Automotive

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

Newbie
Oct 6, 2018
2 posts
My wife was pulled over after she made a left turn on yellow light. The officer claims it was red she insists that it was yellow.

It’s $350 ticket and she is so mad about it and wants to take it to court.

What are her chances? And what’s a good strategy to fight it ?
Newbie
User avatar
Oct 7, 2018
8 posts
1 upvote
New Brunswick
First, plead not guilty at the court date, there is a reasonably good procedural post at the beginning of " Ask me anything about fighting your traffic ticket (Speeding, Parking, etc.) ", You can always change your mind later if you want. Get Disclosure to see if there is any video, and what the officer notes were, fyi if the officer was doing a detail at the light for that specific reason.. it might be hard to beat, however, if your wife entered the intersection on a green and waited for other traffic to clear the intersection (including pedestrians) before she proceeded, even if the light turned yellow then red, You have a good argument. However, if she entered the intersection on a yellow and had time to stop, plus the officer observed this and can articulate it well in court.. not much chance. Hope this helps.
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Mar 23, 2008
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Edmonton
HanyG14063 wrote:
Oct 7th, 2018 10:12 pm
My wife was pulled over after she made a left turn on yellow light. The officer claims it was red she insists that it was yellow.

It’s $350 ticket and she is so mad about it and wants to take it to court.

What are her chances? And what’s a good strategy to fight it ?
Chances are low, because it’s her word against his. But she can start by requesting a trial and getting disclosure. And develop a defence based on that.

C
Deal Addict
Jan 31, 2007
2978 posts
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Time to received disclosure. I requested disclosure 2 months ago and nothing yet. How long does it usually take?
Sr. Member
May 9, 2006
726 posts
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Mississauga
Provincial offence officer no 135
By law 555-00 section 7(13)
See the image below.
Images
  • 7F12DE35-3CDE-43BB-AF25-966852A37476.jpeg
Sr. Member
May 9, 2006
726 posts
104 upvotes
Mississauga
CNeufeld wrote:
Oct 6th, 2018 3:17 pm
Take a picture of the car exactly as it’s parked, showing it’s location relative to the main road, etc, and post that. Post the actual citation on the ticket (HTA number).

ETA: or was it a municipal by-law ticket? Seems the GTA frowns upon unplanted cars on your own properties...
can-i-leave-car-w-no-licencse-plate-my-driveway-550061/

C
please see post number 16291
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Mar 23, 2008
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djjungly wrote:
Oct 9th, 2018 12:12 pm
please see post number 16291
You car seems very close to hanging out onto the road. It's hard to tell from that picture, but your back tires seem to be right at the curb, which would leave the back end hanging out.

Second, is that concrete in front sidewalk? Because the space between the sidewalk and road is often the "boulevard", which is often city property, not yours.

And finally, as per the thread I posted earlier, the GTA frowns upon unplated (not "unplanted") vehicles on your own driveway.

C
Sr. Member
May 9, 2006
726 posts
104 upvotes
Mississauga
CNeufeld wrote:
Oct 9th, 2018 12:19 pm
You car seems very close to hanging out onto the road. It's hard to tell from that picture, but your back tires seem to be right at the curb, which would leave the back end hanging out.

Second, is that concrete in front sidewalk? Because the space between the sidewalk and road is often the "boulevard", which is often city property, not yours.

And finally, as per the thread I posted earlier, the GTA frowns upon unplated (not "unplanted") vehicles on your own driveway.

C
thanks for reply, I check and car is within the range of driveway, its not sticking out on the road. You are correct about Boulevard, but we are allowed to park on boulevard, one of few street in the city that is allowed. I have moved the van in front of sidewalk now so its actually on driveway.

few questions
1) can I put any old plate on it?
2) the car belong to old owner and its gonna go to scrap yard in few days after I remove some part, so if I don't pay the ticket, who will get the penalty? Old owner has removed the plate from this van and transferred to his other car, so who would be at fault?
3)how will they trace me? ticket only has VIN and this car is not registered to me.
Newbie
Oct 8, 2018
3 posts
I will be in court to defend against a speeding ticket - 102 in a 60. My primary defence is that:

1. This is a speed trap with which I am extremely familiar (near my golf course) and accordingly I never drive anywhere near 102 km/h there

2. The officer was hidden in a parked SUV behind a stand of trees and could not have seen me for the time necessary to determine if I was speeding. Given his position , his claim on locking in on my vehicle from 80M with radar is impossible and his claim to have had a clear, unobstructed view is a lie. I have photos of my vehicle parked where he was from different distances and he could not have seen me until 25M which is when I first saw him. It is more likely that he was watching a radar sign posted in that location which was there to keep motorists from speeding and using it for guidance.

3. Unlike officers who stand roadside with radar gun held in position, this officer not set with his radar gun. He had to quickly reach for his radar gun as I got close and thus was not prepared in position. His statement makes no mention of other vehicles on the road. Perhaps he measured something else moving.

Do I stand a chance of winning at trial?

What does "No icc of offence? mean? It appears on the officer's statement.
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1) You can put an old plate on the car, and it might prevent the neighbors from complaining. But if a ticketing officer comes by to check, he's going to see that the plate isn't valid for the current year, and could issue another ticket.
2) and 3) Those a very good questions, and I have no idea on the answers. Theoretically, the only way they have of issuing the ticket is by the VIN, which will go back to the previous owner, I think. Whether they can dispute it by displaying a bill of sale and have the ticket issued to you is another question.

As far as the current ticket goes... What does it have for identifying the vehicle/driver?

C
Sr. Member
May 9, 2006
726 posts
104 upvotes
Mississauga
CNeufeld wrote:
Oct 9th, 2018 12:31 pm
1) You can put an old plate on the car, and it might prevent the neighbors from complaining. But if a ticketing officer comes by to check, he's going to see that the plate isn't valid for the current year, and could issue another ticket.
2) and 3) Those a very good questions, and I have no idea on the answers. Theoretically, the only way they have of issuing the ticket is by the VIN, which will go back to the previous owner, I think. Whether they can dispute it by displaying a bill of sale and have the ticket issued to you is another question.

As far as the current ticket goes... What does it have for identifying the vehicle/driver?

C
it has vehicle make, and VIN number only. ticket says its a penalty notice.
the address location is missing one letter in the address, not sure if that's a big deal. just the street number and street, no postal code or anything.
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Mar 23, 2008
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djjungly wrote:
Oct 9th, 2018 12:35 pm
it has vehicle make, and VIN number only. ticket says its a penalty notice.
the address location is missing one letter in the address, not sure if that's a big deal. just the street number and street, no postal code or anything.
My RFD side says to ignore the ticket and get rid of the car ASAP so you don't get more. Be prepared to pay when you next renew your plate or license, though.

My "humanitarian" side says that's the wrong thing to do, because you're counting on the ticket going to the seller, who is innocent in this situation. So they'll get a ticket and have to try to prove that they didn't own the car in question at the time of the accident (which may caused it to be bounced to you, if they produce the bill of sale and the system follows up on it).

I think that if you chose to fight the ticket, but I suspect you'd lose. Your car was unplated, and I think from what you said that you were parked on city property (even if you were allowed to park there legally). It might be no different than parking on the street with an unplated car. The incorrect address won't be a fatal flaw.

C
Newbie
Apr 10, 2011
7 posts
Richmond Hill
Hi All,

I just got into an accident over the weekend where I rear-ended another vehicle. I was approaching traffic that was sitting at a recently turned green light. The car in front of me had not started to go as I would have expected them too. I hit the brakes and as soon as I applied pressure my car started skidding (it was rainy out and the road was very slick). I ended up hitting them from behind. Within a minute, there was a police car that passed by and handled the situation. He ended up writing me a ticket for careless driving and gave me a court date for November 22nd (47 days from the date of accident).

I am planning on fighting this ticket by myself and was hoping to get some advice. I have never been in an accident before but have had a couple of speeding tickets before. To me, it seems like my trial date is pretty quick. I am going to be submitting my request for disclosure this evening. Last time I did this it took about a month to receive.

Any help is hugely appreciated! I really don't want to see my premiums sky rockets from an accident AND a CD ticket.
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Mar 23, 2008
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jbs101 wrote:
Oct 9th, 2018 1:43 pm
Hi All,

I just got into an accident over the weekend where I rear-ended another vehicle. I was approaching traffic that was sitting at a recently turned green light. The car in front of me had not started to go as I would have expected them too. I hit the brakes and as soon as I applied pressure my car started skidding (it was rainy out and the road was very slick). I ended up hitting them from behind. Within a minute, there was a police car that passed by and handled the situation. He ended up writing me a ticket for careless driving and gave me a court date for November 22nd (47 days from the date of accident).

I am planning on fighting this ticket by myself and was hoping to get some advice. I have never been in an accident before but have had a couple of speeding tickets before. To me, it seems like my trial date is pretty quick. I am going to be submitting my request for disclosure this evening. Last time I did this it took about a month to receive.

Any help is hugely appreciated! I really don't want to see my premiums sky rockets from an accident AND a CD ticket.
Request your disclosure, and if you don't get it in time for your trial, you should be able to easily get a delay. I'm surprised that you got a "trial date" from the officer, though... They don't control when the trials happen. Or did you get a summons?
https://www.ontariotraffictickets.com/c ... ns-appear/

C
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Mar 23, 2008
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brian636309644922974000 wrote:
Oct 9th, 2018 12:28 pm
I will be in court to defend against a speeding ticket - 102 in a 60. My primary defence is that:

1. This is a speed trap with which I am extremely familiar (near my golf course) and accordingly I never drive anywhere near 102 km/h there

2. The officer was hidden in a parked SUV behind a stand of trees and could not have seen me for the time necessary to determine if I was speeding. Given his position , his claim on locking in on my vehicle from 80M with radar is impossible and his claim to have had a clear, unobstructed view is a lie. I have photos of my vehicle parked where he was from different distances and he could not have seen me until 25M which is when I first saw him. It is more likely that he was watching a radar sign posted in that location which was there to keep motorists from speeding and using it for guidance.

3. Unlike officers who stand roadside with radar gun held in position, this officer not set with his radar gun. He had to quickly reach for his radar gun as I got close and thus was not prepared in position. His statement makes no mention of other vehicles on the road. Perhaps he measured something else moving.

Do I stand a chance of winning at trial?

What does "No icc of offence? mean? It appears on the officer's statement.
Your first difficulty will be getting the pictures admitted into evidence. You'll then have to discredit the officer's testimony.

Do you have a chance at winning? Sure, there's always a chance. It will depend on how well you can argue logically and think quickly. You might even be lucky enough that the officer no-shows, and you'll win by default.

C

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