Automotive

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

Deal Guru
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Mar 23, 2008
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Edmonton
Dark Phoenix wrote: Any witnesses that provided evidence (ie a statement) about the collision would be serve a subpoena to attend court.
They might get a subpoena, but the odds that they'll issue a warrant to drag someone in who missed appearing for a simple traffic ticket is slim. Plus the more people you have to co-ordinate with scheduling, the more chance there is for delays, which would work in the OP's favor.

C
Deal Addict
Sep 20, 2008
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Calgary
CNeufeld wrote: They might get a subpoena, but the odds that they'll issue a warrant to drag someone in who missed appearing for a simple traffic ticket is slim. Plus the more people you have to co-ordinate with scheduling, the more chance there is for delays, which would work in the OP's favor.

C
Never said anything about a witness warrant, they don't even issue those for criminal cases. But it has been my experience, that most civilians when served with a subpoena, make attempts to attend.
Member
Mar 28, 2016
339 posts
482 upvotes
raptormaniac wrote: Last night I was driving and noticed a cruiser following me. We came to a red light. I was turning right. He was turning left.

I came to a complete stop. Waited at least a couple of seconds, let off the brake and eased up. I braked before I got to the cross walk. A pedestrian crossed the road in front of my car. He was startled. But I was no where near the pedestrian. I waited for the pedestrian to completely cross the street. I saw the the cruiser had moved in behind. I turned right and was ticketed.

The PC took my info. I didn’t have my new insurance slip with me. He asked me if I knew why he pulled me over. I said probably because of the pedestrian. He went back to his car. Comes back with 1 ticket. No insurance slip. I asked for leniency. When he said no..I said that’s fine I will fight it. He went back to his car to write a second ticket for failing to yield to a pedestrian.

What is the best route for this situation? I feel I did absolutely nothing wrong.

30 yeas of driving...one speeding ticket about 10 years ago. That’s it. Now this crap.

Thanks for any input.
I may be wrong here but if you were to provide the court proof you had valid insurance at the time of the vehicle stop the charge should be dropped.
Deal Guru
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Mar 23, 2008
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xViLLn wrote: I may be wrong here but if you were to provide the court proof you had valid insurance at the time of the vehicle stop the charge should be dropped.
That poster wasn’t charged with failing to HAVE insurance. That would have been a much more significant charge. They were charged with not PROVIDING proof of insurance. They used to toss the tickets for failing to provide proof of license/registration/insurance, but there’s nothing in the HTA that says the police have to do so. Can’t hurt to try, but no guarantees. Especially if you piss the officer off during the stop.

C
Newbie
Aug 6, 2018
25 posts
6 upvotes
CNeufeld wrote: If you get a deal, it will be for (as an example) 29 km/h over, instead of 40 over. Which will have a reduced fine and reduced demerits applicable to that particular charge.

Keep in mind that demerits do not affect your insurance impact.

No idea why the officer said that, but they’re not legal professionals or perhaps not familiar with the current court status. That’s not their job.

C
Thanks for providing your inputs, appreciate it !
Keep Calm and carry on !
Newbie
Feb 22, 2021
1 posts
Hi guys, I just got a Stop sign traffic ticket right in front of my building even if I stopped for a sec. Would like to ask you what is the best option to do. How does it look with courts in this Covid situation right now?

Appreciate your help
Deal Addict
Aug 18, 2003
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YVR
I got a traffic violation ticket back in May 2020 in BC. I contacted ICBC and they have no record of a court date set yet.

Is there a reasonable amount of time that the delay can be argued as sufficient to dismiss the case?
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Mar 23, 2008
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Charles wrote: I got a traffic violation ticket back in May 2020 in BC. I contacted ICBC and they have no record of a court date set yet.

Is there a reasonable amount of time that the delay can be argued as sufficient to dismiss the case?
Pre-COVID, it was 18 months. Now, nobody knows until the courts get chugging along again. It might take someone taking this to a high level court to set a precedent, so don’t hold your breath.

C
Deal Addict
Aug 18, 2003
2417 posts
1299 upvotes
YVR
CNeufeld wrote: Pre-COVID, it was 18 months. Now, nobody knows until the courts get chugging along again. It might take someone taking this to a high level court to set a precedent, so don’t hold your breath.

C
I hear you. Thanks. A few years ago I successfully fought a ticket using the charter argument. It was 14 months and my witness was no longer available.

I hope someone successfully argues that the covid delay cannot be use to extend cases to a crazy amount like 20 months for example. I'm not sure where it's written in the law books - but justice delayed is justice denied.
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Deal Guru
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Mar 23, 2008
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Edmonton
Charles wrote: I hear you. Thanks. A few years ago I successfully fought a ticket using the charter argument. It was 14 months and my witness was no longer available.

I hope someone successfully argues that the covid delay cannot be use to extend cases to a crazy amount like 20 months for example. I'm not sure where it's written in the law books - but justice delayed is justice denied.
Well, it’s actually written in the charter. It’s just not specific in therms of timelines.
https://en.wikipedia.org/wiki/R_v_Jordan_(2016)

I’m not a lawyer or even in the law field, but I wouldn’t be surprised if they bumped it up even by a year (to 30 months) to handle the delays. But maybe the courts will “encourage” speeding up processing by making more/better deals. People in Ontario were getting offers throughout the pandemic. The problem with that is that no matter what deal you take, a conviction is still a conviction as far as insurance is concerned. So your only financial saving is the difference in fine amounts. Might as well roll the dice and see what the situation is when your trial date rolls around. Don’t have much to lose.

C
Member
Jan 17, 2011
224 posts
13 upvotes
Charles wrote: I got a traffic violation ticket back in May 2020 in BC. I contacted ICBC and they have no record of a court date set yet.

Is there a reasonable amount of time that the delay can be argued as sufficient to dismiss the case?


I remember once back when I used to live in GTA I got a parking in handicap ticket which I decided to take to court and pleaded not guilty. Of course the judge said noway and I was found guilty. Anyway I was very young and stupid and decided not to pay the fine and see what happens! Fast forward 23 years later yes 23 years! when I went to renew license, they didnt renew it unless I paid the fine!
Newbie
Jul 14, 2013
10 posts
1 upvote
Hello All,

I got a speeding ticket back in October 2020. Cop on the side of the 401 clocked me at 145km/hr at 10:30pm Sunday night. Traffic was sparse and other vehicles were going similar speeds. I just happened to slam the brakes when I saw the cop.
The cop reduced the ticket down to a 20km/hr over instead of 45km/hr over. This had 3 demerit points and $95 fine.

I picked the early resolution option and gave the ticket to lawyer. The lawyer came back saying they have offered to reduce down to a disobey of sign and 2 points with a $350 fine. My insurance is renewing next month and I want to see if I can push off increasing it this year. My options:

1. Plead guilty, take the offer of disobey sign and pay the fine. My insurance would increase this year.
2. Set it up for trial and risk getting charged reversed back to 145km/hr over. - The cops notes state I did not refute speeding, so definitely a possibility of getting 45 over. - 4 demerit points and $350 fine.
Ask for a trial but please guilty to the 20 over prior to trial date but after insurance renewal and take 3 demerit points and $95 fine.
3. Cop doesn't show up and it gets tossed (this is in small town of Welland so not sure how likely this will happen but the officer was working a night shift when he pulled me over 6pm to 6am)

Anyone have any input on this? Thanks!
Deal Fanatic
Mar 27, 2006
6224 posts
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Ontario
CNeufeld wrote: I’m not a lawyer or even in the law field...
Wait what? LOL. What field are you in?
Deal Guru
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Mar 23, 2008
13006 posts
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Edmonton
hdrkok wrote: Hello All,

I got a speeding ticket back in October 2020. Cop on the side of the 401 clocked me at 145km/hr at 10:30pm Sunday night. Traffic was sparse and other vehicles were going similar speeds. I just happened to slam the brakes when I saw the cop.
The cop reduced the ticket down to a 20km/hr over instead of 45km/hr over. This had 3 demerit points and $95 fine.

I picked the early resolution option and gave the ticket to lawyer. The lawyer came back saying they have offered to reduce down to a disobey of sign and 2 points with a $350 fine. My insurance is renewing next month and I want to see if I can push off increasing it this year. My options:

1. Plead guilty, take the offer of disobey sign and pay the fine. My insurance would increase this year.
2. Set it up for trial and risk getting charged reversed back to 145km/hr over. - The cops notes state I did not refute speeding, so definitely a possibility of getting 45 over. - 4 demerit points and $350 fine.
Ask for a trial but please guilty to the 20 over prior to trial date but after insurance renewal and take 3 demerit points and $95 fine.
3. Cop doesn't show up and it gets tossed (this is in small town of Welland so not sure how likely this will happen but the officer was working a night shift when he pulled me over 6pm to 6am)

Anyone have any input on this? Thanks!
My advice... Either register for a trial and just pay the ticket after your insurance renews, or wait for a trial date and deal with it then. At the pace things are currently going, you might not see it on your abstract before your next renewal date either, so you might want to hold off paying until a few weeks before your trial date. Nothing to lose with doing that. And they can only amend the ticket back up to the 45 over if you plead not guilty in trial.

The “deal” is an insult to your intelligence, but I’m sure they catch a few suckers. Probably gives them something to laugh about at the water cooler.

C
Newbie
Jul 14, 2013
10 posts
1 upvote
CNeufeld wrote: My advice... Either register for a trial and just pay the ticket after your insurance renews, or wait for a trial date and deal with it then. At the pace things are currently going, you might not see it on your abstract before your next renewal date either, so you might want to hold off paying until a few weeks before your trial date. Nothing to lose with doing that. And they can only amend the ticket back up to the 45 over if you plead not guilty in trial.

The “deal” is an insult to your intelligence, but I’m sure they catch a few suckers. Probably gives them something to laugh about at the water cooler.

C
THanks!
I think I'll take my chances and decline the offer and push it to trial. I can always decide to just plead guilty to the 3 points and $95 fine. To my insurance company a conviction is a conviction.
Sr. Member
Sep 11, 2017
548 posts
404 upvotes
maxpwr wrote: I remember once back when I used to live in GTA I got a parking in handicap ticket which I decided to take to court and pleaded not guilty. Of course the judge said noway and I was found guilty. Anyway I was very young and stupid and decided not to pay the fine and see what happens! Fast forward 23 years later yes 23 years! when I went to renew license, they didnt renew it unless I paid the fine!
Why did it take 23 years for them to catch on you had not settled the bill on that? I imagine you renewed your license a few times during that 23 year stretch
Newbie
Feb 23, 2021
1 posts
Hi,

I recieved a ticket on February 20th,2020. I decided to take it too trial. After reviewing the ticket I noticed it was stamped wrong saying it was received on February of 2019.Would that be considered a fatal error technicality and have the ticket dismissed? And if so do I present that information to the prosecutor or judge? Another issue is that it's been a whole year since I filed my ticket to take it to trial. Due to Covid-19 and the court being closed I haven't recieved a trial date, is it possible to have the ticket dismissed by invoking Section 11(B ) The right to be tried within a reasonable time as the Supreme Court established that a delay longer than 18 months from when a charge is laid to the trial's completion is "presumptively unreasonable" and any delay by the Crown beyond that time that is not justified by exceptional circumstances that are either unforeseeable or beyond the Crown's control must result in a stay of proceedings. So far it's been 12 months and depending on how long covid is around or I receive a trial date it should definitely be passed 18 months.

Regards
Deal Addict
Oct 13, 2014
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Just Moved To Somewh…
hdrkok wrote: Hello All,

I got a speeding ticket back in October 2020. Cop on the side of the 401...
3. Cop doesn't show up and it gets tossed (this is in small town of Welland so not sure how likely this will happen but the officer was working a night shift when he pulled me over 6pm to 6am)

Anyone have any input on this? Thanks!
My curiosity is now peaked.

How did you get an appearance in Welland, Ontario? The 401 goes nowhere near Welland and the only 400 series highways are the QEW (Court would be St. Catharines, Niagara Falls or Fort Erie or the 406 which could put court in Welland.
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May 8, 2002
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rcmpvet wrote: My curiosity is now peaked.

How did you get an appearance in Welland, Ontario? The 401 goes nowhere near Welland and the only 400 series highways are the QEW (Court would be St. Catharines, Niagara Falls or Fort Erie or the 406 which could put court in Welland.
I had the exact same thought, have worked in Welland and on the 401 and they are mutually exclusive lol

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