Automotive

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

Newbie
Aug 5, 2018
1 posts
Was ticketed by a conservation Officer and when I examined it he even had my ID while writing it up, he put down a wrong middle name and also made an error on my birth date.
I am wondering if this would be considered a fatal error to quash the ticket?
Newbie
Mar 2, 2018
3 posts
I received a traffic ticket for operating a handheld device earlier this year and my court date is approaching later this month.

At the time of the incident, I was using my speaker phone and the phone was resting on the centre console of my vehicle "lit up" due to the fact that I was on the phone at the time. It was late at night so the officer could see the phone lit up through his window as he pulled up next to a traffic light beside me. I noticed someone staring into my window and he motioned for me to pull over. He said that I was texting to which I replied that I was on my speaker phone with family at the time. He produced a ticket for operating a hand held device which carries a hefty $500 fine and 2 demerit points. He also issued a warning as I was driving my wife's vehicle and could not find the ownership at the time.

I requested disclosure and received it. In the disclosure the officer's notes are very thorough and concise. He discusses the incident and the weather conditions as well as the fact that there were no obstructions or issues seeing into my vehicle at the time. The officer's notes say that I was holding the phone and that he observed this for 3 seconds with an "unobstructed view" before I noticed him, lowered the window and acknowledged his request to pull over. The notes then state that when he approached my vehicle following the stop that he noticed my phone in the centre console cup holder and that I informed him that I was on my speaker phone. Finally, the officer's notes say that he issued a ticket and a warning for the lack of ownership (which was actually in the car at the time hidden behind some papers in the glove box).

I also got a print out from my cell phone company of my call record that evening that indicates that I was on the phone at the time of the traffic stop and had been for 12 minutes. I intend to explain to the judge that I had indeed made the outgoing call prior to leaving the parking lot having stopped to pick up something at the store and that I placed the phone on the centre console as I always do when using it in the car and that I was not holding the device as the office stated that I was.

I am guessing it is the officers word against mine as to whether I was holding the device or not but I can prove that I was on my phone and not texting by producing the phone record.

I am hoping someone can advise me on whether I have a case or if I should consider a plea?

Thanks...
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Mar 23, 2008
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JonathanDVS90224 wrote:
Aug 6th, 2018 1:05 pm
Was ticketed by a conservation Officer and when I examined it he even had my ID while writing it up, he put down a wrong middle name and also made an error on my birth date.
I am wondering if this would be considered a fatal error to quash the ticket?
You don't give a location, but most likely neither of those would be fatal errors.

C
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Mar 23, 2008
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EnigmaticDecay wrote:
Aug 6th, 2018 7:39 pm
I received a traffic ticket for operating a handheld device earlier this year and my court date is approaching later this month.

At the time of the incident, I was using my speaker phone and the phone was resting on the centre console of my vehicle "lit up" due to the fact that I was on the phone at the time. It was late at night so the officer could see the phone lit up through his window as he pulled up next to a traffic light beside me. I noticed someone staring into my window and he motioned for me to pull over. He said that I was texting to which I replied that I was on my speaker phone with family at the time. He produced a ticket for operating a hand held device which carries a hefty $500 fine and 2 demerit points. He also issued a warning as I was driving my wife's vehicle and could not find the ownership at the time.

I requested disclosure and received it. In the disclosure the officer's notes are very thorough and concise. He discusses the incident and the weather conditions as well as the fact that there were no obstructions or issues seeing into my vehicle at the time. The officer's notes say that I was holding the phone and that he observed this for 3 seconds with an "unobstructed view" before I noticed him, lowered the window and acknowledged his request to pull over. The notes then state that when he approached my vehicle following the stop that he noticed my phone in the centre console cup holder and that I informed him that I was on my speaker phone. Finally, the officer's notes say that he issued a ticket and a warning for the lack of ownership (which was actually in the car at the time hidden behind some papers in the glove box).

I also got a print out from my cell phone company of my call record that evening that indicates that I was on the phone at the time of the traffic stop and had been for 12 minutes. I intend to explain to the judge that I had indeed made the outgoing call prior to leaving the parking lot having stopped to pick up something at the store and that I placed the phone on the centre console as I always do when using it in the car and that I was not holding the device as the office stated that I was.

I am guessing it is the officers word against mine as to whether I was holding the device or not but I can prove that I was on my phone and not texting by producing the phone record.

I am hoping someone can advise me on whether I have a case or if I should consider a plea?

Thanks...
Does he actually note that he saw it in your hand? Or just that he saw the glow?

C
Newbie
Mar 2, 2018
3 posts
Thanks for your reply, the disclosure says that he had a clear unobstructed view of the driver holding an illuminated hand held communication device just above the centre console for three seconds.
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Mar 23, 2008
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EnigmaticDecay wrote:
Aug 7th, 2018 2:49 pm
Thanks for your reply, the disclosure says that he had a clear unobstructed view of the driver holding an illuminated hand held communication device just above the centre console for three seconds.
Do you have see through doors? I would ask him how he saw you holding a device just above the center console when you're both sitting in your vehicles. Typically, with vehicles of even height, you can see (at most) shoulders and up.

I would think that careful questioning would get you the result you want. Whether you can pull that off is up to you. Don't mention anything about your defense to the prosecutor or officer in advance (if you do a "early resolution" for example), and lead him to what he could actually see. Like, where was his car in relation to yours, was he sitting in his car, etc. Ask him to show you how you were holding the phone when he saw it. And bring multiple copies of pictures of you sitting in your car (showing how much of your body is visible) and your setup of the phone in it's holder.

C
Jr. Member
Nov 18, 2008
197 posts
38 upvotes
Toronto
Hello all! Thanks to all those that help us in this thread it's invaluable!

I have not received the disclosure yet
Quick question on my application for a stay with my trial.
Offence Date: Dec 7/2017
Court Date: Aug 28/2018

1st request for disclosure: Fax Feb 13/2018
2nd request for disclosure: Fax July 17/2018
3rd request for disclosure: Registered mail delivered July 18/2018
4th request for disclosure: Fax Aug 7/2018

Given I am coming to 15 days prior to trial I want to request a stay for the trial. Have I given sufficient notice for the disclosures for a stay to be granted? Any help is appreciated thanks!!!
Newbie
Mar 2, 2018
3 posts
Thanks again for the response. His vehicle was significantly higher than mine so he might have been able to see down. I will take some test photos in my driveway from our second vehicle (similar height to the police car) to see what I can see and if he could clearly see in the dark with the glow.

The phone he saw in the cup holder would have been my work phone. I am thinking that I will take your advise and ask him to show me how I was holding the phone and then show pictures of where my work phone sits in the cup holder and where my personal phone was on the centre console. I could ask where he saw the phone and if he noticed anything else and then disclose my second (work) phone was sitting in the cup holder.

I am also really hoping that the call log from bell helps cause it shows that I was on the phone for 12 minutes prior to the stop so at the very least it proves I was not texting and with the officer saying that he saw it just above the centre console, I was not holding it to my ear so I MUST have been using the speaker phone option. That still does not rule out me holding the phone I guess, which is what I am hoping the pictures may rule out as well.

Any other thoughts or ideas to direct my questioning would be super helpful if you have the time.

Thanks
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Mar 23, 2008
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peter330 wrote:
Aug 8th, 2018 3:36 pm
Hello all! Thanks to all those that help us in this thread it's invaluable!

I have not received the disclosure yet
Quick question on my application for a stay with my trial.
Offence Date: Dec 7/2017
Court Date: Aug 28/2018

1st request for disclosure: Fax Feb 13/2018
2nd request for disclosure: Fax July 17/2018
3rd request for disclosure: Registered mail delivered July 18/2018
4th request for disclosure: Fax Aug 7/2018

Given I am coming to 15 days prior to trial I want to request a stay for the trial. Have I given sufficient notice for the disclosures for a stay to be granted? Any help is appreciated thanks!!!
Have you contacted them by phone to see if your disclosure is available to you? They're required to make it available, not necessarily deliver it.

And most likely, you'll be given disclosure at the trial or the opportunity to go over the officer's notes with him/her. You would have the option of requesting an adjournment so you can review and prepare your case. The odds of a stay being granted just because you asked a few times are slim.

But maybe the officer will be a no-show and the prosecutor will drop it...

C
Jr. Member
Nov 18, 2008
197 posts
38 upvotes
Toronto
CNeufeld wrote:
Aug 8th, 2018 4:03 pm
Have you contacted them by phone to see if your disclosure is available to you? They're required to make it available, not necessarily deliver it.

And most likely, you'll be given disclosure at the trial or the opportunity to go over the officer's notes with him/her. You would have the option of requesting an adjournment so you can review and prepare your case. The odds of a stay being granted just because you asked a few times are slim.

But maybe the officer will be a no-show and the prosecutor will drop it...

C
Just called them and they said it was available to be picked up. In the OP post it says not to leave your number as they will ask you to go pick it up. Should they not be mailing it? I asked clearly in my requests to send it by mail.

So in your opinion it's not worth going through the motions of a stay? It's a bit of work but if the chances on slim for it being granted I won't go through the trouble.
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Mar 23, 2008
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peter330 wrote:
Aug 8th, 2018 4:19 pm
Just called them and they said it was available to be picked up. In the OP post it says not to leave your number as they will ask you to go pick it up. Should they not be mailing it? I asked clearly in my requests to send it by mail.

So in your opinion it's not worth going through the motions of a stay? It's a bit of work but if the chances on slim for it being granted I won't go through the trouble.
No offense intended to the original poster, but the whole premise of requesting disclosure but not providing a way for them to communicate back to you seems like a fool's game. All it means is that you'll be handed a disclosure package at the trial, and granted a delay. Which means a second trial day for you. But it would not be counted against the prosecution, as they made disclosure available to you.

IMHO...

C
Sr. Member
Jan 23, 2017
910 posts
721 upvotes
Calgary
Received a photo radar ticket from Moose Jaw, SK police service.

The car was Ontario plated, registered jointly to myself and my spouse (both names appear on ticket). It is now registered only to myself in Alberta.

Address on the ticket is old (only received it due to 12 month mail forwarding), drivers license, drivers license province and date of birth fields are all blank. Sex is listed as "C".

The car is now Alberta registered & plated, no issues at time of registration.

There's no way I can fight it, as I'm not travelling to another province. Any thoughts on this one?
Newbie
Aug 7, 2018
2 posts
Hi,
I got a ticket for crossing two solid white lanes , was trying to turn left therefore changed lanes.; and for having my phone on with gps.
The police officer said that he saw :”a blonde girl lost” so he was going to give me a warning but when he heard the gps he gave me a full ticket 3 charges and 8 points that he promised will be dismissed if I have no other violations before the court date and will appear in the court.
My hearing is exactly 1 year from the incident date.
And I’m going to request the evidence.
But I really don’t know what to say in my defense.. I really was lost, trying not to miss the turn and listening to gps (not looking at the phone or holding it)
Please advise.
Thank you
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Mar 21, 2010
4128 posts
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Toronto
AllaF95302 wrote:
Aug 8th, 2018 9:51 pm
he gave me a full ticket 3 charges and 8 points that he promised will be dismissed if I have no other violations before the court date and will appear in the court.
That sounds very much like (if he's not lying) the officer's not going to show up to court and therefore you might not even have to argue your case. To be prepared, you have the right idea - request disclosure and go from there, based on what it says.
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Mar 23, 2008
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AllaF95302 wrote:
Aug 8th, 2018 9:51 pm
Hi,
I got a ticket for crossing two solid white lanes , was trying to turn left therefore changed lanes.; and for having my phone on with gps.
The police officer said that he saw :”a blonde girl lost” so he was going to give me a warning but when he heard the gps he gave me a full ticket 3 charges and 8 points that he promised will be dismissed if I have no other violations before the court date and will appear in the court.
My hearing is exactly 1 year from the incident date.
And I’m going to request the evidence.
But I really don’t know what to say in my defense.. I really was lost, trying not to miss the turn and listening to gps (not looking at the phone or holding it)
Please advise.
Thank you
You don't say where the infraction occurred (province, at least) or what the actual violations were. You might want to start with those things.

Other than that, request a trial, request disclosure, and post back when you have the disclosure. Nothing you've said so far is a defense.

C

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