Automotive

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

Member
May 17, 2018
201 posts
77 upvotes
JulesJ33379 wrote:
Jun 10th, 2018 11:11 am
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?
Did someone cut you off, leading you to swerve to avoid that person and hit the guard rail?
“Of this one thing make sure against your dying day – that your faults die before you do.” - Seneca
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
PatrickM72177 wrote:
Jun 11th, 2018 9:26 am
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."
If the officer testifies they beleive the device was working properly and that they are a qualified operator, then the fact that the road bends or dips or goes up or down is irrelevent.

There is nothing that I am aware of that says the vehicle needs to be linear to the device.
--
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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Dec 27, 2013
1596 posts
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Winnipeg
ShrekTek wrote:
Jun 11th, 2018 3:34 pm
If the officer testifies they beleive the device was working properly and that they are a qualified operator, then the fact that the road bends or dips or goes up or down is irrelevent.

There is nothing that I am aware of that says the vehicle needs to be linear to the device.
Yes, but large metal structures in the line of sight might be a valid defence if a radar was used to measure your speed, and if you are able to get a copy of the manual for that radar (assuming that the manual mentions these large metal structures which it should). So, always request the info about the speed measuring device that was used in your case and copies of its manuals in your disclosure requests... most likely, those will not be sent to you, but then be prepared to argue why you need this info in front of JP (perhaps search for similar manuals from other jurisdictions).
Sr. Member
May 24, 2013
609 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? How do I formally mention that in court?
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Mar 23, 2008
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theBasher91 wrote:
Jun 12th, 2018 1:10 pm
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? How do I formally mention that in court?
Do you have your attempts to obtain disclosure documented? Dates, what you did? Did you call their office to see if it was ready for pick up?

For a first appearance, it seems like you'll probably get disclosure there, and maybe an opportunity to review with the officer if you need it. If you need more time, you can request another date.

C
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Mar 23, 2008
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JulesJ33379 wrote:
Jun 11th, 2018 8:07 pm
No.. what options do i have?
So nobody actually did swerve into you to cause you to veer off?

Did you receive disclosure of the evidence that will be presented? Because right now, nobody can help you aside from saying "show up for court, and hope the witnesses against you don't show". You don't even give a jurisdiction.

C
Sr. Member
May 24, 2013
609 posts
99 upvotes
CNeufeld wrote:
Jun 12th, 2018 1:23 pm
Do you have your attempts to obtain disclosure documented? Dates, what you did? Did you call their office to see if it was ready for pick up?

For a first appearance, it seems like you'll probably get disclosure there, and maybe an opportunity to review with the officer if you need it. If you need more time, you can request another date.

C
Thank you for your response. I don't have them documented, it was an oral request made to the prosecutors office. They emphasized it would be sent out a while ago, during out early resolution meeting. And that it would be sent directly to me.

Good to know I can review it with the officer, I thought it was right to the courtroom. And in the event one of the two officers don't show, how do I request the case to be dismissed? Or will that be done automatically. FYI i was stopped by an officer to received word from his colleague in the aircraft, so two officers were involved.
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
theBasher91 wrote:
Jun 12th, 2018 1:10 pm
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? How do I formally mention that in court?
Just tell them you did not get disclosure and you need it. They will get it to you and set another trial date.
--
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
JulesJ33379 wrote:
Jun 10th, 2018 11:11 am
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?
Careless driving charge is serious and if convicted, it is the same as having a DUI on your record and your insurance will skyrocket.

You want to do everything to try and either (1) fight it and WIN, or (2) take a plea deal to a lesser offence.

If you are not offered any kind of plea deal by prosecutor, then you should say you want to get legal advice before you decide how to plead and need another court date set. Then you should go see a lawyer.
--
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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Mar 23, 2008
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theBasher91 wrote:
Jun 12th, 2018 1:31 pm
Thank you for your response. I don't have them documented, it was an oral request made to the prosecutors office. They emphasized it would be sent out a while ago, during out early resolution meeting. And that it would be sent directly to me.

Good to know I can review it with the officer, I thought it was right to the courtroom. And in the event one of the two officers don't show, how do I request the case to be dismissed? Or will that be done automatically. FYI i was stopped by an officer to received word from his colleague in the aircraft, so two officers were involved.
It's not automatically dropped if one officer doesn't show up. The prosecution can request another trial date, and you can argue about how negatively this affects you to show up again. Or the prosecution can drop the charges.

As far as not getting the disclosure, you should be more proactive in attempting to get it. Like, calling (and recording when you called and who you talked to). But you'll still get your chance to get it, and to review it.

C
Newbie
User avatar
Sep 2, 2005
95 posts
5 upvotes
Got a parking ticket this weekend in Markham on a residential street for parking within 9m of intersection. :(
However the officer put down the wrong intersection: Street A (where I parked) & Street B (somewhere 4km away in Markham). The two streets do not intersect.
What are my chances of disputing the ticket?
Thanks in advance.
Newbie
Jun 11, 2018
5 posts
I've got a traffic case tomorrow afternoon (nothing like waiting until the last minute to ask questions).

It's a fail to stop case. I asked for disclosure and according to the notes the cop is saying that I slowed down to 20 to 25 km per hour at the sign. This is total BS. I had my 6 year old son in the back seat and when he pulled me over I had no idea why. He said it was a rolling stop...

How can I question this guy?

He was in an unmarked car up the road so I couldn't see him (I wasn't looking at all anyway) and I'm going to use this to show I didn't know he was there but slowed down anyway.

And why would I slow down to 20 kms per hour if I was just going to blow through the stop sign? Why slow down at all? Why wouldn't i just travel through? I don't know how this trial is going to go but I'm not happy about this cop lying.

Thanks for any help.
Newbie
Jun 11, 2018
5 posts
Posted earlier but I'm not sure what's going on as it hasn't appeared - might be because I'm new -

Anyways, I've got a trial tomorrow and have asked for disclosure. Police are saying that I failed to stop and drove through at 20-25km per hour. This is nonsense. I stopped and when I was pulled over he told me it was for a rolling stop. How do I question this guy?
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Mar 23, 2008
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Stopsignguy wrote:
Jun 12th, 2018 10:22 pm
I've got a traffic case tomorrow afternoon (nothing like waiting until the last minute to ask questions).

It's a fail to stop case. I asked for disclosure and according to the notes the cop is saying that I slowed down to 20 to 25 km per hour at the sign. This is total BS. I had my 6 year old son in the back seat and when he pulled me over I had no idea why. He said it was a rolling stop...

How can I question this guy?

He was in an unmarked car up the road so I couldn't see him (I wasn't looking at all anyway) and I'm going to use this to show I didn't know he was there but slowed down anyway.

And why would I slow down to 20 kms per hour if I was just going to blow through the stop sign? Why slow down at all? Why wouldn't i just travel through? I don't know how this trial is going to go but I'm not happy about this cop lying.

Thanks for any help.
None of what you said is going to help you. You need things that show the cop couldn't see you properly, etc. If he was directly facing you, I'd question how he could judge your speed from that perspective. It's easy to tell if someone is moving or stopped when you're looking at them from the side. Very difficult if you're looking at them head on.

As far as people slowing down before going through a stop sign, many people treat them as yield signs. Slow down, look each way while still moving, but don't actually stop. So that's pretty standard behaviour of someone going through a stop sign. Only the maniacs go through without even slowing down. :)

C

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