Automotive

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

Deal Fanatic
User avatar
Mar 23, 2008
7156 posts
4101 upvotes
Edmonton
blade8079 wrote:
Jun 7th, 2018 8:35 am
Reduced speeding ticket

Hi,

I,ve been recently clocked 30 over and got reduced to 20 over in a 40km/h zone.

The officer did not specify which road it was registered at but simply put intersection name which is ambiguous and can mean that i was traveling on one of 2 roads unless he specifies it in disclosure if it goes to trial?

Can this be argued at trial successfully? He only stopped me about 600m following the intersection which he put in ticket as he was following me after and i did not see him until he turned on the sirens. It was 8ish pm in the evening.

My address is also written incorrectly. The officer stated my old address and not the one I've had on the driving license...

Is it worth going to trial? I know insurance hike is a problem...

Thanks!
The road/direction will likely be in your disclosure. Worry about arguing that if it's not in the disclosure, until then, it's a moot point.

Your address isn't a fatal error, so that won't help you.

You can go to trial, and try to settle it before the trial. You can even wait to see if the cop shows. But if it actually goes to trial, the prosecutor has the option of amending the ticket back up to the 30 over. Which probably won't make a difference as far as insurance goes, but will increase your ticket cost, if you lose.

C
Newbie
May 29, 2018
6 posts
HI Shrektek,
Just following up on this as my court date is tuesday and i am preparing. Not sure if you scrolled down my whole attachment. There are other basically cut and paste notes with the test times. These are clearly from a different note book but they were provided to me. Do you still suggest i take the same actions that you suggested?
ALso, can i question him on the test itself, in the notes it has the tests that should be performed. Should I make him name the tests?

https://drive.google.com/file/d/0B9-Y5f ... sp=sharing
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
PatrickM72177 wrote:
Jun 7th, 2018 11:46 am
HI Shrektek,
Just following up on this as my court date is tuesday and i am preparing. Not sure if you scrolled down my whole attachment. There are other basically cut and paste notes with the test times. These are clearly from a different note book but they were provided to me. Do you still suggest i take the same actions that you suggested?
ALso, can i question him on the test itself, in the notes it has the tests that should be performed. Should I make him name the tests?

https://drive.google.com/file/d/0B9-Y5f ... sp=sharing
I guess I missed all those other notes before, so the issue of test times is not an issue any more.

The only hope you have is questioning the officer on the tests he performed. If the officer can go thru the tests exactly as stated then you are out of luck.

First question would be...
"So you tested the device per the manufacturers testing procedure?"
"And you beleive it was working properly because you tested it to these procedures?"

Now you ask the officer about how he tested and each step he performed.

The one to really pay attention to is the RANGE (CHRONOMETER) ACCURACY TEST. Pay attention in this section to the few places where is talks about "KNOWN distance". The key here is that in order for the device to be accurate, it must measure a KNOWN distance within plus/minus 0.33 metres (1/3 of a meter). For example, if distance is 10m, then the reading on the device must be between 9.67m and 10.33m. It also says that they must make TWO measurements at least 6m apart.

So the question to the officer now becomes "How do you KNOW what the distance was?"

If the officer says he measured the distances himself with something approved for measuring like a measuring tape, then you are done.
However if says somebody else measured the distance and told him, then that is hearsay and the officer can not know for sure what the distance really is.
The other answer the officer might give is that he used another LIDAR/LASER device and the distance was the same. You can argue about this one and say that two devices giving the same reading does not prove either are accurate and does not prove it is a KNOWN distance and therefore there is no way for the officer to really know if it is accurate 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
Nov 5, 2005
81 posts
10 upvotes
hi there, i was pulled over going 76km/hr over 50km, ticket was reduced to 65 over 50.

my court date is tomorrow.

i have the disclosure. do i have a chance to fight it? The only thing i notice is that the disclosure does not indicate when the speed measuring device was tested after i was pulled over. see attached.

thanks in advance.
Images
  • IMG_3056.jpg
Newbie
Jun 11, 2007
4 posts
Brantford
Hi

I have been driving directions 23 years without a single ticket and was recently pulled over while driving a car a borrowed from my neighbour. I was driving a jaguar xk rs which I know draws attention and the exhaust is fairly loud. I was in the downtown core looking for a parking spot and had to circle.the block a couple times, I did give a bit of gas because it did sound amazing. I turned around one more time and an officer pulled up.beside me and told me to pull over. I parked the car and stepped out if the car because I didn't realize the front skirt stuck out so far and hit the curb Loudly Crying Face the officer said that I was drifting and asked if I was drinking, I replied no, he asked if I would pass a road side test and I said yes, he asked.for all my documentation.
Shortly after he came back and I explained I was looking for a parking spot and that I have never had a ticket, he said I was stunt driving, I explained I wasn't and that the cars exhaust is loud. He said that he wouldn't charge me with stunt driving and gave me a ticket for failure to provide registration and another for failure to provide insurance, I did give him proof but he did not accept photocopies, I explained the vehicle was purchased a week ago and did not have the originals yet, the officer said that if I chose to fight the ticket he will tell the crown I was stunt driving.
I felt belittled and threatened so I said sorry and kept my mouth shut.

What should I do?
Newbie
Nov 5, 2013
5 posts
15 upvotes
Hello experts,

I wanted to check if I have any grounds of using my Charter of "right to be tried within a reasonable time" for my trial.

I was issued a Failure-to-stop at Stop Sign ticket in July 2017 and my court date falls in August 2018. It will be 13 months since the ticket was issued to me.

Do I have a case here wrt "reasonable time" clause?

Thanks.
Deal Fanatic
User avatar
Mar 23, 2008
7156 posts
4101 upvotes
Edmonton
rmyahoo wrote:
Jun 8th, 2018 3:52 pm
Hello experts,

I wanted to check if I have any grounds of using my Charter of "right to be tried within a reasonable time" for my trial.

I was issued a Failure-to-stop at Stop Sign ticket in July 2017 and my court date falls in August 2018. It will be 13 months since the ticket was issued to me.

Do I have a case here wrt "reasonable time" clause?

Thanks.
No. At 13 months, it will be up to you to prove you were not tried in a reasonable length of time. 18 months is the current watermark.

C
Newbie
Nov 5, 2013
5 posts
15 upvotes
OK - thanks!

In that case it's time to sift through goldmine of info here :)
Newbie
Jun 8, 2018
1 posts
Just ran a red light in Toronto and saw the flashing light get me. I know these fines are $325, and they have photographic evidence, but how likely am I to get a reduced fee in court? What’s the best way?
Newbie
Jun 9, 2018
2 posts
Got a careless driving charge. Alleged video evidence. Of me swerving out of lane and crashing into barrier totalling the car on highway. If the video evidence shows this what are my chances of having it reduced or dropped? My statement was someone cut me off and i swerved to avoid them and hit the guard rail. But what if the video evidence doesnt show this?
Sr. Member
May 24, 2013
610 posts
99 upvotes
I'm supposed to have my court date to fight my speeding ticket this week (wednesday) however I've still never received disclosure from the officer. What do I do?
Deal Fanatic
User avatar
Mar 9, 2007
9338 posts
3735 upvotes
Toronto
100% not likely.
JesseK67288 wrote:
Jun 9th, 2018 1:37 am
Just ran a red light in Toronto and saw the flashing light get me. I know these fines are $325, and they have photographic evidence, but how likely am I to get a reduced fee in court? What’s the best way?

WOULD SOMEBODY THINK OF THE CHILDREN!!!
Newbie
May 29, 2018
6 posts
Hi Shrektek.
One last question. I would like your thoughts on. It goes back to the linear direction. I found this on a website that had a lot of useful information.

"Linear Direction
Are there large metal signs or bridges along the road? Large metal objects affect radar and laser (lidar) gun readings. Was the road flat or were you going down a hill? The radar or laser (lidar) gun has to be on the same vector as your direction of travel.

For example, Cawthra Road in Mississauga is very popular with the Peel Regional Police to operate a speed trap. The officer looks north on Cawthra, just south of the Dundas overpass. The officer will target vehicles just as they emerge from under the bridge and before the driver has a chance to see the trap.

Cawthra Road speed trap

Notice how the road dips, curves slightly and then rises to where the officer is standing. While the officer has a clear view of the vehicles, the direction of travel is not linear toward the officer. A laser gun reading would be suspect and easily attacked for its accuracy. Also notice the large cement bridges which make it difficult to operate a radar gun in this location.

This doesn't stop the police from routinely operating a speed trap here. More than 80% of the tickets they issue will be paid without dispute. A lucrative business by any standard."

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