Automotive

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

Newbie
Mar 3, 2018
5 posts
1 upvote
User848036 wrote:
Mar 4th, 2018 8:10 pm
Hello everyone!

So i got pulled over up north of Barrie. Cop said he pulled me over for doing 150+ when i wasn't and was going to impound my car and suspend my licence for 1 week. He didn't do it. When I got my ticket there was no R for a reduced ticket, ticket says 146. Cop also opened my door first thing walking up to my car with no probable cause. He intimidated me trying to get me to say i was trying to run when i didn't asking me why didn't i pull over when I did. He asked me if i wanted to be arrested before asking me a 3rd time. I have already emailed my disclosure to them already and waiting on it right now. I have my G2 and i talked to a lawyer and they told me a 129 is the best offer i should go for because since i have a G2, its an auto 30 day suspension unless i get it to a 129 which is a minor ticket opposed to a 130+ which is a major ticket. I have a couple of questions, what do you think my chances are? What can i do about the cop lying to me and opening my door? If I get my G before the court date, which I was already planning on doing when the weather is better, does the 30 day suspension get waived? I also have a motorcycle and I'm sure that would also be suspended too cause its my license that is getting suspended right (got a ticket in the car btw)? Thanks!
So this was my original post about the speeding ticket and I have just received disclosure through email today. My court date is tomorrow. Didn't seem like I got much from what i requested. One thing to note on the disclosure is that it doesn't indicate number of occupancy (there was 3 of us in the car), and where it says traffic its says lone. When he pulled me over there were no cars around me, but there were cars behind (There was a couple and I would say they were like 5 sec behind if you were to see his camera from when i stopped). Should I request adjournment since I got disclosure 1 day before trial? What are my options. Thanks
Last edited by User848036 on May 23rd, 2018 12:12 pm, edited 1 time in total.
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Mar 23, 2008
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Edmonton
User848036 wrote:
May 23rd, 2018 12:12 pm
So this was my original post about the speeding ticket and I have just received disclosure through email today. My court date is tomorrow. Didn't seem like I got much from what i requested. One thing to note on the disclosure is that it doesn't indicate number of occupancy (there was 3 of us in the car), and where it says traffic its says lone. When he pulled me over there were no cars around me, but there were cars behind (There was a couple and I would say they were like 5 sec behind if you were to see his camera from when i stopped). Should I request adjournment since I got disclosure 1 day before trial? What are my options. Thanks

https://drive.google.com/open?id=15SMcD ... EER4mNTBVc
You can ask for a delay, and will probably get one. But none of your questions on the disclosure seem like they'll help you fight the ticket. You might be best off seeing if you can get that <129 km/hour reduction, and save yourself another day spent in court.

C
Newbie
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Dec 20, 2014
53 posts
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Toronto, ON
Hey all, I got a ticket for making a left turn at a light which said I couldn't between certain time, but I was in a very bad position at the time and had no choice but to do so.

The disclosure says I made a right turn, which is completely legal. Can I claim a fatal error on this and have it thrown out, or even claim I had made the right turn? Cop doesn't have any video evidence. Am I good?

Thanks
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Mar 23, 2008
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Dubstep wrote:
May 23rd, 2018 2:14 pm
Hey all, I got a ticket for making a left turn at a light which said I couldn't between certain time, but I was in a very bad position at the time and had no choice but to do so.

The disclosure says I made a right turn, which is completely legal. Can I claim a fatal error on this and have it thrown out, or even claim I had made the right turn? Cop doesn't have any video evidence. Am I good?

Thanks
I would say to request your disclosure and go from there. Here's some reading for you:

Unfortunately, by requesting a trial (which I'm assuming you did, since you received disclosure), I don't believe this link below will help you. But take a look:
http://www.ticketcombat.com/offences/fi ... forceerror

Otherwise, check here:
http://www.ticketcombat.com/step5/quash.php

AFAIK, the prosecutor/cop can amend your ticket, so it won't be a fatal error. You might be able to get an delay to prepare your defense if you argue that you had incorrect information from the disclosure, but you could still end up fighting the correct charge. But if the ticket has the correct charge, then I'm not sure it will help you. You may want to post the actual police officer notes.

C
Newbie
Mar 3, 2018
5 posts
1 upvote
CNeufeld wrote:
May 23rd, 2018 1:45 pm
You can ask for a delay, and will probably get one. But none of your questions on the disclosure seem like they'll help you fight the ticket. You might be best off seeing if you can get that <129 km/hour reduction, and save yourself another day spent in court.

C
Yea, that was what i was advised to try to get as well. Will probably do that and save my time since Barrie is more than an hour drive... Question though, what about the other things i requested? Such as dash cam which I really want so I can report this cop for his traffic stop and things like typed notes. Also did it mention anywhere what he actually clocked me at on his radar gun? Can't seem to find it, just says speeding 147
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Mar 23, 2008
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User848036 wrote:
May 23rd, 2018 2:38 pm
Yea, that was what i was advised to try to get as well. Will probably do that and save my time since Barrie is more than an hour drive... Question though, what about the other things i requested? Such as dash cam which I really want so I can report this cop for his traffic stop and things like typed notes. Also did it mention anywhere what he actually clocked me at on his radar gun? Can't seem to find it, just says speeding 147
I can't read his notes, and I'm not going to spend much time trying to decipher them.

As far as a dash cam goes, you should be provided that if it's available. You could question him on that at trial (if he had one available, was it running, etc), and complain if it wasn't provided to you. But that won't change why he pulled you over, and it probably won't have audio. So I'm not sure how much that will help you.

C
Newbie
May 22, 2018
2 posts
ShrekTek wrote:
May 23rd, 2018 8:56 am
You should, as soon as possible, go back to area and take video/pictures to see if there are any 50 signs.

Plead Not Guilty and request a trial with the officer present. Once you get the Notice of Trial, then request disclosure (copy of officers notes) and post them back here.
yes, there is one 50 km/hr sign about 250m before the speed trap but no other 50 signs before that sign for another 300m.
Member
Apr 24, 2013
222 posts
85 upvotes
Crna Gora
ShrekTek wrote:
May 23rd, 2018 8:57 am
Driving without a license and driving with an expired license are the same thing.

I am pretty sure that insurance will not cover you in an accident if you were driving with expired license or without a license. You can call your insurance company to confirm.
Those are my thoughts as well
Newbie
May 22, 2018
1 posts
Hey all, couple of weeks ago I got ticketed for going 75km/hr on a posted 60 km/hr road (reduced from a 98!). Assuming I plan to request a trial and ultimately plead guilty if the disclosure is sufficient, my question would be when is the absolute latest I could still get away with the 15 over ticket/fine and 0 demerit points before the Justice commences with the trial, i.e. would it be after I get enough time to see whether the officer who charged me be present too? Also, would I be able to hire a paralegal after a trial date is set in stone and feel like I'll need one for the trial later on, or do I declare that when I request a trial?

Sorry if this is trivial, this is all news to me being my first ticket and completely stressed out.
Last edited by alex9n on May 23rd, 2018 9:16 pm, edited 1 time in total.
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
alex9n wrote:
May 23rd, 2018 9:16 pm
Hey all, couple of weeks ago I got ticketed for going 75km/hr on a posted 60 km/hr road (reduced from a 98!). Assuming I plan to request a trial and ultimately plead guilty if the disclosure is sufficient, my question would be when is the absolute latest I could still get away with the 15 over ticket/fine and 0 demerit points before the Justice commences with the trial, i.e. would it be after I get enough time to see whether the officer who charged me be present too? Also, would I be able to hire a paralegal after after a trial date is set in stone, or do I declare that when I request a trial?

Sorry if this is trivial, this is all news to me being my first ticket and completely stressed out.
You can plead guilty to the ticket as it is (75 in a 60) right up to the point of when you are before the JP and asked how do you plead.

Some prosecutors will not tell you whether or not the officer is there.

If you are not sure, you can tell prosecutor you plan to plead not guilty and want to go to trial.

When it is your turn, you will be called to front and asked your name.

The prosecutor will then do one of the following two things ...
(1) They will tell JP they are withdrawing the charge and you win. They do not have to give a reason why they are withdrawing the charge, but most likely the officer is not there.
(2) They will say they are ready to proceed to trial (this means the office is there) and that they will be seeking to amend the charge to 98 in a 60. You can then at this point say that you have decided to plead guilty to the 75 in 60 and do not want a trial.

So you can still plead guilty to the 15 over charge on the ticket right up to the point of being before the JP when your trial starts.

This is the only way to force the prosecutor to reveal whether the officer is present or not, and whether they have a case against 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.
--
Newbie
Mar 22, 2007
69 posts
20 upvotes
Scarborough
My wife got a traffic ticket for Disobey Official Sign but it was referencing HTA 151(1) which I've pasted below. This doesn't seem like it's referencing disobey official sign. It looks like it should be HTA 182 but in 151(1)b, it does mention erections of signs but references paved shoulder. Can this be argued as a fatal error where this is an unknown offense referencing Disobey Offical Sign but the HTA 151(1) does not have any reference to obeying traffic signs? I've already requested a trial for her and will I be able to get the prosecutor to drop the charge if I point this out on the trial date? Will the judge try to amend this on the trial date? If yes, can I get him to extend to another trial date and argue I did not have enough time to properly prepare for this since he's making the changes on the trial date?
151 (1) The Minister may by regulation designate any part of the King’s Highway where the paved shoulder may be driven on, and may make regulations,

(a) regulating the use of the paved shoulder on a designated part of the highway and prescribing conditions and circumstances for that use, including prescribing rules of the road applicable to the use of the paved shoulder, exemptions from any requirement in this Part or in a regulation made under this Part applicable to the use of the paved shoulder and conditions and circumstances for such exemptions;

(b) providing for the erection of signs and the placing of markings,

(i) on any highway approaching any part of a highway designated as having a paved shoulder that may be driven on, and

(ii) on any part of a highway designated as having a paved shoulder that may be driven on;

(c) prescribing the types of the signs and markings referred to in clause (b), instructions to be contained on them and the location of each type of sign and marking. 2005, c. 26, Sched. A, s. 24.

Regulations, signs and markings
182 (1) The Lieutenant Governor in Council may make regulations requiring or providing for the erection of signs and the placing of markings on any highway or any type or class thereof, and prescribing the types of the signs and markings and the location on the highway of each type of sign and marking and prohibiting the use or erection of any sign or type of sign that is not prescribed. R.S.O. 1990, c. H.8, s. 182 (1); 2002, c. 18, Sched. P, s. 32.

Signs to be obeyed
(2) Every driver or operator of a vehicle or street car shall obey the instructions or directions indicated on any sign so erected. R.S.O. 1990, c. H.8, s. 182 (2).

Section Amendments with date in force (d/m/y)
Sr. Member
Jun 15, 2017
736 posts
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Ontario, Canada
jon_na_fun wrote:
May 24th, 2018 11:37 am
My wife got a traffic ticket for Disobey Official Sign but it was referencing HTA 151(1) which I've pasted below. This doesn't seem like it's referencing disobey official sign. It looks like it should be HTA 182 but in 151(1)b, it does mention erections of signs but references paved shoulder. Can this be argued as a fatal error where this is an unknown offense referencing Disobey Offical Sign but the HTA 151(1) does not have any reference to obeying traffic signs? I've already requested a trial for her and will I be able to get the prosecutor to drop the charge if I point this out on the trial date? Will the judge try to amend this on the trial date? If yes, can I get him to extend to another trial date and argue I did not have enough time to properly prepare for this since he's making the changes on the trial date?
Can you scan and post ticket (black out personal info and officer info and ticket number).

Section 151(1) does not appear to be a section you can be charged under ... its simply saying the Minister can make regulations regarding certain things. So this would be a FATAL ERROR and your wife should NOT respond to the ticket... keep the original safe and do nothing. The ticket should get thrown out.
--
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
Mar 22, 2007
69 posts
20 upvotes
Scarborough
ShrekTek wrote:
May 24th, 2018 1:50 pm
Can you scan and post ticket (black out personal info and officer info and ticket number).

Section 151(1) does not appear to be a section you can be charged under ... its simply saying the Minister can make regulations regarding certain things. So this would be a FATAL ERROR and your wife should NOT respond to the ticket... keep the original safe and do nothing. The ticket should get thrown out.
Here it is. I already requested for a court date for her so i'm wondering if I need to go to trial and tell the prosecutor that this ticket is invalid.

Picture
Newbie
Mar 3, 2018
5 posts
1 upvote
Just had my trial today and want to thank everyone for their help. Court was in Barrie and ticket got dropped cause the cop didn't show up. Got lucky cause I had a 147 speeding ticket. Just a couple of questions for future reference. From what I hear the prosecutor usually doesn't tell you whether the cop is here or not, I asked and he told me hes likely not to show up and what I wanted if he does show up. Is this common? Also wondering about prosecutors asking for an adjournment since cop wasn't here. Prosecutor dropped every charge for cop not showing. OPP that pulled me over was a sergeant, I feel like sergeants are less likely to show cause they have better things to do, correct me if i'm wrong. Thanks
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Mar 23, 2008
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User848036 wrote:
May 24th, 2018 5:24 pm
Just had my trial today and want to thank everyone for their help. Court was in Barrie and ticket got dropped cause the cop didn't show up. Got lucky cause I had a 147 speeding ticket. Just a couple of questions for future reference. From what I hear the prosecutor usually doesn't tell you whether the cop is here or not, I asked and he told me hes likely not to show up and what I wanted if he does show up. Is this common? Also wondering about prosecutors asking for an adjournment since cop wasn't here. Prosecutor dropped every charge for cop not showing. OPP that pulled me over was a sergeant, I feel like sergeants are less likely to show cause they have better things to do, correct me if i'm wrong. Thanks
Gotta love the efficient use of your tax dollars...


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