Automotive

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

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Oct 13, 2014
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m2pphkg wrote:
Jul 30th, 2018 2:20 pm
My 20 years old daughter, who is a full time 3rd year uni student at McMaster, made a left turn when the light is yellow. This car from the other side came lightning fast and she didn't brake fast enough. Our car nudged the other car lightly and it couldn't stop until 300 metres away, made a 180º turn and climbed onto the medium curb. It's rear wheels were came off. That driver was not hurt, vaping e-cigarette when writing his statement, and no ambulance was present. It's my daughter's first accident and she never had any tickets before. The cop gave her a careless driving ticket. She was panicked and forget to tell the cops we have dash cam in the car. What's the best way to deal with this? Thanks a lot.
Burn the footage immediately to a DVD, making a copy that cannot be edited and keep for future needs.
“Before one can have a Clue they must first accumulate 10 Inklings. That said, all it takes is one bad post and you erase all Clues accumulated'"
Newbie
Jul 21, 2010
46 posts
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Newmarket
Cops were there and obviously not going to pay this dude tens of thousand to fix the damages. Notified insurance already.
Diehard Macuser
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Jul 21, 2010
46 posts
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Newmarket
rcmpvet wrote:
Jul 30th, 2018 3:54 pm
Burn the footage immediately to a DVD, making a copy that cannot be edited and keep for future needs.
Vid is safe and sound with multiple copies on USBs.
Diehard Macuser
Newbie
Jul 21, 2010
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Newmarket
CNeufeld wrote:
Jul 30th, 2018 2:48 pm
By default, the driver making the left turn is responsible for making it safely. You may want to get legal (paralegal) help, as a careless driving conviction can have significant repercussions on insurance rates.

On the plus side, the cop didn’t see the incident, so he’s quite limited to what he can testify to. And the other driver may be a no-show.

Has this gone through insurance yet?

C
Notified insurance. Body shop referred "Legal Counsel" who quoted 1.2K for whole package but later on asked for 1.4 for 2 hearings only. They also demanded eTransfer right away. Didn't go for them.
Diehard Macuser
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Mar 23, 2008
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m2pphkg wrote:
Jul 30th, 2018 4:55 pm
Cops were there and obviously not going to pay this dude tens of thousand to fix the damages. Notified insurance already.
Did the cops actually see the accident? I take it this happened recently, then? So no disclosure yet from anyone...

Did the other driver get charged with anything?

Again, as per Ontario fault determination rules, your daughter is 100% at fault
https://www.ontario.ca/laws/regulation/900668 (section 12(5)).

It's going to be up to you (and/or your representative) to prove that the accident wasn't her fault and the ticket should be thrown out. I'm not trying to bust your chops on this; I wasn't there and I obviously haven't seen the video footage. Hopefully the video shows what you need it to show.

ETA: 1.2k will be cheap compared to increased insurance premiums based on a major ticket and accident.

C
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Jul 21, 2010
46 posts
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Newmarket
CNeufeld wrote:
Jul 30th, 2018 5:19 pm
Did the cops actually see the accident? I take it this happened recently, then? So no disclosure yet from anyone...

Did the other driver get charged with anything?

Again, as per Ontario fault determination rules, your daughter is 100% at fault
https://www.ontario.ca/laws/regulation/900668 (section 12(5)).

It's going to be up to you (and/or your representative) to prove that the accident wasn't her fault and the ticket should be thrown out. I'm not trying to bust your chops on this; I wasn't there and I obviously haven't seen the video footage. Hopefully the video shows what you need it to show.

ETA: 1.2k will be cheap compared to increased insurance premiums based on a major ticket and accident.

C
Cops didn't see that. Happened last week. The dash cam video clearly shows she slows down at the yellow light under legal speed and no traffic was coming. As she started to turn, this car, may be going 100 clicks, sped through and there's no way she could respond fast enough.
Don't know whether the other driver was charged.
It's asking 1.4K for 2 hearings only which could end up 7 or 8 easily and seems they more interested in money change hand than details of the accident.
Diehard Macuser
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Mar 23, 2008
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m2pphkg wrote:
Jul 30th, 2018 5:42 pm
Cops didn't see that. Happened last week. The dash cam video clearly shows she slows down at the yellow light under legal speed and no traffic was coming. As she started to turn, this car, may be going 100 clicks, sped through and there's no way she could respond fast enough.
Don't know whether the other driver was charged.
It's asking 1.4K for 2 hearings only which could end up 7 or 8 easily and seems they more interested in money change hand than details of the accident.
Well, here's a case that seems to be the "standard" of defense for a left turning driver being acquitted:
https://www.canlii.org/en/on/onsc/doc/2 ... 14114.html

The driver going through the intersection was calculated as doing over 100 km/h, and was impaired. It also ended up going to Superior Court, which would imply a costly defense. In this case, because someone died, there was more at stake, I imagine.

Where was the point of contact with the two vehicles? Did the other car hit your daughter on the passenger side, or did your daughter hit the other car (presumably on the driver side)?

C
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Jul 21, 2010
46 posts
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Newmarket
CNeufeld wrote:
Jul 30th, 2018 5:50 pm
Well, here's a case that seems to be the "standard" of defense for a left turning driver being acquitted:
https://www.canlii.org/en/on/onsc/doc/2 ... 14114.html

The driver going through the intersection was calculated as doing over 100 km/h, and was impaired. It also ended up going to Superior Court, which would imply a costly defense. In this case, because someone died, there was more at stake, I imagine.

Where was the point of contact with the two vehicles? Did the other car hit your daughter on the passenger side, or did your daughter hit the other car (presumably on the driver side)?

C
The vid clearly shows my daughter driver's front hit the other's driver's rear fender because she didn't respond to such a high speed. If the other car was doing legal speed, it wouldn't ended up 300 meters away and a 180º turn to hit medium curb.
Diehard Macuser
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m2pphkg wrote:
Jul 30th, 2018 6:16 pm
The vid clearly shows my daughter driver's front hit the other's driver's rear fender because she didn't respond to such a high speed. If the other car was doing legal speed, it wouldn't ended up 300 meters away and a 180º turn to hit medium curb.
You can also check out this article for some other "left turn lane accidents" for some more cases to read, if you want them:
http://www.beardwinter.com/content/uplo ... ions-1.pdf

If you think of it, post back when this is resolved? I hope it works out in your favor, and maybe the ticket is thrown out when the prosecutor sees the video. But then there's still the insurance side of things, which isn't necessarily related to the outcome of the ticket.

I think the fact that your daughter hit the rear fender won't be in your daughter's favor, as it would signify the other driver was in the through lane before your daughter. However, it was probably in your daughter's favor (from a physical harm perspective) that she wasn't t-boned by the other driver, so that's the positive... A family member totaled their Porsche a month or so ago in exactly the same scenario... He was turning left, driver going straight through... I haven't questioned him on the accident, as he's a bit touchy about it. :) And it's not really my business.

C
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Oct 13, 2014
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m2pphkg wrote:
Jul 30th, 2018 4:56 pm
Vid is safe and sound with multiple copies on USBs.
Maybe yes and maybe not. It is best to play it safe as the video will be timestamped as to when the DVD is burned. The point is being able to enter evidence that has not been tampered with,that is why it is important to burn the original to DVD A.S.A.P. Many a court case has been lost because audio recordings were improperly copied (and that was when the recordings were analogue).
“Before one can have a Clue they must first accumulate 10 Inklings. That said, all it takes is one bad post and you erase all Clues accumulated'"
Newbie
Sep 11, 2015
7 posts
1 upvote
Toronto, ON
I am from Toronto. On my trip to Ottawa during this Canada Day long weekend (so much for patriotism...) There was a police car with lights on parked on the shoulder of the road. I did slow down but didn't change the lane, and got a ticket for the offence of 159 (3) FAIL TO CHANGE LANES.

I just received the Notice of Trial today and the trial date is a month away, at 9am in the morning (I probably need to leave Toronto at 4am). I am concerned that I will not received disclosure in time. Should I send the request for disclosure and stop (for a later trial date) at the same time?

Thanks a lot!
Newbie
Jul 29, 2018
2 posts
1 upvote
Good night,

I recently received a "disobey stop sign, fail to stop" ticket, went to hopefully make a deal with the prosecutor when the judge stated the ticket failed to mention the municipality and told me I can take this to trial where it should be dropped... then asked the prosecutor if he would like to dismiss the case right now to which the prosecutor said no a trial would be better.
I didn't want to waste my time for a trial date so I asked if I can pay a lessen fee and get it over with, the judge said firmly to me why do you want to pay this when it can be dismissed...
I have my trial in a few days and was just curious to know what I should say then and there!
Thanks in advance
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Last edited by DonnieP68803 on Jul 31st, 2018 8:05 pm, edited 1 time in total.
Jr. Member
Apr 7, 2014
144 posts
24 upvotes
Toronto, ON
My neighbor drives a truck and he got a ticket for not displaying the company tag on one side of the vehicle. The truck was sprayed with graffiti and he removed it while removing the graffiti, then left it off because it was all ruined and he wanted to get a new one. He didn't get the new one on time and got pulled over for it.
Along with that, he got No Insurance Card and No Sticker on Windshield, both which he had.. He forgot to stick the sticker there but he had it, and the cop didn't let him search for the insurance card long enough, because he had a big stack of papers and it was lost somewhere in there.. cop said he doesn't have time to wait.

My question is, how likely is he to get any of these taken off, and is he better off paying somebody to help in court?.. He also needs to do a motion of extension of appeal due to illness. How easy/hard is it to get the motion of extension? ..
Newbie
Nov 3, 2017
5 posts
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Does anyone have any opinion on this?

Propagator wrote:
Jul 27th, 2018 1:27 pm
I received a speeding ticket last week in Bunraby, BC. I was going 20km/h over speed limit in a 60km/h zone. The ticket states that it is in violation of section 147 (7) of the MVA, whereas in fact it should probably be 146 (7). Section 147 talks about school zones and has no section (7). I am worried mostly about the points...

Do I have the merit to dispute it based on the wrong section?
Newbie
Jul 30, 2018
1 posts
I received a letter for a ticket for "failure to obey a stop sign" for $388 in Alberta. They provided me with a link to a video of me rolling through an empty 4 way stop. I will not lose any demerits because i'm just being charged as a registered owner of the vehicle committing the violation. I do not deny having done it. I was however in a town i was not familiar with and have only had 1 speeding ticket for going 10km over the speed limit in as long as i can remember, 25 years? I called the small city's courthouse and asked the girl if there was a way to get a reduction on my ticket and she said "we don't do that anymore, maybe in the city they do but we don't". Do i have any hope in getting this monstrous ticket reduced by going into the courthouse or should i just pay it and be frustrated with how my clean driving record doesn't mean squat to anyone but my insurance company?
Thanks!

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