Automotive

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

Deal Fanatic
User avatar
Mar 23, 2008
7446 posts
4310 upvotes
Edmonton
Stopped wrote:
Jul 31st, 2018 5:49 pm
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!
There’s no obligation for them to give you a break. All you can do is try and call their bluff.

C
Newbie
Sep 11, 2015
7 posts
1 upvote
Toronto, ON
If a person decides to go to trial, how much would be the court charge?
Member
Nov 26, 2015
294 posts
101 upvotes
Montréal
I got a yellow light ticket for not stopping necessarily. It was raining during the day and I checked my dashcam the light turned yellow around 42m from the intersection at 49.5km/h (3 seconds before I entered the intersection), and the light turned red 1 second after I entered the intersection. $16x...

$16x is not the problem but it is the number of convictions on my insurance. It is my 3rd offense for the last 3 years. After the last speeding ticket 14 months ago I had been driving like a grandma and now I got this...

On the non guilty plea should I even mention the dashcam evidence? Or should I just request disclosure and mention the heavy rain and slippery interface, and risk of skidding?

The Police officer said he was doing me a favor for not giving me a red light ticket...

Thanks
Sr. Member
Sep 20, 2003
554 posts
33 upvotes
Gave the courthouse a call, they said they didn't have my disclosure, and to request it again. I faxed in a disclosure request that same day using the template, without my phone number. The next day, they called me (they were clever enough to get my phone number from my first disclosure request) while driving, so I missed their call. What should be my next move? I reckon they don't have my video disclosure yet, so I was just thinking of calling a few weeks from now?
Newbie
Dec 20, 2016
55 posts
3 upvotes
DonnieP68803 wrote:
Jul 30th, 2018 10:57 pm
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


If that is what the judge told you, then I would go and follow his advice. You stated that your ticket failed to mention the municipality. That is a fatal error and should be tossed if you bring that up on the trial date.
Newbie
Mar 14, 2010
67 posts
44 upvotes
Montreal
Hello, I was charged with the following:

"Fail to move into another lane for emergency vehicle if safe to do so." Fined $400.

In brief:

It was 1 AM at night.

I was driving a car on the right lane of a highway, when I saw a police vehicle with its hazard lights flashing… parked on the right shoulder.

I didn't know there you were supposed to change over to the left lane in order to pass vehicles with their hazards on. Thus, I kept driving on the right lane and passed the police car.

Despite not knowing the law, I still recognized that it was an unsafe situation. And I had turned on my highbeams and slowed my vehicle from highway speed to maybe 60 -70 km or whatever and made sure that nobody was I was not in danger of hitting any civilians.

So I passed the police car… but it turns out flicking on my highbeams probably irritated the officer.

As the police car immediately started up and pulled me over and gave me a ticket. He had also expressed his annoyance over the highbeams being turned on.

Is there any way for me to defend myself here?

I most certainly drove past a parked police vehicle while its hazards were on. (I didn't know the law.) However, I had slowed down, and even turned on my lights to ensure nobody was there. He officer even wrote on his report that my high beams were flashed. He also wrote that I said I didn't know about the law.

Any comments would be helpful!
Sr. Member
Sep 20, 2003
554 posts
33 upvotes
gdong wrote:
Aug 1st, 2018 3:52 pm
Gave the courthouse a call, they said they didn't have my disclosure, and to request it again. I faxed in a disclosure request that same day using the template, without my phone number. The next day, they called me (they were clever enough to get my phone number from my first disclosure request) while driving, so I missed their call. What should be my next move? I reckon they don't have my video disclosure yet, so I was just thinking of calling a few weeks from now?
Anyone know if I have a case to drop the charge if the video disclosure is never made available to me?
Deal Fanatic
User avatar
Mar 23, 2008
7446 posts
4310 upvotes
Edmonton
gdong wrote:
Aug 2nd, 2018 1:12 pm
Anyone know if I have a case to drop the charge if the video disclosure is never made available to me?
Well, sure. You can start by telling the prosecutor that you want it dropped, since they haven't given you the copy. Hopefully they drop it then and there, and you can go home. If they continue, though, you can make your case to the JP that you were told there was video evidence, and you haven't been provided a copy. And that you believe the evidence will show that you didn't commit the infraction.

And then it will be up to the prosecutor to argue against that... And up to the JP to decide who's argument is more compelling.

C
Jr. Member
Apr 7, 2014
144 posts
24 upvotes
Toronto, ON
ryan10075 wrote:
Aug 1st, 2018 12:37 am
I got a yellow light ticket for not stopping necessarily. It was raining during the day and I checked my dashcam the light turned yellow around 42m from the intersection at 49.5km/h (3 seconds before I entered the intersection), and the light turned red 1 second after I entered the intersection. $16x...

$16x is not the problem but it is the number of convictions on my insurance. It is my 3rd offense for the last 3 years. After the last speeding ticket 14 months ago I had been driving like a grandma and now I got this...

On the non guilty plea should I even mention the dashcam evidence? Or should I just request disclosure and mention the heavy rain and slippery interface, and risk of skidding?

The Police officer said he was doing me a favor for not giving me a red light ticket...

Thanks
Amber light

(15) Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution. R.S.O. 1990, c. H.8, s. 144 (15).

I'd use the video as evidence, which will show your travelling speed(shows speedometer?). With that, you can google some statistics on your car's stopping ability on wet or dry, and prove to a judge that had you tried to stop from the speed you were travelling, you would have had to slam the brakes and possibly swerve out of control.
https://www.qld.gov.au/transport/safety ... nces/graph
Total stopping distance on wet average car: 41m ..
You had 42m, so you likely could have stopped, but just barely made it.. now depending on what car you drive you can argue you had a heavy car.. if you do.. or lots of load in the trunk etc.
So it becomes an extremely close call, which I'd say you should be able to win if the facts are as you say, 50km 3 seconds.. That's what amber is for, .. you can get the weather stats for that day online and print them to show the amount of rain, which would also be a factor, if it was raining quite heavy or just light rain.. and were you doing 50 in a 50 or 50 in a 60 due to the rain? Then you can also argue you were already driving with caution.
Member
Nov 26, 2015
294 posts
101 upvotes
Montréal
sailplane wrote:
Aug 2nd, 2018 11:31 pm
Amber light

(15) Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution. R.S.O. 1990, c. H.8, s. 144 (15).

I'd use the video as evidence, which will show your travelling speed(shows speedometer?). With that, you can google some statistics on your car's stopping ability on wet or dry, and prove to a judge that had you tried to stop from the speed you were travelling, you would have had to slam the brakes and possibly swerve out of control.
https://www.qld.gov.au/transport/safety ... nces/graph
Total stopping distance on wet average car: 41m ..
You had 42m, so you likely could have stopped, but just barely made it.. now depending on what car you drive you can argue you had a heavy car.. if you do.. or lots of load in the trunk etc.
So it becomes an extremely close call, which I'd say you should be able to win if the facts are as you say, 50km 3 seconds.. That's what amber is for, .. you can get the weather stats for that day online and print them to show the amount of rain, which would also be a factor, if it was raining quite heavy or just light rain.. and were you doing 50 in a 50 or 50 in a 60 due to the rain? Then you can also argue you were already driving with caution.
Thanks very much for your reply!

The dashcam video doesn't have the speedometer but I figure out the distance by cross referencing Google Maps and the location on the dashcam. But I just remember my dashcam has GPS file I can figure it out correctly. I play it in the software so it says I was driving at 53km/h and I calculated the distance between the two GPS coordinates with this it was 44.74 meters.

Sorry I described it wrong. It was not raining during the event but it was raining earlier in the afternoon. I wonder would it matter much? The surface was not very wet but it was wet. I checked the weather and it says it was raining in the afternoon.

I guess this falls into a highly subjective territory I guess? I wonder if I present these evidences it would be used against my interest.

But thanks very much!
Jr. Member
Apr 7, 2014
144 posts
24 upvotes
Toronto, ON
It's possible it may not help.. was there a lot of traffic? Cars behind you? If you had a car tailgating you for example, that would be a reason you can mention that you could not stop safely. Did you attempt to stop but then continued because it felt you could not? You can mention that too if you did. Were there other cars right in front of you that also passed along with you? Was the speed limit 50? If you say you were doing more, then that wouldn't help and could be used against you, speeding while the surface is wet, then they can say that's why you couldn't stop safely.
ryan10075 wrote:
Aug 3rd, 2018 12:56 am
Thanks very much for your reply!

The dashcam video doesn't have the speedometer but I figure out the distance by cross referencing Google Maps and the location on the dashcam. But I just remember my dashcam has GPS file I can figure it out correctly. I play it in the software so it says I was driving at 53km/h and I calculated the distance between the two GPS coordinates with this it was 44.74 meters.

Sorry I described it wrong. It was not raining during the event but it was raining earlier in the afternoon. I wonder would it matter much? The surface was not very wet but it was wet. I checked the weather and it says it was raining in the afternoon.

I guess this falls into a highly subjective territory I guess? I wonder if I present these evidences it would be used against my interest.

But thanks very much!
Member
Nov 26, 2015
294 posts
101 upvotes
Montréal
sailplane wrote:
Aug 3rd, 2018 9:41 am
It's possible it may not help.. was there a lot of traffic? Cars behind you? If you had a car tailgating you for example, that would be a reason you can mention that you could not stop safely. Did you attempt to stop but then continued because it felt you could not? You can mention that too if you did. Were there other cars right in front of you that also passed along with you? Was the speed limit 50? If you say you were doing more, then that wouldn't help and could be used against you, speeding while the surface is wet, then they can say that's why you couldn't stop safely.
Yeah it was 50km/h limit. Though I thought I was travelling at 50km/h because I always watch my speed. Anyway, thanks very much. I guess I would spend some money for a lawyer for me. I think I would mess it up at this point.

Thanks very much!
Newbie
May 1, 2012
80 posts
6 upvotes
MARKHAM
I received a speeding ticket in October of 2017 and received a trial date for August 15, 2018 (about 1.5 weeks from today) in December 2017. I sent in my first disclosure request in January 2018, and 4 months passed, no disclosure. I sent in a second disclosure request in May 2018, and to the end of July 2018, still no disclosure received (these disclosure requests were sent in via registered mail), so I applied for a stay of proceedings on July 25th (which is at least 15 days prior to trial).

Today, August 3, 2018 close to the end of the day, the prosecutors office calls me saying that the disclosure I had requested is now available for pickup. Am I still able to apply for a stay of proceedings given that disclosure has been provided so late?
Newbie
Jul 29, 2018
2 posts
1 upvote
Thanks To all who replied... I went to the trial and the officer didnt show up, the charges were withdrawn.
Newbie
Jan 31, 2008
16 posts
Vancouver
I got a speeding ticket by exceeding the speed limit less than 21km/h in Richmond BC. I was followed and pulled over by a police cruiser and no speed measuring tool (laser gun) was used. I got the ticket while I was working as a shuttle driver and this was my first ticket in 20 years. Please advise how I can fight for this ticket. Ticket has been disputed for allegation and I am waiting for court date notice.
Last edited by lollol on Aug 12th, 2018 8:28 pm, edited 1 time in total.

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