Automotive

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

Newbie
Mar 3, 2018
5 posts
1 upvote
So I got a court date coming up on May 24 and have not received disclosure yet. I have emailed them 2 months ago followed by a mail 1 month after. I have called them today (marking the 3 month after request) and they said it is almost ready and will be emailed to me when its ready. I know they're trying to push for it as far as they can to my court date. Will this help me in anyway? And how would I tell JP I would like to delay my trial to prepare my defense since i probably wouldn't be receiving my disclosure pretty much until my court date. Thanks
Newbie
Nov 27, 2008
19 posts
Toronto
A question about Option 3 - Trial Option. Speeding ticket. If you choose Option 3, are you expected and required to enter a Not Guilty plea and to defend yourself as such? If the police Officer shows up can you still plead Guilty on the Trial Date and plead down to a lesser charge?
Member
User avatar
Aug 11, 2011
238 posts
145 upvotes
Toronto
User848036 wrote:
May 16th, 2018 3:28 pm
So I got a court date coming up on May 24 and have not received disclosure yet. I have emailed them 2 months ago followed by a mail 1 month after. I have called them today (marking the 3 month after request) and they said it is almost ready and will be emailed to me when its ready. I know they're trying to push for it as far as they can to my court date. Will this help me in anyway? And how would I tell JP I would like to delay my trial to prepare my defense since i probably wouldn't be receiving my disclosure pretty much until my court date. Thanks
Ask for an adjournment at trial and state the days you have tried to get the disclosure in advance. (showing that you tried) JP should push the trail.
Member
User avatar
Aug 11, 2011
238 posts
145 upvotes
Toronto
Thermostat wrote:
May 16th, 2018 6:14 pm
A question about Option 3 - Trial Option. Speeding ticket. If you choose Option 3, are you expected and required to enter a Not Guilty plea and to defend yourself as such? If the police Officer shows up can you still plead Guilty on the Trial Date and plead down to a lesser charge?
You can plea guilty to a lesser charge on trial date - usually prosecution will cut a deal either before JP is there, or during.
Member
User avatar
Aug 11, 2011
238 posts
145 upvotes
Toronto
crayzie wrote:
May 16th, 2018 3:30 pm
If I pay through this site, I'd assume I won't have to show up at court on the specified date? The court date is next week so I don't know if its too tight a timeframe.

Thanks for your reply
Not sure - i assume no you wouldn't have to show up but best would be to call the office and confirm.
Newbie
Nov 8, 2015
29 posts
London, ON
Could really use a response on this one. Heading in to court in the morning. I know, I know, I should have posted sooner but I just noticed the filing date on the ticket
Newbie
Nov 8, 2015
29 posts
London, ON
DefconBrown wrote:
May 16th, 2018 12:19 pm
Thanks. Here is the ticket. Nothing on the back to note. Just check boxes with options to pay or fight. The stamp is faint, and in red, but it says "(something blurred) filed DEC 21 2017".

Image
Sorry. A response to this one
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
DefconBrown wrote:
May 16th, 2018 12:19 pm
Thanks. Here is the ticket. Nothing on the back to note. Just check boxes with options to pay or fight. The stamp is faint, and in red, but it says "(something blurred) filed DEC 21 2017".
Call the provincial offences office and ask them what date the CERTIFICATE of OFFENCE was filed. If it is different that the Dec 21 date, then ask them what the Dec 21 date stamp on your NOTICE of OFFENCE means.

Assuming the CERTIFICATE of OFFENCE was filed MORE than 7 days past the offence date, then the ticket should be thrown out. You can point this out to prosecutor when you show up for trial and if they still want to take it to trial then you point it out to JP when the trial starts.

The Ontario Provincial Offences Act says this in section 4:

Filing of certificate of offence
4 A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons.
Last edited by ShrekTek on May 17th, 2018 9:10 am, edited 2 times in total.
--
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
User848036 wrote:
May 16th, 2018 3:28 pm
So I got a court date coming up on May 24 and have not received disclosure yet. I have emailed them 2 months ago followed by a mail 1 month after. I have called them today (marking the 3 month after request) and they said it is almost ready and will be emailed to me when its ready. I know they're trying to push for it as far as they can to my court date. Will this help me in anyway? And how would I tell JP I would like to delay my trial to prepare my defense since i probably wouldn't be receiving my disclosure pretty much until my court date. Thanks
If you have not received disclosure within 2 weeks of trial date, then you can ask for an adjournment (new trial date) due to the fact that you need time to properly review the disclosure and time to prepare a defense.
--
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
Thermostat wrote:
May 16th, 2018 6:14 pm
A question about Option 3 - Trial Option. Speeding ticket. If you choose Option 3, are you expected and required to enter a Not Guilty plea and to defend yourself as such? If the police Officer shows up can you still plead Guilty on the Trial Date and plead down to a lesser charge?
Option 3 is plea of not guilty and requesting a trial. At the trial date you can accept a plea deal and plead guilty to that offer instead, or you can just change your plea when the trial starts and say you decided to plead guilty and dont want to fight it. There is no obligation to be stuck with not guilty plea.
--
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
crayzie wrote:
May 16th, 2018 3:30 pm
If I pay through this site, I'd assume I won't have to show up at court on the specified date? The court date is next week so I don't know if its too tight a timeframe.

Thanks for your reply
If you pay a ticket online before your trial date then you do not have to show. Even if they find you guilty at the trial because payment was delayed in the system, it would get sorted out when it shows that you had already paid it. Paying the ticket is admission of guilt.
--
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
Jan 15, 2018
62 posts
12 upvotes
Question about hypothetical radar scenerio and how to prove or argue this in court.

Radar Genesis 2.

If two cars are in the officers radar and speeds read out of only 1 car speeding and the other doing the limit. The first car is speeding but slows down as they drive toward the cop, the second car continues to drive at speed limit. Is it possible the cop can mistake the second car as the speeder in this scenario or can the cop be 100 percent sure that car #2 is the culprit? Any opinions welcome.

How could you argue this in court?

Additionally can Genesis 2 radar determine which car out if two is the "fastest" target?
Member
User avatar
Aug 11, 2011
238 posts
145 upvotes
Toronto
MikeTO2 wrote:
May 14th, 2018 11:11 am
hey guys,

Had 1st trial date - received hand written disclosure on the day from prosecution- argued for adjournment to prepare a defense since i requested disclosure 3 times before.

Next trial date will be 1 year from infraction date.

Officer Notes read -
Make of Car
Make of phone
-illegible
-Monday 22 Celsius illegible
-s/b lane
-stopped ln1
turning left
holding a black phone in the right hand navigation
-illegible

Planning to request typed up disclosure again. If i do not receive, can this be used to stay the trial?
How about the 1 year mark right to speedy trial?
If not, what kind of defense can i use from this?
TIA
bumpity bump bump
Member
User avatar
Aug 11, 2011
238 posts
145 upvotes
Toronto
ShrekTek wrote:
May 17th, 2018 9:10 am
Call the provincial offences office and ask them what date the CERTIFICATE of OFFENCE was filed. If it is different that the Dec 21 date, then ask them what the Dec 21 date stamp on your NOTICE of OFFENCE means.

Assuming the CERTIFICATE of OFFENCE was filed MORE than 7 days past the offence date, then the ticket should be thrown out. You can point this out to prosecutor when you show up for trial and if they still want to take it to trial then you point it out to JP when the trial starts.

The Ontario Provincial Offences Act says this in section 4:

Filing of certificate of offence
4 A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons.
Is this the same for my case-
The offence notice has 'Received Aug 10/ 2017' on it.
But on Notice of trial near the bottom it says 'issued at TORONTO SOUTH POA OFFICE this 29th day of August, 2017'.

Thx

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