Automotive

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

Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
Stopsignguy wrote:
Jun 12th, 2018 10:35 pm
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?
Unless you have dashcam video or another witness that can testify you actually stopped, you will most likely lose.

The officer will say you did not stop and you will say that you did stop ... who do you think they beleive?

Even if officer was stright in front of you, I can not see a line of questioning that will bring doubt to their testimony.

The only way to beat it, is to get cop to admit that it is possible you did actually stop. Other than that, you will not win.
--
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
ShrekTek wrote:
Jun 5th, 2018 5:43 pm
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 If not, then ask for ticket to be withdrawn. Also if you have not gotten disclosure then also ask for it to be withdrawn.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.
Kid already had requested early resolution. That date is 7 months after the ticket. So I am wondering when does the clock start ticking for the 'reasonable time to trial' thing? ie is it 18 months from ticket date, or 18 months after the early resolution meeting?

I'm assuming short of withdrawing it entirely, a ticket is a ticket is a ticket in the eyes of the insurance company. Or is there something like cash fine and the ticket removed?

Thanks in advance for any clarification.
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
djenning wrote:
Jun 13th, 2018 4:35 pm
Kid already had requested early resolution. That date is 7 months after the ticket. So I am wondering when does the clock start ticking for the 'reasonable time to trial' thing? ie is it 18 months from ticket date, or 18 months after the early resolution meeting?

I'm assuming short of withdrawing it entirely, a ticket is a ticket is a ticket in the eyes of the insurance company. Or is there something like cash fine and the ticket removed?

Thanks in advance for any clarification.
Time does not start counting until you request trial which would now be at early resolution so the wait for early resolution does not count.

In Ontario, there is no getting out of a ticket in exchange for paying cash or donations or whatever. Sometimes they will offer to reduce the charge to a lesser charge but it needs to be similar. For example, Speeding 25 over might get reduced to speedin 15 over. Fail to stop might get reduced to Disobey sign. As far as demerits go, they can NOT change the demerits associated with the charge you are convicted of (speeding 25 over would be 3 demerits and speeding 15 over would be 0 demerits). As far as the fine is concerned, you can ask the JP for a reduction due to financial hardship and they might reduce it. You can also ask for extended time to pay your ticket like 6 months or a year.
--
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
May 24, 2013
609 posts
99 upvotes
Thank you all for your help. Officers didn't show up to court today and charges were withdrawn.

Is there anything else further needed from me? Do they mail this to me? Because I don't have any paperwork to show the the charges were withdrawn.
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
theBasher91 wrote:
Jun 13th, 2018 8:34 pm
Thank you all for your help. Officers didn't show up to court today and charges were withdrawn.

Is there anything else further needed from me? Do they mail this to me? Because I don't have any paperwork to show the the charges were withdrawn.
Call the court office in a week and verify that the status shows it was withdrawn.
--
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
Jun 12, 2018
1 posts
Just received a $25 parking ticket at my place of employment in Pickering for parking on private property. My employer parking lot requires a pass to park in the lot and i had displayed it. They also require a second pass for the row i parked in which i had left tucked in my visor not visible. Nice way to end a busy day. This sounds easily fought, thoughts?
Newbie
Jun 11, 2018
5 posts
Had my trial today... ran out of time and got an ajournment. Tried to make a motion to dismiss but the judge said he didn't have the power to do anything about it. It's now scheduled for October.

This doesn't make sense to me. I took a day off work and now I have to do it again? How the hell was my case not kicked?
Newbie
Jun 11, 2018
5 posts
ShrekTek wrote:
Jun 13th, 2018 12:08 pm
Unless you have dashcam video or another witness that can testify you actually stopped, you will most likely lose.

The officer will say you did not stop and you will say that you did stop ... who do you think they beleive?

Even if officer was stright in front of you, I can not see a line of questioning that will bring doubt to their testimony.

The only way to beat it, is to get cop to admit that it is possible you did actually stop. Other than that, you will not win.
I expect to lose.

I'm just going to challenge the officer on his memory. I'll ask him questions to see if he remembers certain things and then I'll testify that I remember events better than he does. There's not much else I can do here. I can't challenge him on what he saw.

I will tell you though that he is either lying or mistaken about what happened. He actually told me it was a rolling stop when he pulled me over. It's not a rolling stop if you're driving through the sign at 20km per hour.
Deal Addict
User avatar
Dec 27, 2013
1596 posts
498 upvotes
Winnipeg
Stopsignguy wrote:
Jun 14th, 2018 12:47 am
I expect to lose.

I'm just going to challenge the officer on his memory. I'll ask him questions to see if he remembers certain things and then I'll testify that I remember events better than he does. There's not much else I can do here. I can't challenge him on what he saw.

I will tell you though that he is either lying or mistaken about what happened. He actually told me it was a rolling stop when he pulled me over. It's not a rolling stop if you're driving through the sign at 20km per hour.
Please update once you know the outcome. I personally don’t think that challenging this PO on his memory would help since his notes are what’s important... Of course, there is always a chance that that PO will not show up. When is your trial again?

Edit: went back and checked your previous posts.. so the trial was today - how did it go?
Member
May 17, 2018
201 posts
77 upvotes
JulesJ33379 wrote:
Jun 11th, 2018 8:07 pm
No.. what options do i have?
Do you mean to say that you lied in your statement to police and you're trying to get away with that? Or am I misunderstanding you?
“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
beatles89 wrote:
Jun 14th, 2018 4:00 pm
Got my disclosure for this ticket. Just to recap --> it is for 17 over.. 67 in a 50.

Can't find much.

Some notes throughout:

Genesis Handled Directional GHD 02709 - Tested and found to be working correctly
Is there something I can do/challenge about this statement?

Outside of that, here are some details:

Radar Enforcement - speed enforcement at 210 Blank Road West just east of Blank Avenue. Monitoring W/B traffic on Blank Rd on the north side in the Town of Blank. In full uniform, I was monitoring this posted 50km/h zone. A sign is clearly posted and unobstructed east of my location on Blank Road on north side of Blank Rd reading Maximum 50 km/h.

Signs:
All signs are white background with black fonts and clearly visible for the westbound traffic on Blank West. I confirmed by driving W/B along Blank Rd.

Road:
Blank Rd West is 2 lanes. 1 lane for W/B traffic and 1 lane for E/B
traffic there is also a middle lane for turning vehicles.

Observations:
I observed a motor vehicle travelling westbound on Blank Road West travelling at what appeared to me at a higher rate of speed then posted. I activated radar, and pointed it at the vehicle in question at the area where I believed the front licence plate to be and received a reading of: 67 km/h, in lane 1 of 1.

Conducted traffic stop on Blank Road West never losing sight of M/V, approach driver side window advised of speeding offence / demand, Driver provided VODL, satisfy id, digit photo, match, own, ins valid.


Seems pretty cut and dry to me, but some of you guys are more experienced than me at finding holes. Any help is appreciated.
Generally the notes seem good although second test of device after enforcement seems to be missing. You have nothing to lose by fighting it as 67 was the original speed so it cant be raised higher, but I dont think you will win. You might get offered a deal to drop it to 10 or 15 over, so if money is an issue then you would probably be better to just 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
Jun 13, 2018
1 posts
Hi Everyone,

I got a speeding ticket back in April for going 40 over. Basically going 123 km/h at 80 km/h on 401 near kitchener/waterloo where has been construction for ages but this time there was workers present. I got stopped by an unmarked Tahoe.

This is my first ever offence and not know what I have been reading now I went for early resolution today. So I had a $650 fine and 4 demerit point and the prosecutor said he can reduce it to $300 with 3 demerit points. I said no and I would like to go to a trial at this point and want to have more time to get legal counsel. What would you recomend as next step? Should I go back and take the deal or get some legal help and take it to the trial?

Thanks,
Iman.
Deal Fanatic
User avatar
Mar 23, 2008
6705 posts
3721 upvotes
Edmonton
beatles89 wrote:
Jun 15th, 2018 9:48 am
Thanks! It's not a huge ticket and money isn't really an issue but.. Maybe I'll take the deal. Seems like a longshot to argue about the second test of the device. I am sure they will lower it to at least 15.. But I'm not sure if I'd settle with 15.. If I don't get it lowered to 10 over maybe it's worth fighting.

Thanks for your help.
17 over, 15 over, or 10 over are all the same as far as insurance goes. So it's a question of whether it's worth your time to go and argue. You also could try to win the "cop didn't show" lottery by taking it to court, as opposed to settling or pleading guilty early.

C
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User avatar
Mar 23, 2008
6705 posts
3721 upvotes
Edmonton
Imak123 wrote:
Jun 14th, 2018 9:37 pm
Hi Everyone,

I got a speeding ticket back in April for going 40 over. Basically going 123 km/h at 80 km/h on 401 near kitchener/waterloo where has been construction for ages but this time there was workers present. I got stopped by an unmarked Tahoe.

This is my first ever offence and not know what I have been reading now I went for early resolution today. So I had a $650 fine and 4 demerit point and the prosecutor said he can reduce it to $300 with 3 demerit points. I said no and I would like to go to a trial at this point and want to have more time to get legal counsel. What would you recomend as next step? Should I go back and take the deal or get some legal help and take it to the trial?

Thanks,
Iman.
Without knowing the details in your case (do you have a basis for fighting it?), it would seem that cutting your ticket price in half is a pretty good deal. A paralegal would probably charge you a big chunk of any reduction you get, so I'm not sure I see the value in taking that route.

The fact that it was an "unmarked Tahoe" won't help you, nor will your claim that there's been construction for ages.

C
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User avatar
Mar 23, 2008
6705 posts
3721 upvotes
Edmonton
beatles89 wrote:
Jun 15th, 2018 1:57 pm
True.. Maybe it's worth taking it to court then.
As ShrekTek says, you don't have much to lose by trying. Just your time.

C

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