Automotive

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

Deal Fanatic
User avatar
Mar 23, 2008
6431 posts
3534 upvotes
Edmonton
cnbobby wrote:
Apr 13th, 2018 2:08 pm
N license in BC
I was using the navigation on my phone while the phone was magnetically mounted
the car was stopped at traffic and policy just wave me over to the parking lot besides and give me a ticket for it
also there was a light bulb (LED, light blue, got it from ebay) and she also issue a ticket for it

going to the court in May, any suggestion how should I fight it? thanks!
Like any other ticket, request your disclosure, and review the law that you were charged with violating.

In BC, it looks like you can only operate a cell phone in a “hands free manner”. That would mean, apparently, no poking it with a finger. So how were you “using the navigation system”. Looking at it? Giving voice commands? Or typing in an address?

As far as the “stopped at traffic”, that’s no help for you. Unless you’re pulled over and parked, you’re not allowed.

ETA: Just read the following document:
https://www2.gov.bc.ca/assets/gov/drivi ... riving.pdf

Class N drivers aren't allowed to use any electronic devices, including hands-free devices. You're screwed.

And from this page:
https://www2.gov.bc.ca/gov/content/tran ... stractions
As well, the driving record of any GLP driver with 3 points or more – from distracted driving or other offences – will automatically undergo a review by the Superintendent of Motor Vehicles – see the Driver Improvement Program page for more information. If the Superintendent issues a driving prohibition to a driver in the Novice stage, the 24-month Novice driving period starts over when the prohibition ends and the novice driver gets re-licensed.
You could be looking at a license suspension. No idea if they will or not, but they can. You may want to consider hiring representation.

EDITED AGAIN TO ADD...
You can also look here... The screwing just doesn't stop...
http://www.icbc.com/driver-licensing/ti ... oints.aspx

There's a $175 annual increase on your insurance (assuming you don't get any more tickets in the year), and a $490 Driver Risk Premium (effective to infractions from March 1, 2018). Not sure if those are automatic, or at the discretion of a judge, or what...

C
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
behzadip wrote:
Apr 13th, 2018 1:57 pm
If I request a trial date and they want to amend/re-issue when will I hear about it?
so if in ERM they drop the no ticket and keep the speeding you think I should take it and not gamble?
Sorry I'm taking too much of your time this will be my last question for sure :)
Well again if you decide to fight speeding ticket they will probably not drop the other one, and you wont be able to beat it, so you would still end up with one ticket. And then you are potentially facing the two tickets if you lose at trial (with the higher 21 over fine).

Probably best bet is to tell prosecutor about wrong speed zone. And bring proof of whatever you did not have with you for no card ticket. There is a small chance the prosecutor will be in a good mood and drop both. If they only offer to drop no card ticket for guilty plea on 10 over, then that is probably your best bet to just accept 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.
--
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
xylene567 wrote:
Apr 13th, 2018 9:08 pm
Thank you. I am going to trial.
google this:
representing yourself in court truth whole truth nothing but the truth

and look about third choice down for article with title:
Representing Yourself In Court– the Truth, the Whole Truth and Nothing but the Truth

This will give you some insight on what to expect at trial.
--
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
Sep 10, 2014
21 posts
4 upvotes
Toronto, ON
ShrekTek wrote:
Apr 14th, 2018 8:49 am
google this:
representing yourself in court truth whole truth nothing but the truth

and look about third choice down for article with title:
Representing Yourself In Court– the Truth, the Whole Truth and Nothing but the Truth

This will give you some insight on what to expect at trial.
Awesome thank you.
Newbie
Jan 24, 2015
7 posts
Mississauga, ON
ShrekTek wrote:
Apr 3rd, 2018 7:00 pm
In the USA happens all the time. In Ontario, never happens.
Based on the officer notes, is it worth fighting the ticket?
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Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
Arkansas2045 wrote:
Apr 15th, 2018 11:00 pm
Based on the officer notes, is it worth fighting the ticket?
Officers notes are good and pretty much everything is there. Best bet is to show up for trial and tell prosecutor you will plead guilty to reduced speed. Prosecutor has no obligation to offer you a deal, but probably will. So you can hope for at least a drop to 29 over (3 demerits). Any reduction in speed will reduce the fine and save you some money that way. Demerits are irrelevent as far as insurance goes, so 0 or 3 or 4 will cause same possible increase in insurance.
--
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
Careless Driving ticket from an accident where I rear ended someone in Barrie back in February. Requested disclosure and got the witness statements and notes. The summary of the story is that we had our puppy in the back seat (Active Lab Retriever weighing about 50 lbs) in a harness clipped in to the seat belt. The harness failed and he managed to lunge in front of my face, all the cars in front of me hit the brakes, and I was a second or two late in doing so and hit the car in front which was basically stopped, and he hit the car in front of them. Conditions were slippery as it just finished wet snow/rain.
All the witness statements basically say the same thing, that I didn't stop in time and I hit the vehicles that were already stopped.

I don't think my driving was "careless" although I'm not sure if the equipment failure for the dog is a viable defense. I have pictures of the harness that I can bring with me as evidence.

I didn't make a statement on record at the scene so there are no notes from my end.

Any help is appreciated here.

Cheers!
Deal Fanatic
User avatar
Mar 23, 2008
6431 posts
3534 upvotes
Edmonton
dvsadam wrote:
Apr 16th, 2018 4:39 pm
Careless Driving ticket from an accident where I rear ended someone in Barrie back in February. Requested disclosure and got the witness statements and notes. The summary of the story is that we had our puppy in the back seat (Active Lab Retriever weighing about 50 lbs) in a harness clipped in to the seat belt. The harness failed and he managed to lunge in front of my face, all the cars in front of me hit the brakes, and I was a second or two late in doing so and hit the car in front which was basically stopped, and he hit the car in front of them. Conditions were slippery as it just finished wet snow/rain.
All the witness statements basically say the same thing, that I didn't stop in time and I hit the vehicles that were already stopped.

I don't think my driving was "careless" although I'm not sure if the equipment failure for the dog is a viable defense. I have pictures of the harness that I can bring with me as evidence.

I didn't make a statement on record at the scene so there are no notes from my end.

Any help is appreciated here.

Cheers!
My first thought is you may want to attend an early meeting with the prosecutor to see if you can negotiate it down to something with less impact. Then if that fails, you could hire a paralegal to defend you, unless you think you can out debate a prosecutor.

If you do want to fight it yourself, I’d go with “did you do what a reasonable person would do”?

C
Newbie
Apr 15, 2018
2 posts
Edmonton AB
Hello All

Please see timeline/summary of events below - could someone please provide guidance on how to proceed with next step? Is it possible to apply for stay of trial as a result of delays?

Offence: Speeding

Location: Edmonton Area AB

Offence Date: Early May 2017

Notice Of Trial Received: Late July 2017

Trial Date: Mid April 2018 (>11 months from date of offence)

Initial Request For Disclosure (via Xpresspost): Early January 2018

Follow-Up Request For Disclosure (via Xpresspost): Mid March 2018

Disclosure Provided: No

Pre-Trial Discussion with Prosecutor:
Upon checking in with Prosecutor, I was asked to confirm that all items requested in my RFD were received - I responded no I did not receive anything whatsoever. Looking somewhat frazzled, the Prosecutor pulled out my file which I could see contained both RFD letters and then suddenly ‘remembered’ that I was the one who failed to provide a phone number. They said that my Disclosure package was waiting for me to be picked-up from their downtown office. I asked them why they didn't just mail it to me as I requested, to which they replied that it was a matter of “security” - I asked them how that makes any sense given that the Government is okay with mailing out new Passports? No answer… Prosecutor then stated that they would be requesting an adjournment for late October 2018.

Discussion with JOP and Prosecutor:
Prosecutor stated to JOP that there was an error with my disclosure, and proceeded to blame me for not following the required “disclosure protocol”. JOP asked if I followed-up on my initial RFD - I responded yes, via registered mail, while at the same time the Prosecutor tried to talk over me saying “incorrect follow-up method”. JOP then stated that they would cut me some slack this time around (which I was hoping would mean stay of proceedings); however, all this translated to was an adjournment for late October 2018 (exact date exceeds 18 months from offence date).

Please let me know and I can provide additional information if needed…

Thanks in advance and much appreciated, SH42
Newbie
Apr 15, 2018
1 posts
Hi,

I bought a new car and did not have the money to pay for the repairs for safety. I got pulled over driving an unregistered car with my plates and sticker on it.
I got five tickets:
1) no insurance
2) use plates no authorised for vehicle
3) failed to apply for permit for becoming new owner
4) drive motor vehicle no currently validated permit
5) use validation not furni for use by ministry ( not sure what was written on the ticket)

My court date is tomorrow. Any advice would be greatly appreciated.

The cop did tell me that he wrote in the files that i had financial troubles for the safety. The car is now legal with insurance and registered.

Thank you
Rg
Deal Fanatic
User avatar
Mar 23, 2008
6431 posts
3534 upvotes
Edmonton
SkankHunt422 wrote:
Apr 16th, 2018 8:18 pm
Hello All

Please see timeline/summary of events below - could someone please provide guidance on how to proceed with next step? Is it possible to apply for stay of trial as a result of delays?

Offence: Speeding

Location: Edmonton Area AB

Offence Date: Early May 2017

Notice Of Trial Received: Late July 2017

Trial Date: Mid April 2018 (>11 months from date of offence)

Initial Request For Disclosure (via Xpresspost): Early January 2018

Follow-Up Request For Disclosure (via Xpresspost): Mid March 2018

Disclosure Provided: No

Pre-Trial Discussion with Prosecutor:
Upon checking in with Prosecutor, I was asked to confirm that all items requested in my RFD were received - I responded no I did not receive anything whatsoever. Looking somewhat frazzled, the Prosecutor pulled out my file which I could see contained both RFD letters and then suddenly ‘remembered’ that I was the one who failed to provide a phone number. They said that my Disclosure package was waiting for me to be picked-up from their downtown office. I asked them why they didn't just mail it to me as I requested, to which they replied that it was a matter of “security” - I asked them how that makes any sense given that the Government is okay with mailing out new Passports? No answer… Prosecutor then stated that they would be requesting an adjournment for late October 2018.

Discussion with JOP and Prosecutor:
Prosecutor stated to JOP that there was an error with my disclosure, and proceeded to blame me for not following the required “disclosure protocol”. JOP asked if I followed-up on my initial RFD - I responded yes, via registered mail, while at the same time the Prosecutor tried to talk over me saying “incorrect follow-up method”. JOP then stated that they would cut me some slack this time around (which I was hoping would mean stay of proceedings); however, all this translated to was an adjournment for late October 2018 (exact date exceeds 18 months from offence date).

Please let me know and I can provide additional information if needed…

Thanks in advance and much appreciated, SH42
Sounds like they’re tagging you for the delays (not following procedure). Which means arguing for it to get thrown out based on delay won’t work. Do you have any grounds to fight the actual ticket?

If you’re depending on the delay, I suspect you will lose in court, and have to appeal. It would be a question of how far you want to pursue it.

C
Deal Fanatic
User avatar
Mar 23, 2008
6431 posts
3534 upvotes
Edmonton
RahulG7290 wrote:
Apr 16th, 2018 9:05 pm
Hi,

I bought a new car and did not have the money to pay for the repairs for safety. I got pulled over driving an unregistered car with my plates and sticker on it.
I got five tickets:
1) no insurance
2) use plates no authorised for vehicle
3) failed to apply for permit for becoming new owner
4) drive motor vehicle no currently validated permit
5) use validation not furni for use by ministry ( not sure what was written on the ticket)

My court date is tomorrow. Any advice would be greatly appreciated.

The cop did tell me that he wrote in the files that i had financial troubles for the safety. The car is now legal with insurance and registered.

Thank you
Rg
Did you request disclosure, and get it? And can you provide the location and actual infraction numbers? There’s s big difference between not having insurance and failing to provide proof of insurance.

C
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
RahulG7290 wrote:
Apr 16th, 2018 9:05 pm
Hi,

I bought a new car and did not have the money to pay for the repairs for safety. I got pulled over driving an unregistered car with my plates and sticker on it.
I got five tickets:
1) no insurance
2) use plates no authorised for vehicle
3) failed to apply for permit for becoming new owner
4) drive motor vehicle no currently validated permit
5) use validation not furni for use by ministry ( not sure what was written on the ticket)

My court date is tomorrow. Any advice would be greatly appreciated.

The cop did tell me that he wrote in the files that i had financial troubles for the safety. The car is now legal with insurance and registered.

Thank you
Rg
Bring proof that you got everything done and fixed, and there is a chance that prosecutor may offer to drop some of the charged. However driving without insurance is a very serious charge and most likely you will not get off of that one.
--
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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