Automotive

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

Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
behzadip wrote:
Jun 1st, 2018 3:24 pm
ShrekTek has already sent me a response for my case but I have a few more questions regarding my case. Summary of my case is that officer pulled me over for going 61 in a 40 zone. He was in a parking lot with a radar gun. He then reduced the fine in spot to going 50 in a 40 zone. Also charged me for fail to surrender insurance card as I had the expired card in my card even though it was removed.
Based on officer disclosure and some evidence taken from google maps I can prove that I was not in a 40 zone as the school zone had not started where he has me on his radar. I just requested to receive radar gun calibration record, not sure if they will send me this information though.
Questions are:
- if they want to change the charge to going 60 in a 50 zone instead of what was on the ticket (50 in 40), they have to let me know before the trial or can they change it in the middle of it?
- is there any chance of dropping a fail to surrender insurance card in trial?
- is there any possible good outcome that you might imagine for this case or should I try for a plea deal before trial start?
Remember that it is NOT the speed where the officer stops you that counts ... it is where the officer says they saw you speeding. If you can prove that it was not a 40 zone then that means the charge is incorrect and you will win.

They can let you know before the trial starts that they will be seeking an amendment to the original speed of 61 in a 40. They can NOT amend it from a 40 zone to a 50 zone.

The prosecutor may offer to drop the fail to produce insurance card IF you plead guilty to the speeding ticket. If you want to take the speeding ticket to trial then they will not drop the fail to produce ticket and you will definitely not beat that one.

If you fight the speeding ticket, there is a possibility you could win if you have experience fighting tickets. However with no experience there is a good chance that you will lose and then you will charged at the higher speed of 61 in a 40 and you will also be charged with the fail to produce.

If you are offered deal to drop fail to produce for a guilty plea of 50 in 40 I would take the deal.
--
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 26, 2014
90 posts
37 upvotes
So I got a ticket for doing a rolling stop. I am sure I stopped. Admittedly a fast stop, and I hit the brakes (just to slow down a bit... not stop) a second time when I saw the cop. I live down the street and was rubbernecking wondering if there was something going on... however I won't be mentioning this. There is a large tree between us. My argument is that their view was partially obstructed, and didn't see me behind the tree stopping. I am guessing they will say that all they need to see is some part of the vehicle.

I went and took some pictures today of my view while stopped before the stop sign. (need to take another picture after work from the officers view). In the picture, there is a white car behind the large tree... however it is entirely blocked. This is about 40 meters from me. Any issue with showing the prosecutor these pictures before court? My court date is tomorrow. Do they usually drop charges if the accused has evidence? I would rather not stay in court all day. Thanks!
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Sr. Member
User avatar
Apr 12, 2011
533 posts
323 upvotes
downtown TO
Can anyone take a look at these notes I got from disclosure?
The charge was speeding 55km in a 40zone. The officer told me that the radar showed 61km/h but they reduced it to 55 because of my 'clean' record.
I asked for disclosure using the template here, but it never came. Went to court, explained that I requested disclosure, and the prosecutor says that they have my disclosure but since I didn't include my phone number, it was never sent to me. My trial was then adjourned, and the prosecutor handed over my disclosure right then.

If anyone can see anything 'wrong' within the officers notes, any help is appreciated! I also received a DVD of the dashcam if that matters.

PAGE 1 of 2
https://drive.google.com/open?id=1xfLAB ... eht9MmOCnc

PAGE 2 of 2
https://drive.google.com/open?id=1Tfy8j ... 5JXrNgNIQB
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
rtsam77 wrote:
Jun 4th, 2018 9:26 am
So I got a ticket for doing a rolling stop. I am sure I stopped. Admittedly a fast stop, and I hit the brakes (just to slow down a bit... not stop) a second time when I saw the cop. I live down the street and was rubbernecking wondering if there was something going on... however I won't be mentioning this. There is a large tree between us. My argument is that their view was partially obstructed, and didn't see me behind the tree stopping. I am guessing they will say that all they need to see is some part of the vehicle.

I went and took some pictures today of my view while stopped before the stop sign. (need to take another picture after work from the officers view). In the picture, there is a white car behind the large tree... however it is entirely blocked. This is about 40 meters from me. Any issue with showing the prosecutor these pictures before court? My court date is tomorrow. Do they usually drop charges if the accused has evidence? I would rather not stay in court all day. Thanks!
You can try and show him before court. Most likely they wont care and will proceed to trials. They deal with everything else first, so anybody sticking around for trial will have to hang around until they get to you.
--
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
fishscale4sale wrote:
Jun 4th, 2018 1:47 pm
Can anyone take a look at these notes I got from disclosure?
The charge was speeding 55km in a 40zone. The officer told me that the radar showed 61km/h but they reduced it to 55 because of my 'clean' record.
I asked for disclosure using the template here, but it never came. Went to court, explained that I requested disclosure, and the prosecutor says that they have my disclosure but since I didn't include my phone number, it was never sent to me. My trial was then adjourned, and the prosecutor handed over my disclosure right then.

If anyone can see anything 'wrong' within the officers notes, any help is appreciated! I also received a DVD of the dashcam if that matters.

PAGE 1 of 2
https://drive.google.com/open?id=1xfLAB ... eht9MmOCnc

PAGE 2 of 2
https://drive.google.com/open?id=1Tfy8j ... 5JXrNgNIQB
The only thing I see is that the officer never wrote down what times the device was tested or the outcome the tests. Although they mention is self tests every hour, there is no mention of the specific times it does these tests or the outcomes of those tests. In theory they are supposed to say they tested the device at some point before enforcement and at some time after enforcement.

Note that if you go to trial and lose, then they could raise the speed back up to the original 21 over.
--
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 11, 2018
8 posts
ShrekTek wrote:
Jun 1st, 2018 9:57 pm
Remember that it is NOT the speed where the officer stops you that counts ... it is where the officer says they saw you speeding. If you can prove that it was not a 40 zone then that means the charge is incorrect and you will win.

They can let you know before the trial starts that they will be seeking an amendment to the original speed of 61 in a 40. They can NOT amend it from a 40 zone to a 50 zone.

The prosecutor may offer to drop the fail to produce insurance card IF you plead guilty to the speeding ticket. If you want to take the speeding ticket to trial then they will not drop the fail to produce ticket and you will definitely not beat that one.

If you fight the speeding ticket, there is a possibility you could win if you have experience fighting tickets. However with no experience there is a good chance that you will lose and then you will charged at the higher speed of 61 in a 40 and you will also be charged with the fail to produce.

If you are offered deal to drop fail to produce for a guilty plea of 50 in 40 I would take the deal.
It's a long shot but someone can claim that a pink slip is not a proof of having insurance. The insurance company send the renewal slip almost a month before the date and one can easily call in and cancel. So having an updated slip doesn't mean it's valid. As for proof of having insurance at all the policy number is important to check which was present on the old pink slip. I think they can check insurance status on their system
Newbie
May 30, 2018
5 posts
Thanks so much for taking the time to respond. I'm going to file the appeal forms. I was one of those uninformed few that used to think that if you have a clean driving record and get a single ticket that your license is safe, now I know better. I'll let you know how it goes.
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
behzadip wrote:
Jun 4th, 2018 3:13 pm
It's a long shot but someone can claim that a pink slip is not a proof of having insurance. The insurance company send the renewal slip almost a month before the date and one can easily call in and cancel. So having an updated slip doesn't mean it's valid. As for proof of having insurance at all the policy number is important to check which was present on the old pink slip. I think they can check insurance status on their system
So we need to make a ditinction here...

Were you charged for failing to have insurance on the vehicle (very serious, huge fine like $5,000), or failing to provide the insurance card when requested (very minor, small fine).

Failing to provide the insurance card is NOT the same as failing to have 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
Oct 29, 2011
9 posts
2 upvotes
Ontario
Hi,

In January 2018, Kid got a ticket 144(9), proceed contrary to sign, for turning right at an intersection where no right/left is allowed (possibly due to ongoing construction, and we believe a temporary sign indicating such was knocked over in Winter traffic). Regardless, the ticketing officer is currently suspended with pay because the two officers 'allegedly' consumed some edibles from a dispensary they raided the day following the ticket. In May, the Officers were also charged with destroying evidence. So we suspect they will be in no position to appear in court, but who knows.

All sorts of issues, but before we even knew about the officers being charged the day following the ticket, the kid filed to fight the ticket.

So, since this may become a he said/she said thing regarding the ticket, would it also be appropriate to raise the competence of the officer involved, if they were the type of person to do this sort of thing?

We couldn't make this up if we wanted to!!!!
Newbie
Apr 11, 2018
8 posts
ShrekTek wrote:
Jun 4th, 2018 10:25 pm
So we need to make a ditinction here...

Were you charged for failing to have insurance on the vehicle (very serious, huge fine like $5,000), or failing to provide the insurance card when requested (very minor, small fine).

Failing to provide the insurance card is NOT the same as failing to have insurance.
I was charged with failing to provide insurance card.
I’m saying what’s the difference of having a not expired insurance card in the car vs an expired insurance card? Because I can argue that I can have a valid insurance card in hand which in fact might not be effective if I call my insurance company and cancel imy policy after I receive the pink slips. What’s important is the policy number that the cop can check and verifies that I actually have valid insurance. This information could be found on the expired insurance card that I gave him as well. He has used that to verify its validity otherwise he would have charged me with failure to have insurance at all. So what’s the point of the expiry date on the card?
Deal Fanatic
User avatar
Mar 23, 2008
7155 posts
4101 upvotes
Edmonton
behzadip wrote:
Jun 4th, 2018 11:14 pm
I was charged with failing to provide insurance card.
I’m saying what’s the difference of having a not expired insurance card in the car vs an expired insurance card? Because I can argue that I can have a valid insurance card in hand which in fact might not be effective if I call my insurance company and cancel imy policy after I receive the pink slips. What’s important is the policy number that the cop can check and verifies that I actually have valid insurance. This information could be found on the expired insurance card that I gave him as well. He has used that to verify its validity otherwise he would have charged me with failure to have insurance at all. So what’s the point of the expiry date on the card?
You agreeing with “the point” of the ticket or not isn’t relevant. If you try to argue that, you’ll lose, and waste your time and the court’s time.

C
Newbie
Jun 4, 2018
1 posts
Hello,

I have a question hopefully someone can answer. On the weekend my daughter was driving my van in Gatineau Quebec, we live in Ontario, and was stopped by the police for a couple of things. When the office wrote up the tickets he had them in my name because he must have taken the information from the vehicle registration. After the office left he must have noticed the name on the ticket was wrong and called her up and told her that he made a mistake on the 2 tickets and would be mailing new tickets and for her to destroy the originals she had that were in my name. Is this legal?

Thanks for any information.
Terry
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
djenning wrote:
Jun 4th, 2018 11:10 pm
Hi,

In January 2018, Kid got a ticket 144(9), proceed contrary to sign, for turning right at an intersection where no right/left is allowed (possibly due to ongoing construction, and we believe a temporary sign indicating such was knocked over in Winter traffic). Regardless, the ticketing officer is currently suspended with pay because the two officers 'allegedly' consumed some edibles from a dispensary they raided the day following the ticket. In May, the Officers were also charged with destroying evidence. So we suspect they will be in no position to appear in court, but who knows.

All sorts of issues, but before we even knew about the officers being charged the day following the ticket, the kid filed to fight the ticket.

So, since this may become a he said/she said thing regarding the ticket, would it also be appropriate to raise the competence of the officer involved, if they were the type of person to do this sort of thing?

We couldn't make this up if we wanted to!!!!
Plead not guilty and request a trial. Once you get your trial date, request disclosure (officers notes). You may or may not get them.

Show up for trial and ask if officer will be there (probably not). If not, then ask for ticket to be withdrawn. Also if you have not gotten disclosure then also ask for it to be withdrawn.

Do NOT tell them you know about officers, but bring copies of anything you have regarding the officer, so in case he does show up and trial goes ahead you can ask him questions while on the witness stand about everything you know. Most likely it wont get this far.
--
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
behzadip wrote:
Jun 4th, 2018 11:14 pm
I was charged with failing to provide insurance card.
I’m saying what’s the difference of having a not expired insurance card in the car vs an expired insurance card? Because I can argue that I can have a valid insurance card in hand which in fact might not be effective if I call my insurance company and cancel imy policy after I receive the pink slips. What’s important is the policy number that the cop can check and verifies that I actually have valid insurance. This information could be found on the expired insurance card that I gave him as well. He has used that to verify its validity otherwise he would have charged me with failure to have insurance at all. So what’s the point of the expiry date on the card?
You were not charge for not having insurance, so that is not in dispute. They probably DID check and did see you had insurance, so they did not charge you with that.
You are simply charged with not being able to show the card to the officer ... minor offence.
--
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
TerryB38501 wrote:
Jun 5th, 2018 10:47 am
Hello,

I have a question hopefully someone can answer. On the weekend my daughter was driving my van in Gatineau Quebec, we live in Ontario, and was stopped by the police for a couple of things. When the office wrote up the tickets he had them in my name because he must have taken the information from the vehicle registration. After the office left he must have noticed the name on the ticket was wrong and called her up and told her that he made a mistake on the 2 tickets and would be mailing new tickets and for her to destroy the originals she had that were in my name. Is this legal?

Thanks for any information.
Terry
Quebec is basically like a different country from the rest of Canada ... I do not know the answer to your question, but probably it is.
--
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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