Automotive

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

Member
Feb 13, 2015
262 posts
97 upvotes
Aurora
Got a speeding ticket

Got dropped to a 19 over from doing 103 in a 70.

This happened in Aurora, and I was just curious is this worth fighting, if I choose trial option would I go in fighting the original 33 over, or would it just be a huge waste of time?
Deal Guru
Jun 30, 2006
14967 posts
2985 upvotes
Toronto
I am disputing a parking ticket online. The screening is scheduled but it has been nearly 2 months now. How long does it normally take?
Sr. Member
Jan 24, 2008
737 posts
38 upvotes
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?
Deal Fanatic
User avatar
Mar 23, 2008
6169 posts
3347 upvotes
Edmonton
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?
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
Newbie
Feb 14, 2018
4 posts
Hi,
I got a 'Stunt driving' ticket for speeding 50+ over. The officer handcuffed me, searched me, suspended my licence, impounded my car for a week, gave me paperwork and released me. Another off duty officer was also there, he spoke to me while i was handcuffed and inside the police car. He said that he was a sargeant and he saw me going fast. The off duty cop talked to my girlfriend and explained whats going on while she was sitting in the car. I had to face following before any trial:
1. $1023.00 for one week extra rent as it was a rental car.
2. $1050 for towing and storage charges
3. $200 licence reinstatement fee
4. On top of it i do not have any job at the moment. I am looking for a job.
5. Also, i was looking for a long haul truck driving job but as the current licence suspension shows on my record, the chances of getting a job are slim now. Furthermore, on conviction with 6 demerit points, no one will employ me as a driver. Max points allowed for truck drivers are 3 points.
6. Considering the fine for this offence is $2000-$10000. I am worried how will i pay on conviction.
7. I asked a paralegal and he said it will cost me $1000 flat for his fee.
8. Also, as i was caught 7.5 hrs away from home, i had to spend a night in hotel($100+) then rent another vehicle on my girlfriends name and proceed. I have to drive back 7.5 hrs to get the impounded vehicle back now.

I understand that it was wrong and i am abusing myslelf now thinking my potential job is gone. I have to borrow money from my friends to pay these fines. Any advice would be helpful.
Thank you
Newbie
Mar 7, 2018
1 posts
Hi,

I received a parking ticket while parking in a Gilad parking lot but paid for my parking and have the slip to prove it. The problem is that during the time for which I had paid for my spot I left and came back but forgot to put the slip back on the dash when I got back. Finally, when I was leaving it happened to be at the exact time the officer was printing out the ticket, I showed him my slip which I had forgotten in my jeans but he said it was too late. Do I have any options here or do I just have to suck it up for making such a bonehead mistake?
My infraction is for “Unauthorized parking - Private Property (includes expired meters)”
Deal Addict
User avatar
Dec 27, 2013
1518 posts
439 upvotes
Winnipeg
gillzamrinder92 wrote:
Mar 8th, 2018 1:28 am
Hi,
I got a 'Stunt driving' ticket for speeding 50+ over. The officer handcuffed me, searched me, suspended my licence, impounded my car for a week, gave me paperwork and released me. Another off duty officer was also there, he spoke to me while i was handcuffed and inside the police car. He said that he was a sargeant and he saw me going fast. The off duty cop talked to my girlfriend and explained whats going on while she was sitting in the car. I had to face following before any trial:
1. $1023.00 for one week extra rent as it was a rental car.
2. $1050 for towing and storage charges
3. $200 licence reinstatement fee
4. On top of it i do not have any job at the moment. I am looking for a job.
5. Also, i was looking for a long haul truck driving job but as the current licence suspension shows on my record, the chances of getting a job are slim now. Furthermore, on conviction with 6 demerit points, no one will employ me as a driver. Max points allowed for truck drivers are 3 points.
6. Considering the fine for this offence is $2000-$10000. I am worried how will i pay on conviction.
7. I asked a paralegal and he said it will cost me $1000 flat for his fee.
8. Also, as i was caught 7.5 hrs away from home, i had to spend a night in hotel($100+) then rent another vehicle on my girlfriends name and proceed. I have to drive back 7.5 hrs to get the impounded vehicle back now.

I understand that it was wrong and i am abusing myslelf now thinking my potential job is gone. I have to borrow money from my friends to pay these fines. Any advice would be helpful.
Thank you
Jeez.... your post makes me wish there was a way to make an individual post a sticky post or something, so that it does not get lost among 1000 pages, and others would learn...

Ok, about your situation. How did that PO determine your speed? Was he following you in his car? Was he using a radar/lidar gun? Did that off-duty officer just happen to be there? Was he following you in his car? He said that he saw you going fast... do you know how he saw you (and if he actually saw you)?

Finally, were you actually going 50+ over?

In a case like this, I think I'd suggest hiring a paralegal.... but make sure that it is somebody who knows what he/she is doing.
Deal Addict
User avatar
Dec 27, 2013
1518 posts
439 upvotes
Winnipeg
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
15 posts
1 upvote
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
6169 posts
3347 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
261 posts
20 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
735 posts
163 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.
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