Automotive

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

Member
Jul 2, 2009
222 posts
56 upvotes
Montreal
Hi,

I live in Montreal, Quebec.
Are the cops allowed to enter a condo building's closed private garage in order to give a basic traffic ticket?
The cops followed my car into the garage all the way to my parking spot. I was basically out of my car when they parked next to me and gave me a ticket.
I didn't know they were following me since the sirens were off (apparently I burned a red light).

Thank you
Newbie
Jan 1, 2008
61 posts
Mississauga
CNeufeld wrote:
Apr 24th, 2018 1:12 pm
I was going to reply to your long post, but this one is shorter, so... :)

I would say it's unlikely you'll win if you go to trial. So you can meet with the prosecutor, remind them nicely that you have a long clean driving record, and ask for a break. I would guess you'll be able to negotiate some kind of reduction. But it will still count as a conviction on your insurance, even if you reduce the demerits. So it's your choice about whether it's worth it to spend your time to save (for example) $100.

As far as the paralegal goes, unless you can get a guarantee they will get you off entirely (no plea bargaining down to a reduced fine), it wouldn't be worth it to hire one. You can do the same thing they can do.

And as ShrekTek said, nothing you posted is any kind of defense. Doesn't matter what the other guy did, doesn't matter why he picked you instead of the other guy, etc. So you'll be wasting the court's time and your time if you wait for a trial and argue that. Unless, of course, the cop doesn't show...

C
Hi sorry for the late reply. Been so busy at work. I just realized tomorrow is my trial. So when you guys said to meet with prosecutor, what exactly do you meant by that? When i go to trial tomorrow, do we meet up with the prosecutor first before standing in front of the judge? Is that where i will say how sorry i am that i made a mistake etc.. with the prosecutor? Or i should have met with the prosecutor first? days before the trial?

Thanks (so nervous)
Newbie
Jan 1, 2008
61 posts
Mississauga
ShrekTek wrote:
Apr 24th, 2018 5:48 pm
Basically if you go to trial you will lose. This type of charge (rolling stop signs, running red lights) where it is basically the officer saying you did something is almost impossible to beat.

There is nothing wrong with going to trial to learn how the court system works, if you have the time.

There are 4 options that I see...

(1) Best case is that when you show up for trial, the prosecutor will offer you a plea deal to some lesser charge that has smaller fine (but most likely will still affect your insurance).

(2) Next best case is you claim all your financial hardships and how sorry you are and try to get the fine reduced.

(3) Worst case is that you lose at trial and still have to pay the full amount.

(4) Or you can just pay the fine and be done with it.
Hi sorry for the late reply. So basically you recommend me to do option #1 right? So how do I know if I’m getting a good deal from the prosecutor? Or do i just accept what he/she has to offer me and be done with it?

Thanks... I’m so anxious right now help
Newbie
May 5, 2018
2 posts
This morning I was caught in a speed trap (clear morning, low density commercial / industrial). Officer clocked me on radar going ~20 over in a 60 zone.
The ticket was reduced to 15 over 60 and no demerit points. The fine is $52.50. The fine is no problem but I'm concerned about insurance for the next 3 years.

From what I've read the last 20-30 pages or so it doesn't seem likely that I'll be able to get this thrown out. Thoughts?
The fine is due to Halton Court Services. Not sure what the track record there is with trails, seems like I'd be gambling to get this thrown out.
Ticket has R on it. If I understood correctly then there's not much I can do with a disclosure.

How will this affect insurance? Any experiences with this? I'm up for renewal in June and the rate was to be reduced.
Newbie
Oct 13, 2015
69 posts
38 upvotes
Brampton, ON
Need advice.

Got a speeding ticket and deliberating whether to fight it or not. I was turning on to road of speed limit of 80 to speed limit of 40. When I entered the zone, i was doing 40 as expected but after slight curve noticed the next signal was going to turn amber soon. I goofed up and increased the speed to clear the next intersection before red light. I did not notice there was grey stealth police cruiser waiting with radar opposite side of road. I did break to reduce the speed after seeing the police car but it was too late. Police officer said I was going 30 over but looking at my clean record, reduced it to 10 over speed limit so no demerit points. He mentioned if I go to trial, it will be back to original charge of 30 over speed limit with demerit points. I don't have much of defense if i go to trial, but I get it dropped if the police officer does not show up. my question is if I go to trial, will I pleading to charge of 30 over or 10 over if the police office showed up at trial? if it will be 30 over then I dont see a point of going to trial.
I have today and tomorrow to decide.
Jr. Member
Nov 3, 2005
110 posts
7 upvotes
ShrekTek wrote:
Feb 15th, 2018 6:42 pm

You have already sent 2 request and have called to check on disclosure. Keep notes on the dates you sent requests and dates you called. You can send another request if you want, but not that necessary.

At trial if the officer shows up, you can ask for it to be dropped because it was not provided, but JP will order prosecutor/officer to get it to you and set a new date. If you get to a second trial date, then you might get it dropped for lack of disclosure but not at first trial date.
My trial date will be in 2 weeks but there is still no disclosure available. They told me that just last week in my the fifth call to the procecutor office . They also told me to ask for it at the trial. I have not been to the traffic trial before. Any advice to appear in front of the the JP? I am thinking to hire an expert to represent me at this trial to get the ticket off my record.
Deal Fanatic
User avatar
Mar 23, 2008
6448 posts
3548 upvotes
Edmonton
maxme09 wrote:
May 7th, 2018 7:12 am
Need advice.

Got a speeding ticket and deliberating whether to fight it or not. I was turning on to road of speed limit of 80 to speed limit of 40. When I entered the zone, i was doing 40 as expected but after slight curve noticed the next signal was going to turn amber soon. I goofed up and increased the speed to clear the next intersection before red light. I did not notice there was grey stealth police cruiser waiting with radar opposite side of road. I did break to reduce the speed after seeing the police car but it was too late. Police officer said I was going 30 over but looking at my clean record, reduced it to 10 over speed limit so no demerit points. He mentioned if I go to trial, it will be back to original charge of 30 over speed limit with demerit points. I don't have much of defense if i go to trial, but I get it dropped if the police officer does not show up. my question is if I go to trial, will I pleading to charge of 30 over or 10 over if the police office showed up at trial? if it will be 30 over then I dont see a point of going to trial.
I have today and tomorrow to decide.
It will only go to the original charge IF you go all the way to trial. I believe you can plead guilty at the start of the trial and still get the lower charge. But the prosecutor probably won't tell you before the trial if the police officer is there or not, so...

C
Newbie
Oct 13, 2015
69 posts
38 upvotes
Brampton, ON
I guess I should pay the fine and be done with it.
Deal Fanatic
User avatar
Mar 23, 2008
6448 posts
3548 upvotes
Edmonton
MrLout wrote:
May 6th, 2018 2:05 pm
This morning I was caught in a speed trap (clear morning, low density commercial / industrial). Officer clocked me on radar going ~20 over in a 60 zone.
The ticket was reduced to 15 over 60 and no demerit points. The fine is $52.50. The fine is no problem but I'm concerned about insurance for the next 3 years.

From what I've read the last 20-30 pages or so it doesn't seem likely that I'll be able to get this thrown out. Thoughts?
The fine is due to Halton Court Services. Not sure what the track record there is with trails, seems like I'd be gambling to get this thrown out.
Ticket has R on it. If I understood correctly then there's not much I can do with a disclosure.

How will this affect insurance? Any experiences with this? I'm up for renewal in June and the rate was to be reduced.
There’s no reason based on what you posted for them to “throw out” your ticket. So if you take it to trial (not trail), you’ll be rolling the dice on the officer being there or not. But you don’t have much to lose, as you can plead guilty at trial and avoid going back to the original charge, which isn’t much more anyway.

As far as insurance... If you send in your money now, you’re pleading guilty. Which means it can show on your abstract if your company pulls it for this renewal. If you go to trial, it will probably be after your insurance is renewed this year, so you might be able to push it off a year. But then you might have “ticket forgiveness”, meaning your first ticket won’t cause an increase anyway. You’ll have to investigate that yourself.

C
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
tommi wrote:
May 7th, 2018 10:20 am
My trial date will be in 2 weeks but there is still no disclosure available. They told me that just last week in my the fifth call to the procecutor office . They also told me to ask for it at the trial. I have not been to the traffic trial before. Any advice to appear in front of the the JP? I am thinking to hire an expert to represent me at this trial to get the ticket off my record.
I would not waste your money yet.

Show up for trial date. Prosecutor may or may not have disclosure for you.

Either way, when you get up in front of JP, you say you have been diligent in trying to get disclosure because you sent letter on dates AAA and BBB and then called on dates CCC and DDD and EEE and they still did get it to you so you have not been able to prepare a defense and want the charges dropped.

Most likely JP will not drop charges but will instead tell prosecutor to get you disclosure and set a new trial date.

You should object and say "I object to a new trial date for the reasons I just gave, but if that is your decision then the delay needs to be counted against the prosecution and not me because I did my best and it is their fault I did not get it."
--
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
caltex wrote:
May 6th, 2018 12:32 pm
Hi sorry for the late reply. So basically you recommend me to do option #1 right? So how do I know if I’m getting a good deal from the prosecutor? Or do i just accept what he/she has to offer me and be done with it?

Thanks... I’m so anxious right now help
If prosecutor offers you a deal, you can say "Can I have a few minutes to go google it and call my insurance company to figure out if its a better deal for me insurance wise?" They will most likley give you some time to figure that out. Usually if they offer you a deal it will involve a reduced fine but probably it will still affect your insurance. Anyways it is up to you to figure out if its a better for you or not.
--
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.
--
Jr. Member
Nov 3, 2005
110 posts
7 upvotes
ShrekTek wrote:
May 7th, 2018 5:50 pm
I would not waste your money yet.

Show up for trial date. Prosecutor may or may not have disclosure for you.

Either way, when you get up in front of JP, you say you have been diligent in trying to get disclosure because you sent letter on dates AAA and BBB and then called on dates CCC and DDD and EEE and they still did get it to you so you have not been able to prepare a defense and want the charges dropped.

Most likely JP will not drop charges but will instead tell prosecutor to get you disclosure and set a new trial date.

You should object and say "I object to a new trial date for the reasons I just gave, but if that is your decision then the delay needs to be counted against the prosecution and not me because I did my best and it is their fault I did not get it."
Thank you. If the JP counts against the prosecution, does it mean the additional wait time is counted against the 18 months that could be used to ask for a stay? What would a day in the traffic court be like, anyone has had recent experience at traffic court?
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
tommi wrote:
May 7th, 2018 7:26 pm
Thank you. If the JP counts against the prosecution, does it mean the additional wait time is counted against the 18 months that could be used to ask for a stay? What would a day in the traffic court be like, anyone has had recent experience at traffic court?
Yes it counts towards 18 months IF it is counted against prosecution. If delay is counted against you then it does not apply to 18 months.

Best way to to learn about what its like in traffic court is to show up! :)
--
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
May 5, 2018
2 posts
CNeufeld wrote:
May 7th, 2018 11:34 am
There’s no reason based on what you posted for them to “throw out” your ticket. So if you take it to trial (not trail), you’ll be rolling the dice on the officer being there or not. But you don’t have much to lose, as you can plead guilty at trial and avoid going back to the original charge, which isn’t much more anyway.

As far as insurance... If you send in your money now, you’re pleading guilty. Which means it can show on your abstract if your company pulls it for this renewal. If you go to trial, it will probably be after your insurance is renewed this year, so you might be able to push it off a year. But then you might have “ticket forgiveness”, meaning your first ticket won’t cause an increase anyway. You’ll have to investigate that yourself.

C
Thanks for the response. I think I have some idea of what to do now.

So I'd go the court house to get a trial date. I'll attend that. If the officer doesn't show up (I hear this is unlikely) then it's thrown out? Would I have to do or say anything in this case other than show up?

What happens if the officer is there? What's the usual order of the trial? Do they ask me to plead first for the reduced ticket? Or do they immediately increase from reduced after I request a trial?
Newbie
May 8, 2003
14 posts
Hi, need some advice, as I have a court date next week.

I received a ticket for speeding 58 in a 40 zone close to my house. The officer that stopped me setup a speed trap in an odd spot, visibility is partially obstructed on his side, and I could barely see him when he came out on the road, I didn't even realize he was an officer as it was so dark. I didn't notice my speed, so I took his word on it, but as the light for me was red I would not have been in a hurry to stop and wait.

The disclosure details are below:

174, blk Honda, dr alone, says sorry a couple of times, polite

TUE, 6017/Explorer, mild, dry.
Set up laser Atlanta 500813 on s/side Berry rd at Glenn Arthur Dr.
1 lane EB/posted 40km/h (400m, 300m partially obstructed by tree/leaves until you get closer to it), about 20m beyond setup)
Tested LA: 1. 2:39pm, 2. 11:09pm (55m/61m/77m)
Trained qualified officer

HTA 128

Overall I have a clean record, I've only ever had one other ticket (speeding), but that was over 13 years ago. Is there anything that you would recommend?

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