Automotive

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

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Mar 23, 2008
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methyl wrote:
Jun 21st, 2018 6:12 pm
Has anyone had experience with relying on Jordan decision?
A relative got a ticket for dangerous driving after the other driver convincingly lied to the cop about the reason for an accident that the other driver caused. The trial will be in August, over 19 months after the charge. Wondering how vigorously do prosecutors try to argue 'exceptional circumstances' for delays to avoid having the charge dropped and what to watch out for?
Thanks
Was this the first court date? Or was there other ones that got postponed?

Dangerous driving (as opposed to careless driving) is a criminal charge. I'd be getting a lawyer, myself... Actually, even for careless driving, I'd probably be looking at getting a lawyer or paralegal. The impact of a conviction on those charges is much greater than most other offenses.
https://www.legalline.ca/legal-answers/ ... egligence/

C
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mimoit wrote:
Jun 22nd, 2018 8:52 am
Hey all,

I got a speeding ticket yesterday in Toronto for going 34km/h over in a 50 zone. I was on my way to an ultrasound where I needed a full bladder and really nervous I wasn't going to make it. Also was stuck in construction traffic for the beginning of my drive and was happy to finally get to a road that had no traffic. Anyway, not trying to make an excuse just saying why I was speeding (I usually never do).

Anyway, my ticket is for $204 ($259 payable). I really don't want a conviction. I got a ticket for an illegal U-turn 2 months back which I paid. And got a ticket for failing to wear my seat belt about 2-3 years back. I do not want this to affect my insurance.

What would you do? I will be honest - I am very intimidated at the thought of representing myself at trial - I feel like it will also be a huge hassle. I am thinking of hiring a paralegal.
Would like your thoughts RFD.
None of what you said will get you off of a ticket. So a paralegal will be able to do the same thing you can do yourself, but they'll charge a good chunk of any savings you might be able to negotiate. So my thought is if you want to fight it, request your trial and disclosure, and then try to negotiate a deal if you don't think you can win.

C
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Oct 27, 2016
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CNeufeld wrote:
Jun 22nd, 2018 9:58 am
None of what you said will get you off of a ticket. So a paralegal will be able to do the same thing you can do yourself, but they'll charge a good chunk of any savings you might be able to negotiate. So my thought is if you want to fight it, request your trial and disclosure, and then try to negotiate a deal if you don't think you can win.

C
Thanks for your reply. Negotiating a deal - can't I just do that with option #2? What does this entail - a lower fine, and no demerit point reductions?
I'm nervous about a trial.
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mimoit wrote:
Jun 22nd, 2018 10:05 am
Thanks for your reply. Negotiating a deal - can't I just do that with option #2? What does this entail - a lower fine, and no demerit point reductions?
I'm nervous about a trial.
Don't know what your "Option #2" is, but if that's the early discussion, then yes. You can try that first.

Keep in mind that you're likely to only get a reduction. Right now, you're in the 30 - 49 km over category, which is 4 demerits. You should be able to get that bumped down to < 30 over, so 3 demerits. But guess what... Your insurance company probably won't care (some companies might consider the 30-49 category as a major). A conviction is a conviction. So your insurance is going to take a hit no matter what you plead guilty to.

You were doing 34 over in a 50 zone. The odds of you getting a conviction that doesn't affect your insurance is slim. You would either need to hire a paralegal to see if there's any holes in the prosecution's case, or go to trial and hope the cop doesn't show.

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CNeufeld wrote:
Jun 22nd, 2018 10:19 am
Don't know what your "Option #2" is, but if that's the early discussion, then yes. You can try that first.

Keep in mind that you're likely to only get a reduction. Right now, you're in the 30 - 49 km over category, which is 4 demerits. You should be able to get that bumped down to < 30 over, so 3 demerits. But guess what... Your insurance company probably won't care (some companies might consider the 30-49 category as a major). A conviction is a conviction. So your insurance is going to take a hit no matter what you plead guilty to.

You were doing 34 over in a 50 zone. The odds of you getting a conviction that doesn't affect your insurance is slim. You would either need to hire a paralegal to see if there's any holes in the prosecution's case, or go to trial and hope the cop doesn't show.

C
Thanks. So if I go to trial and either the cop doesn't show up or I plead not guilty and win - I don't have a conviction correct?
I have a strong inkling that the cop will show as it seems this was a setup to give a mass amount of tickets - I feel like all the trail dates for the tickets given from the day I got my ticket will be scheduled on one day. Not sure why else I would need to go to trial?

I am leaning towards early resolution now if you are saying my chances of not getting a conviction are very low. Sucks but I guess I have no one t blame but myself.
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mimoit wrote:
Jun 22nd, 2018 10:42 am
Thanks. So if I go to trial and either the cop doesn't show up or I plead not guilty and win - I don't have a conviction correct?
I have a strong inkling that the cop will show as it seems this was a setup to give a mass amount of tickets - I feel like all the trail dates for the tickets given from the day I got my ticket will be scheduled on one day. Not sure why else I would need to go to trial?

I am leaning towards early resolution now if you are saying my chances of not getting a conviction are very low. Sucks but I guess I have no one t blame but myself.
Speeding is an absolute liability offense. You were either speeding or you weren't. And if you go to early resolution, it's most likely going to be a reduction in the ticket, but not a "get out of jail free" card. Unless you get a pregnant prosecutor.

BTW... If you want to perhaps increase your odds of the cop not showing, you could try requesting a trial, and then request a change of date due to conflict (pregnancy appointment, holiday, something). It means you won't be processed with the "mass of tickets" crowd.

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Jan 28, 2015
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Montreal, QC

Today, I received a $200 ticket ($312 after fees) and 3 demerits for crossing a solid white line. I was riding a motorcycle and speed was low. My intent was to insert myself into an opening in the left lane before the solid line, as there was a red light ahead.

An officer sounded his siren after I activated my turn signal, and this made me panic and move forwards, thinking there was an emergency vehicle behind me that needed to pass. I then turned left in between cars and did this in the solid white line section (the cars were stopped because of red light). It was then that the officer pulled up next to me and motioned to pull over.

When I was pulled over, he explicitly told me that yes, he used his siren to warn me. I had not yet crossed the solid white line at that point.

I intend to contest this, obviously. Is there any advice you could give? Will my insurance rate increase right away, or is it innocent until proven guilty? I have a 6 year clean driving record from Alberta before this. Currently a student at McGill.

I've attached a picture of the incident, and the intersection where it occurred.
Images
  • 2018-06-22 19_27_42-Regarding Traffic Ticket received on June 22 - Word.png
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May 17, 2018
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eorsgg wrote:
Jun 22nd, 2018 7:17 pm
I was riding a motorcycle and speed was low. My intent was to insert myself into an opening in the left lane before the solid line, as there was a red light ahead.

An officer sounded his siren after I activated my turn signal, and this made me panic and move forwards, thinking there was an emergency vehicle behind me that needed to pass. I then turned left in between cars and did this in the solid white line section (the cars were stopped because of red light). It was then that the officer pulled up next to me and motioned to pull over.

When I was pulled over, he explicitly told me that yes, he used his siren to warn me. I had not yet crossed the solid white line at that point.
If I understand you correctly, you were going to do something legal, the officer warned you via siren because he thought you were going to do something illegal, and your response to the siren was to do the illegal thing because you thought that the siren meant that he needed to pass you, which doing the legal thing would have prevented.

In other words, the officer inadvertently confused you into doing something that caused you to get a ticket.

That sucks.

Did you tell the officer why you did what you did, and what your plan was? If so, how did he respond?
“Of this one thing make sure against your dying day – that your faults die before you do.” - Seneca
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eorsgg wrote:
Jun 22nd, 2018 7:17 pm
Montreal, QC

Today, I received a $200 ticket ($312 after fees) and 3 demerits for crossing a solid white line. I was riding a motorcycle and speed was low. My intent was to insert myself into an opening in the left lane before the solid line, as there was a red light ahead.

An officer sounded his siren after I activated my turn signal, and this made me panic and move forwards, thinking there was an emergency vehicle behind me that needed to pass. I then turned left in between cars and did this in the solid white line section (the cars were stopped because of red light). It was then that the officer pulled up next to me and motioned to pull over.

When I was pulled over, he explicitly told me that yes, he used his siren to warn me. I had not yet crossed the solid white line at that point.

I intend to contest this, obviously. Is there any advice you could give? Will my insurance rate increase right away, or is it innocent until proven guilty? I have a 6 year clean driving record from Alberta before this. Currently a student at McGill.

I've attached a picture of the incident, and the intersection where it occurred.
So, just to make sure that I understand what you wrote... both roads that are shown in your picture are one way, and the only reason why you got the ticket is that you crossed the solid white line 10-20 meters after it started?

If so, sure.. plead not guilty, request disclosure, etc. It is innocent until proven guilty, so that’s not a problem. Clean record in Alberta is irrelevant if you plead not guilty. I wonder what this PO’s notes will indicate, and if his understanding of the situation is the same as yours... Perhaps share those notes once you get them... somehow I think that this PO’s interpretation of what happened will be different from yours.
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Jun 23, 2018
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I received a Part 3 Offence Notice in Strathcona Country (RCMP), for going 104Km/h in an 80. The Voluntary Payment Option was checked, but no amount was filled out. What I'm I supposed to do? Do I have to go to court on the date they provided? Or what are my options?
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Oct 24, 2011
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I have trial coming up tomorrow for ticket I received on 2017 August.
I requested disclosure on September of 2017 and never received, I just sent another email (In Waterloo this is how I can request disclosure) saying I never received and have trial tomorrow.
What's going to happen if I don't receive anything by tomorrow?
Delayed?
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brento79 wrote:
Jun 24th, 2018 10:41 pm
I received a Part 3 Offence Notice in Strathcona Country (RCMP), for going 104Km/h in an 80. The Voluntary Payment Option was checked, but no amount was filled out. What I'm I supposed to do? Do I have to go to court on the date they provided? Or what are my options?
Did you try calling the number that I suspect is on the ticket?

C
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ggman8988 wrote:
Jun 25th, 2018 7:41 am
I have trial coming up tomorrow for ticket I received on 2017 August.
I requested disclosure on September of 2017 and never received, I just sent another email (In Waterloo this is how I can request disclosure) saying I never received and have trial tomorrow.
What's going to happen if I don't receive anything by tomorrow?
Delayed?
Did you try contacting the prosecutor's office by any means other than e-mail? It could very well have been sitting there for the last 6 months, waiting for you to pick it up. Different offices run different methods.

If you didn't get disclosure before the trial, you'll probably get it at the trial. It would be your right to get the trial delayed so you can put together a defense, but it would mean another day at the court room.

C
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Oct 1, 2009
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Richmond Hill, Ontar…
Hi Djino,

I received a speeding ticket last year, when I was going westbound on Bloomington, west of Warden. I requested and received the disclosure. I noticed there was an obvious mistake on the disclosure, the officer stated there were 2 speed limit signs between Warden and the spot he tested my speed, however, there was no speed limit sign at all. I brought it up at the court, I told the court that I went back and took a video to prove there was no speed limit sign, but the officer simply said there were these signs without having to provide anything to prove, and I was still convicted.

Now I want to file an appeal, what suggestion would you have for me?

Thank you in advance!
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Jan 28, 2015
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Montreal
Symplr wrote:
Jun 23rd, 2018 9:46 pm
If I understand you correctly, you were going to do something legal, the officer warned you via siren because he thought you were going to do something illegal, and your response to the siren was to do the illegal thing because you thought that the siren meant that he needed to pass you, which doing the legal thing would have prevented.

In other words, the officer inadvertently confused you into doing something that caused you to get a ticket.

That sucks.

Did you tell the officer why you did what you did, and what your plan was? If so, how did he respond?
Yes, this is correct--that I pulled into the left lane after accelerating after the siren went on, because I got confused by the "warning". Actually I saw this happen twice this weekend, when the officer "honked" at the cars before pulling them over, and it's a different sound from a normal car horn which can be easily confused with an ambulance.

I didn't say anything to the officer because my state of mind was confuse/shock/panic for being pulled over. That part is psychological, since it was my first time being pulled over in my life, so my mind was racing too much to make sense.
mbmbkop wrote:
Jun 24th, 2018 1:32 am
So, just to make sure that I understand what you wrote... both roads that are shown in your picture are one way, and the only reason why you got the ticket is that you crossed the solid white line 10-20 meters after it started?

If so, sure.. plead not guilty, request disclosure, etc. It is innocent until proven guilty, so that’s not a problem. Clean record in Alberta is irrelevant if you plead not guilty. I wonder what this PO’s notes will indicate, and if his understanding of the situation is the same as yours... Perhaps share those notes once you get them... somehow I think that this PO’s interpretation of what happened will be different from yours.
On the ticket, it simply says that "driver crossed solid white line" or something very non-descriptive about the nuances of the situation. I will definitely request the notes.

I actually went back to the road, and the entire white line area only measured about 8 meters long total. I crossed it about 4 meters in, or 2 car lengths.

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