throw this out if I show them the ownership?

Thanks in advance for your help
I had posted this a couple months back and I am going to the court on 27MAR2018. I got the disclosure details and it states that "stop sign was clear....unobstructed view...vehicle slowed to 10-15 km/hr and there was no wheel lock up. There was a continuous roll."

There is no mention of the bad road conditions at the intersection and no mention of the vehicle slipping onto the main road. I am 100% sure that I wasn't going as fast as 10-15km/hr because I was almost fully stopped (maybe around the 2-5 km/hr range) until the car's ABS kicked in (the wheels wouldn't lock up fully as a result anyway). I was going 20km/hr on the road to begin with. I am sure the officer's word is above mine with the prosecutor here and I am not sure how to defend against this.

The stop sign is a bit before the actual intersection. I took pictures of the stop sign and the intersection as there was a snow hill beside the road (above the height of my vehicle) and there is no view of the vehicle until you actually make the turn on the intersection based on where the police officer's was. I was well past the stop sign and the stopping area before I was in the officer's view. I can provide those pictures if it helps.

The prosecutor is going to see the disclosure details eventually as well so is there anything I can do here. Any recommendations would be helpful.
Newbie
User avatar
May 7, 2007
74 posts
4 upvotes
Here's something confusing I noticed:

http://www.ontariocourts.ca/ocj/how-do- ... hedule-43/ sets out fine amounts for speeding tickets, and it says:
Schedule B
Highway Traffic Act
Speeding
Kilometres Set Fine
a) 1-19 kilometres per hour over the maximum speed limit $2.50 per kilometre
b) 20-29 kilometres per hour over the maximum speed limit $3.75 per kilometre
c) 30-49 kilometres per hour over the maximum speed limit $6.00 per kilometre
d) 50 kilometres per hour or more over the maximum speed limit
Yet in the Highway Traffic Act itself (https://www.ontario.ca/laws/statute/90h08), it says:
Penalty
(14) Every person who contravenes this section or any by-law or regulation made under this section is guilty of an offence and on conviction is liable, where the rate of speed at which the motor vehicle was driven,
(a) is less than 20 kilometres per hour over the speed limit, to a fine of $3 for each kilometre per hour that the motor vehicle was driven over the speed limit;
(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, to a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the speed limit;
(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit; and
(d) is 50 kilometres per hour or more over the speed limit, to a fine of $9.75 for each kilometre per hour that the motor vehicle was driven over the speed limit. 2005, c. 26, Sched. A, s. 17 (7).
What gives? Why are the fines different in these different sources. From what others have said, tickets seems to be issued on the first table, not what the HTA says. Am I missing something? I thought this might have implications of 'fatal error' if the fine is wrong, but I am guessing it is not considered wrong if it matches one of the above sources.
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
digital_samurai wrote:
Mar 11th, 2018 12:41 pm
Here's something confusing I noticed:

http://www.ontariocourts.ca/ocj/how-do- ... hedule-43/ sets out fine amounts for speeding tickets, and it says:


Yet in the Highway Traffic Act itself (https://www.ontario.ca/laws/statute/90h08), it says:


What gives? Why are the fines different in these different sources. From what others have said, tickets seems to be issued on the first table, not what the HTA says. Am I missing something? I thought this might have implications of 'fatal error' if the fine is wrong, but I am guessing it is not considered wrong if it matches one of the above sources.
Set fines are what the police officer has to put on the ticket.

HTA is what a JP could use to calculate the fine if you take it to trial and lose, although most of the time they stick with the set fine.
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--
Newbie
Dec 13, 2010
16 posts
1 upvote
Ottawa
tombiosis wrote:
Mar 8th, 2018 10:07 pm
I backed into a parked car while leaving a friends' driveway. Car was parked directly in line with the driveway, dark, small black car...I felt terrible. I knocked on 3 doors till I found the owner...apologized, gave him my info etc. Went to cop shop to fill out a statement, where I told the truth, said it was my fault, I just didn't see the car.
Officer at the station gave me a ticket for HTA 142 (2) starting from stopped not in safety. I never thought I would get a ticket...do I have any recourse after already admitting it was my fault? I don't mind the fine, I just don't want insurance to go up for years and years....advice???
OK no one is replying...only a few days left before I must decide how to plead or just pay the ticket. Does it matter if the ticket was issued 3 days after the accident took place? I also wonder what my chances are of having the 2 demerit points removed if I plead guilty "with an explanation"? Has anyone here ever argued HTA 142 (2) ?
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
yugo wrote:
Mar 9th, 2018 1:53 pm
I had posted this a couple months back and I am going to the court on 27MAR2018. I got the disclosure details and it states that "stop sign was clear....unobstructed view...vehicle slowed to 10-15 km/hr and there was no wheel lock up. There was a continuous roll."

There is no mention of the bad road conditions at the intersection and no mention of the vehicle slipping onto the main road. I am 100% sure that I wasn't going as fast as 10-15km/hr because I was almost fully stopped (maybe around the 2-5 km/hr range) until the car's ABS kicked in (the wheels wouldn't lock up fully as a result anyway). I was going 20km/hr on the road to begin with. I am sure the officer's word is above mine with the prosecutor here and I am not sure how to defend against this.

The stop sign is a bit before the actual intersection. I took pictures of the stop sign and the intersection as there was a snow hill beside the road (above the height of my vehicle) and there is no view of the vehicle until you actually make the turn on the intersection based on where the police officer's was. I was well past the stop sign and the stopping area before I was in the officer's view. I can provide those pictures if it helps.

The prosecutor is going to see the disclosure details eventually as well so is there anything I can do here. Any recommendations would be helpful.
How many tickets did you get? What for?
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
tombiosis wrote:
Mar 12th, 2018 7:59 pm
OK no one is replying...only a few days left before I must decide how to plead or just pay the ticket. Does it matter if the ticket was issued 3 days after the accident took place? I also wonder what my chances are of having the 2 demerit points removed if I plead guilty "with an explanation"? Has anyone here ever argued HTA 142 (2) ?
Officer has six months to issue you a ticket.

You can not get demerits removed or reduced. Whatever charge you are found guilty of, there are specific demerits associated with it and neither the prosecutor or JP can change them. The only thing they can change is the fine amount and time to pay. But remember that insurance does not care about demerits. If you have lots of tickets already then demerits may be an issue with regards to getting a suspension. If you have a clean record then demerits are pretty much irrelevent.

You should plead not guilty and request a trial with the officer present. Once you get your Notice of Trial, then you can request disclosure (copy of officers notes, copy of reports and witness statements). Once you get these, post them so we can see if there is anyway to fight it. If the notes look good then you can just pay the ticket anytime before the trial, or show up and plead guilty with an explanation and ask for reduced fine.
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--
Member
Jun 16, 2008
280 posts
22 upvotes
ShrekTek wrote:
Mar 12th, 2018 10:13 pm
How many tickets did you get? What for?
I got stopped for not fully stopping on the stop sign but got one ticket for not producing the ownership. I can provide the details on the notes that the police officer took if required
Newbie
Dec 13, 2010
16 posts
1 upvote
Ottawa
ShrekTek wrote:
Mar 12th, 2018 10:20 pm
Officer has six months to issue you a ticket.

You can not get demerits removed or reduced. Whatever charge you are found guilty of, there are specific demerits associated with it and neither the prosecutor or JP can change them. The only thing they can change is the fine amount and time to pay. But remember that insurance does not care about demerits. If you have lots of tickets already then demerits may be an issue with regards to getting a suspension. If you have a clean record then demerits are pretty much irrelevent.

You should plead not guilty and request a trial with the officer present. Once you get your Notice of Trial, then you can request disclosure (copy of officers notes, copy of reports and witness statements). Once you get these, post them so we can see if there is anyway to fight it. If the notes look good then you can just pay the ticket anytime before the trial, or show up and plead guilty with an explanation and ask for reduced fine.
OK one more question...when the officer at the collision reporting centre issued my ticket, they were unsure which ticket to give, and had to discuss it with another officer. No officer came to the scene. If I request a trial and disclosure, can they raise the fine adding court costs or anything? or is it just buying me some time to pay?
Thanks again for replying.
Deal Addict
Sep 14, 2005
1380 posts
93 upvotes
Does insurance company count your offence date on the ticket date or the court date?
- Got ticket in march for 40 over
- Reduced penalty to 10 over in July in court
When does the insurance company start counting the 3 years?

Thanks
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
yugo wrote:
Mar 13th, 2018 1:25 am
I got stopped for not fully stopping on the stop sign but got one ticket for not producing the ownership. I can provide the details on the notes that the police officer took if required
Did you get a ticket for not stopping? If not, then all the notes you quoted are irrelevent.

I assume somewhere in the notes the officer says that he asked for ownership and you did not produce it?

There is no defense for this... he asked for it and you did not produce it, end of story. The only way to get dropped is if officer does not show up. You can still ask for reduced fine, but given officer did not give you other ticket, prosecutor will probably argue against that.
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--

Top

Thread Information

There are currently 2 users viewing this thread. (0 members and 2 guests)