Automotive

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

Sr. Member
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Oct 16, 2002
592 posts
292 upvotes
CNeufeld wrote:
Jun 22nd, 2018 9:56 am
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
There was a preliminary hearing also but this will be first court date. There's an engaged lawyer but I want to know if the lawyer is doing all the right things, just wanted to check in regards date limitation.
Member
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Oct 24, 2011
409 posts
159 upvotes
Kitchener
I have trial tomorrow morning.... Offense date was April 14th of 2017, yes it’s been a while as I delayed my case couple of times already.

To be honest, I am hoping cop doesn’t show up as I have 2 tickets he got me at once...

One for speeding, 3 points, $110 he didn’t drop any when he gave me.
One for not having valid license plate... this I totally forgot as I came back from Asia a day before I got caught... I stayed in Asia for 3 months...

I am hoping at least if they can drop one ticket....

Any strategies? Disclosure look clean...

Thanks
Newbie
Jun 24, 2018
1 posts
Got ticket claiming 30 over, I never "speed" by more than 5 km/h over the limit and that only when passing/merging traffic. I am literally the slowest car on the road 99% of the time. Was on 90km/h highway and there was construction on and off, cop claims I was doing 100 in a 70 reduced speed zone due to construction. Typically you have signs stating when construction begins and when construction ends however the MTO and construction companies in northern Ontario rarely place the end signs and expect drivers to go back up to proper speed when construction is visibly over. I even spoke with the MTO on the phone and was straight up told that while yes they should place end signs for construction zones with the proper speed limit they expect drivers to pay attention and realise construction is done and to go back up to the original speed without them. I actually got them to add signs in another area with the same situation by reporting the danger the lack of signs caused with cars merging on at much higher speeds. In this case the construction zone had ended over 10km before and as usual they forgot to put the proper signage and no further signage was present until aprox 500m after the speed trap. While i had been going 70km/h until having been passed by two separate waves of cars doing over 120(50+km/h over my speed) and getting almost run off the road at the end of the passing lanes due to very angry drivers I figured staying at 70 was too dangerous and accelerated to the normal speed of 90km/h only to have the cars that just passed me slam the brakes going over a hill where there was a speed trap. At this point I figured that he would pull one of those cars over as they were visibly going over 100km/h. After the speed trap there was a 70km/h sign by which point I was going about 50km/h coasting due to the car in front of me slowing down and the cop pulling out with the lights on. The cars in front accelerated extremely quickly to get away from the cop and the cop ended up pulling me over since I was the easiest to catch. The cop told me he was being nice and giving me a 29km/h over the limit saying he clocked me at 100 which greatly confused me as I had accelerated up to 90 going at most a few km over as I stabilised at that speed however I am very bad at talking to cops due to PTDS(I was abused by a group of corrupt cops in the past). I decided to fight the ticket and they raised the ticket to 30 over in retaliation. I still intend on fighting this ticket regardless of the risk out of principle. On the same drive I faced that situation where they forgot to place end of construction signs with original speed limit 3 times with one of them where I could just see 100km/h signs on the on ramps for several ramps but no signs on the highway itself. Disclosure shows that the area was indeed supposed to be a reduced speed area and I was told that it doesn't matter if they didn't have proper signs, they say I would lose in court since all they have to do is prove I went over 70 while other factors such as signs have nothing to do with it. Shortly after the 70 sign there was a 90 sign. No sign of there being work done on the road in this area.
I was unfairly targeted since I was the slowest car on the road and I'm quite certain the cop clocked the people that had just passed me as the hill/turn in the road meant the car in front of me obscured the police car until I was very close and I had been coasting and when I looked at my speedometer after passing the cop it was below 90.
Any advice would be great.
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Mar 23, 2008
6431 posts
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Edmonton
f3zz1k wrote:
Jun 25th, 2018 11:31 pm
Got ticket claiming 30 over, I never "speed" by more than 5 km/h over the limit and that only when passing/merging traffic. I am literally the slowest car on the road 99% of the time. Was on 90km/h highway and there was construction on and off, cop claims I was doing 100 in a 70 reduced speed zone due to construction. Typically you have signs stating when construction begins and when construction ends however the MTO and construction companies in northern Ontario rarely place the end signs and expect drivers to go back up to proper speed when construction is visibly over. I even spoke with the MTO on the phone and was straight up told that while yes they should place end signs for construction zones with the proper speed limit they expect drivers to pay attention and realise construction is done and to go back up to the original speed without them. I actually got them to add signs in another area with the same situation by reporting the danger the lack of signs caused with cars merging on at much higher speeds. In this case the construction zone had ended over 10km before and as usual they forgot to put the proper signage and no further signage was present until aprox 500m after the speed trap. While i had been going 70km/h until having been passed by two separate waves of cars doing over 120(50+km/h over my speed) and getting almost run off the road at the end of the passing lanes due to very angry drivers I figured staying at 70 was too dangerous and accelerated to the normal speed of 90km/h only to have the cars that just passed me slam the brakes going over a hill where there was a speed trap. At this point I figured that he would pull one of those cars over as they were visibly going over 100km/h. After the speed trap there was a 70km/h sign by which point I was going about 50km/h coasting due to the car in front of me slowing down and the cop pulling out with the lights on. The cars in front accelerated extremely quickly to get away from the cop and the cop ended up pulling me over since I was the easiest to catch. The cop told me he was being nice and giving me a 29km/h over the limit saying he clocked me at 100 which greatly confused me as I had accelerated up to 90 going at most a few km over as I stabilised at that speed however I am very bad at talking to cops due to PTDS(I was abused by a group of corrupt cops in the past). I decided to fight the ticket and they raised the ticket to 30 over in retaliation. I still intend on fighting this ticket regardless of the risk out of principle. On the same drive I faced that situation where they forgot to place end of construction signs with original speed limit 3 times with one of them where I could just see 100km/h signs on the on ramps for several ramps but no signs on the highway itself. Disclosure shows that the area was indeed supposed to be a reduced speed area and I was told that it doesn't matter if they didn't have proper signs, they say I would lose in court since all they have to do is prove I went over 70 while other factors such as signs have nothing to do with it. Shortly after the 70 sign there was a 90 sign. No sign of there being work done on the road in this area.
I was unfairly targeted since I was the slowest car on the road and I'm quite certain the cop clocked the people that had just passed me as the hill/turn in the road meant the car in front of me obscured the police car until I was very close and I had been coasting and when I looked at my speedometer after passing the cop it was below 90.
Any advice would be great.
If you want to fight it, request a trial, get your disclosure, and go from there. In the meantime, if this happened recently, I would go back and take pictures/video as you drive, and indicate where you got the ticket. If this happened awhile ago, that may not help you anymore.

The speed of the other cars doesn't matter. The signage should matter, if you can get a judge to listen, and if it's bad.

C
Newbie
Sep 10, 2016
92 posts
16 upvotes
There is something I need to know about speed lasers - I saw a cop pointing a speed laser to me at sheppard and Don Mills but no-one stopped me. I guess I was doing a 60 in a 50 zone most likely. Question is do cops send these tickets by mail like traffic camera incidents?
Sr. Member
Apr 23, 2008
657 posts
50 upvotes
I got a ticket for failing to stop at stop sign.
I received disclosure as video in which there was an illegal parking of construction truck at the intersection with man dropping down ladder which endangered any vehicle approaching. There was no construction warning signage and the cop was monitoring the stop sign violation.

My defense: As I approached the intersection my focus was on the construction worker dropping the ladder from the roof of his vehicle which endangered me as a passerby, as a result I did not see the stop sign.
Is my defense valid?
Newbie
May 13, 2015
49 posts
1 upvote
Mississauga, ON
Hi,

I am a new driver from Brampton and I am a newbie to defending traffic tickets. I just got my G2 license two months ago. Since I got it, I never got a ticket and I drive daily 33 kms one way to work in Oakville. But today morning I got a speeding ticket for driving 75 km/h on a 50 km/h zone in Brampton on Mississauga Rd and south of Sandalwood Pkwy. I never use this route but today I wanted to go by this route because there is a construction going on Winston Churchill Rd. The cop had a laser gun. He gave a ticket which included to pay $118.75 .

Please provide me options to get it removed from my driver record and I want to know how much will be the paralegal fees.
Deal Fanatic
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Mar 23, 2008
6431 posts
3535 upvotes
Edmonton
gig2015 wrote:
Jun 29th, 2018 1:42 pm
Hi,

I am a new driver from Brampton and I am a newbie to defending traffic tickets. I just got my G2 license two months ago. Since I got it, I never got a ticket and I drive daily 33 kms one way to work in Oakville. But today morning I got a speeding ticket for driving 75 km/h on a 50 km/h zone in Brampton on Mississauga Rd and south of Sandalwood Pkwy. I never use this route but today I wanted to go by this route because there is a construction going on Winston Churchill Rd. The cop had a laser gun. He gave a ticket which included to pay $118.75 .

Please provide me options to get it removed from my driver record.
Same as every other ticket in this thread. If you want to fight it, fill in the appropriate info on the ticket, wait for a trial date, and request disclosure. When you get disclosure, post back. So far, none of what you've said will give you a win in court, which is what you need to get it removed from your driver record.

C
Deal Fanatic
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Mar 23, 2008
6431 posts
3535 upvotes
Edmonton
phht wrote:
Jun 27th, 2018 11:41 pm
I got a ticket for failing to stop at stop sign.
I received disclosure as video in which there was an illegal parking of construction truck at the intersection with man dropping down ladder which endangered any vehicle approaching. There was no construction warning signage and the cop was monitoring the stop sign violation.

My defense: As I approached the intersection my focus was on the construction worker dropping the ladder from the roof of his vehicle which endangered me as a passerby, as a result I did not see the stop sign.
Is my defense valid?
Probably not. Do you think it would have been justification for running over a pedestrian just because you were distracted by a construction worker? That's what would have happened if a pedestrian stepped out when you missed a stop sign.

You're responsible for being in control of your vehicle and obeying the laws, no matter what's going on around you. You can try arguing that in court, but I suspect it won't fly.

C
Newbie
May 13, 2015
49 posts
1 upvote
Mississauga, ON
CNeufeld wrote:
Jun 29th, 2018 1:45 pm
Same as every other ticket in this thread. If you want to fight it, fill in the appropriate info on the ticket, wait for a trial date, and request disclosure. When you get disclosure, post back. So far, none of what you've said will give you a win in court, which is what you need to get it removed from your driver record.

C
Do I have more chance of winning if I go through para legal services?

On the day of trial, if the cop is not present, will it still remain on my driver record?
Deal Fanatic
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Mar 23, 2008
6431 posts
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Edmonton
gig2015 wrote:
Jun 29th, 2018 2:37 pm
Do I have more chance of winning if I go through para legal services?

On the day of trial, if the cop is not present, will it still remain on my driver record?
A paralegal can't do anything that you can do yourself, but they might know more "tricks". Odds are they will simply plead down to a lower fine. Which saves you a bit of money, but you'll still get hit on the insurance, and it will still be on your driving record.

If the ticket gets tossed because the cop doesn't show up, it won't show up on your official driving record, and it won't affect your insurance. Not sure if the cops will still have a record of it in their system, if you get pulled over again.

Why so concerned about your "driving record" in particular?

C
Newbie
May 13, 2015
49 posts
1 upvote
Mississauga, ON
CNeufeld wrote:
Jun 29th, 2018 2:46 pm
A paralegal can't do anything that you can do yourself, but they might know more "tricks". Odds are they will simply plead down to a lower fine. Which saves you a bit of money, but you'll still get hit on the insurance, and it will still be on your driving record.

If the ticket gets tossed because the cop doesn't show up, it won't show up on your official driving record, and it won't affect your insurance. Not sure if the cops will still have a record of it in their system, if you get pulled over again.

Why so concerned about your "driving record" in particular?

I am concerned if my insurance rate gets hit because of the ticket and demerit points.

C
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Mar 23, 2008
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Edmonton
gig2015 wrote:
Jun 29th, 2018 3:08 pm
Got it...

I'm surprised that driving 25km/h over the speed limit in a construction zone only got you a $118 fine. Did the officer reduce the fine?

C
Newbie
May 13, 2015
49 posts
1 upvote
Mississauga, ON
CNeufeld wrote:
Jun 29th, 2018 3:15 pm
Got it...

I'm surprised that driving 25km/h over the speed limit in a construction zone only got you a $118 fine. Did the officer reduce the fine?

C
Yes he reduced the fine from $250 something
Newbie
May 13, 2015
49 posts
1 upvote
Mississauga, ON
CNeufeld wrote:
Jun 29th, 2018 3:15 pm
Got it...

I'm surprised that driving 25km/h over the speed limit in a construction zone only got you a $118 fine. Did the officer reduce the fine?

C
Yes he reduced the fine from $250 something


Wait but it was not a construction zone where he stopped or where he tracked my speed.

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