Automotive

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

Sr. Member
Jun 15, 2017
642 posts
144 upvotes
Ontario, Canada
KenJenk wrote:
Apr 4th, 2018 10:50 pm
1. Ok. Thanks.
2. Not sure what defense you're referring to. I'll await disclosure to see if I want to meet a prosecutor pre-trial for resolution options.
3. Not sure what defense you're referring to, but I'll wait to post disclosure here for opinions before seeking out paralegal help. Thanks.
4. But how does the officer prove the number on the gun was logged from pointing at my vehicle?
5. Ok. Wasn't sure if there was an angle here regarding the officer knowing whether or not the officer using the gun ensured he calibrated it prior to use.
6. Ok.
7. Ok. Good - nothing to lose.
8. Ok. Thanks. This is the approach I was originally planning to take and still seems to be the one that makes the most sense. Hopefully, there's something with disclosure worth pursuing.

Yes, not worried at all about demerit points and likely not an insurance issue (to be confirmed) with getting a single speeding ticket in 5 years, but I really have nothing to lose by taking this to trial.

Thanks for your feedback!
2 & 3 - The defense I am refering to is everything you said ... there is nothing you said that will help you.
4 - They do not have to prove that. They just have to say that they your vehicle apparently speeding and that when they turned on radar it said 77. The only proof they need is their word.
5 - When you receive disclosure, the officers notes should say that they tested it sometime before your ticket and sometime after your ticket and that it passed both tests. If their notes do not say this, then you may have an angle to use.
--
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.
--
Deal Guru
Jun 30, 2006
14694 posts
2837 upvotes
Toronto
No one answered my question. I filed an online dispute for a parking ticket in January and still showing screening. Any idea how long this takes?
Member
User avatar
Apr 1, 2009
247 posts
70 upvotes
Need some advice. Wife was driving on Keele street, a major road in Toronto, she was going with the flow of traffic. 6 cars in front of her, cop pulls over her and 2 other cars and gets a ticket for not stopping at a school bus stop. The bus stopped on the a-posing side, she was going north it stopped south. Cop gave her $590 plus which is 6 demerit points. She honestly did not see the school bus stopped. Can anything be done? This really made her upset, because we have kids and would totally agree with this. However it was on a major road and the bus put its lights on and she didnt have time to react. NO kids were out, they didnt cross the road. It just pulled over to let the kids out on south side. Thanks for any suggestions....
Member
User avatar
Apr 1, 2009
247 posts
70 upvotes
In regards to the ticket above, I noticed that fine can maybe reduced. What is more important is the demerit and the major charge. WOuld this ticket be able to be reduced to a lower charge? Has anyone been successful to reduce the charge? That is what my wife would prefer.
Newbie
Apr 19, 2006
48 posts
10 upvotes
Scarborough
sta11ion wrote:
Apr 6th, 2018 10:54 am
In regards to the ticket above, I noticed that fine can maybe reduced. What is more important is the demerit and the major charge. WOuld this ticket be able to be reduced to a lower charge? Has anyone been successful to reduce the charge? That is what my wife would prefer.
My wife recently had a failure to stop for school bus ticket as well. Unless the road is divided by a median, traffic both ways are required to stop.

She was able to get the ticket reduced to Failure to Obey Sign, which isn't quite as big of a hit as failure to stop for school bus.

Good luck!
Jr. Member
Feb 9, 2017
177 posts
213 upvotes
In the Province of BC: Last early July, was pulled over for using an electronic device while driving (pet vet was calling a lot), rush hour traffic was not moving, I decided to read the VVM. Court date is assigned for middle of May. That's around 10.5 months.

1. Are we still able to file for speedy trial?
2. Does anyone have any tips re: next steps? I'm going to file for disclosure.
Sr. Member
Jun 15, 2017
642 posts
144 upvotes
Ontario, Canada
carmaster wrote:
Apr 5th, 2018 7:30 pm
No one answered my question. I filed an online dispute for a parking ticket in January and still showing screening. Any idea how long this takes?
Call the municipality and ask them.
--
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
642 posts
144 upvotes
Ontario, Canada
sta11ion wrote:
Apr 6th, 2018 10:34 am
Need some advice. Wife was driving on Keele street, a major road in Toronto, she was going with the flow of traffic. 6 cars in front of her, cop pulls over her and 2 other cars and gets a ticket for not stopping at a school bus stop. The bus stopped on the a-posing side, she was going north it stopped south. Cop gave her $590 plus which is 6 demerit points. She honestly did not see the school bus stopped. Can anything be done? This really made her upset, because we have kids and would totally agree with this. However it was on a major road and the bus put its lights on and she didnt have time to react. NO kids were out, they didnt cross the road. It just pulled over to let the kids out on south side. Thanks for any suggestions....
Not seeing the bus is not an excuse to beat the ticket.

Plead not guilty and requet a trial with the officer present. Once you get the notice of trial, request disclosure (officers notes). Once you get the notes, post them here so we can review and see if there is something missing.
--
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
Nov 22, 2008
235 posts
22 upvotes
How long is it usually to get a response for a court date if I sent in my ticket for trial by mail? It seems like it's been awhile and I'm starting to get worried whether they received it or not.

I got a ticket for making an illegal left turn at 8:40am where it wasn't allowed during 7am to 9am. I honestly did not see the sign until I came to the intersection so it was either I made a U-turn or continue to make the left turn. I was stopped by the officer who was just sitting there waiting for people to turn. He said there are 3 signs there but I only saw one at the last moment. This was is at Highway 7 and Swansea road in Markham.
Sr. Member
Jun 15, 2017
642 posts
144 upvotes
Ontario, Canada
1ton wrote:
Apr 7th, 2018 5:28 pm
How long is it usually to get a response for a court date if I sent in my ticket for trial by mail? It seems like it's been awhile and I'm starting to get worried whether they received it or not.

I got a ticket for making an illegal left turn at 8:40am where it wasn't allowed during 7am to 9am. I honestly did not see the sign until I came to the intersection so it was either I made a U-turn or continue to make the left turn. I was stopped by the officer who was just sitting there waiting for people to turn. He said there are 3 signs there but I only saw one at the last moment. This was is at Highway 7 and Swansea road in Markham.
Contact provincial offences office and ask them if they received your request for trial.

It can take them months to respond sometimes.
--
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
Feb 6, 2010
2 posts
Toronto
Hello all. Received a careless from an accident.

Question, what is concerned fatal flaw on tickets? My name is spelt wrong, can the ticket be thrown out?
Sr. Member
Jun 15, 2017
642 posts
144 upvotes
Ontario, Canada
dvsadam wrote:
Apr 7th, 2018 9:42 pm
Hello all. Received a careless from an accident.

Question, what is concerned fatal flaw on tickets? My name is spelt wrong, can the ticket be thrown out?
In Ontario, mis-spelled name is not a fatal flaw.
--
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
Apr 7, 2018
3 posts
Hi everyone,

Background
I got a ticket in Brighton, on March 10, 2018 for Failing to move into another lane for Emergency vehicle - if safe to do so as per Highway Traffic Act 159(3).

Me and my 3 other friends in the car saw 2 flashing police cars stopped on the Left side of the highway, and slowed down from 100 to 70 and were planning to move into the lane on the right.
But by the time I did move over avoiding the traffic to my right, we had passed the police cars and the car they had stopped.

The second police car behind the first one started following us and merely after 150m pulled us over towards the right side of the highway,
as I was already in middle lane by now, as I was in process of moving over and was always my intent.

Conversation with Officer
He asked me if I knew why he has stopped us and I said no. And he explained the charge and asked me if I know about this rule.
I said yes and that was all the conversation we had beside he asking me for car/insurance details etc.
He left after handing me the ticket for $490.


Actions I took and plan
I filed for a trial in court within the 15 days limit and received a NOTICE OF RESOLUTION MEETING for June 22, 2018 (almost after 2 months).
The meeting will be in Cobourg at County of Northumberland, which is an hour and a half drive from my location.

I am planning to send a request for Disclosure but would like some advice:
  1. I don't know if there was a police dash cam recording us (officer didn't mention any though). If there's a recording, the public prosecutor can argue that I moved after crossing the parked emergency vehicles ( thus making me guilty )
  2. If I meet the prosecutor, can I bargain for changing the offence to parking violation ( I believe that would not affect my insurance ) - don't know if this is even a valid thought lol
  3. should I send in the disclosure request... asking for disclosure doesn't automatically mean I want trial right and lose a chance with the prosecutor?

Any help is appreciated.

Thanks,
ak
Sr. Member
Jun 15, 2017
642 posts
144 upvotes
Ontario, Canada
akontario wrote:
Apr 8th, 2018 6:20 pm
Hi everyone,

Background
I got a ticket in Brighton, on March 10, 2018 for Failing to move into another lane for Emergency vehicle - if safe to do so as per Highway Traffic Act 159(3).

Me and my 3 other friends in the car saw 2 flashing police cars stopped on the Left side of the highway, and slowed down from 100 to 70 and were planning to move into the lane on the right.
But by the time I did move over avoiding the traffic to my right, we had passed the police cars and the car they had stopped.

The second police car behind the first one started following us and merely after 150m pulled us over towards the right side of the highway,
as I was already in middle lane by now, as I was in process of moving over and was always my intent.

Conversation with Officer
He asked me if I knew why he has stopped us and I said no. And he explained the charge and asked me if I know about this rule.
I said yes and that was all the conversation we had beside he asking me for car/insurance details etc.
He left after handing me the ticket for $490.


Actions I took and plan
I filed for a trial in court within the 15 days limit and received a NOTICE OF RESOLUTION MEETING for June 22, 2018 (almost after 2 months).
The meeting will be in Cobourg at County of Northumberland, which is an hour and a half drive from my location.

I am planning to send a request for Disclosure but would like some advice:
  1. I don't know if there was a police dash cam recording us (officer didn't mention any though). If there's a recording, the public prosecutor can argue that I moved after crossing the parked emergency vehicles ( thus making me guilty )
  2. If I meet the prosecutor, can I bargain for changing the offence to parking violation ( I believe that would not affect my insurance ) - don't know if this is even a valid thought lol
  3. should I send in the disclosure request... asking for disclosure doesn't automatically mean I want trial right and lose a chance with the prosecutor?

Any help is appreciated.

Thanks,
ak
1. No because you and a witness can testify that you were trying to move over.
2. No. In Ontario they will only change the charge to something that is similar (for example running stop sign to disobey sign). There is nothing similar to change this to.
3. No. See below.

You did not ask for a trial, you asked for an early resolution meeting. You usually do not get disclosure before/at an early resolution meeting. Early resolution meetings are usually a waste of time because if you don't get what you want, you will have to come back again on the trial date as well (and you do not get to review disclosure). If you go straight to trial you can meet with prosecutor before hand and see about the same deal you would have gotten at early resolution.

You can probably call provincial offences office and say you would like them to schedule a trial and you will not be attending early resolution meeting, if you decide to do it that way.

You will need at least one of your friends to attend court with you. If it goes to trial, then you will testify that you were trying to move over and then your friend can testify that they also remembering you trying to move over. If it is only you against the officers word then you will lose. If it is you and at least one witness against the officers word, then there is a good chance you will win.
--
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
Apr 7, 2018
3 posts
Hi ShrekTrek,

Thanks for clarifying my doubts.

1. So, in this case, Should I call and get a trial date and then mail them the Disclosure request once they send me the trial date OR
should I send in the disclosure request anyways to save time and also call tomorrow to get a trial date?

2. I will ask my friend to be my witness but would that be enough? I mean a family member or a friend would tend to be biased towards me right?
In this case, it will be me, witness (my friend) against the cop. Sorry, I am just trying to understand how this works...

3. It's also possible that there were 2 cops in the car which pulled us over, then can the second cop become their witness and testify against us?

4. Can the cop stopping us towards the right side of the highway work in our favour as this is the only main argument I have to show that I always intended to move over to the next lane ( they were stopped towards the far left side of the highway before he started following me )

5. As my resolution meeting date is June 22, 2018... can the trial date be around the same time or it can be at a later or earlier date? Should I call or mail to get a trial date?

Thanks a lot for your time!

Cheers,
ak

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