Automotive

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

Sr. Member
May 9, 2006
609 posts
83 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.
Deal Fanatic
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Mar 23, 2008
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Edmonton
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
609 posts
83 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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Edmonton
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
Newbie
Apr 10, 2011
7 posts
Richmond Hill
CNeufeld wrote:
Oct 9th, 2018 1:48 pm
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
You're right, it sounds like I received a summons to appear. Should I still request disclosure?
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Mar 23, 2008
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jbs101 wrote:
Oct 9th, 2018 2:05 pm
You're right, it sounds like I received a summons to appear. Should I still request disclosure?
Well, the first appearance won't be a court date, so you probably won't get disclosure before then. You should do some more reading/research on what to expect.

C
Newbie
Oct 8, 2018
3 posts
40M-2018-05-21 14.39.49.jpg
When I attended court to postpone the trial every single person took the reduced fine other than one guy who had precisely the same ticket as mine - same place, identical speed, one week later. The officer was not available but the prosecutor would ditch the case because of the "extreme" nature of the violation. So I either plea bargain or defend. The officer's testimony is a lie and I hope that I can make that apparent by showing the inconsistency of his position with his claim to have seen me approaching at about 100km/hr from 100 metres. The photos help demonstrate that. They also show the position of the radar machine mounted on the adjacent lamppost which he likely used for guidance rather than viewing my vehicle in the distance. See sample photo taken from 40 metres with my car hidden just as his was.
Deal Fanatic
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Mar 23, 2008
7461 posts
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brian636309644922974000 wrote:
Oct 9th, 2018 2:43 pm
40M-2018-05-21 14.39.49.jpgWhen I attended court to postpone the trial every single person took the reduced fine other than one guy who had precisely the same ticket as mine - same place, identical speed, one week later. The officer was not available but the prosecutor would ditch the case because of the "extreme" nature of the violation. So I either plea bargain or defend. The officer's testimony is a lie and I hope that I can make that apparent by showing the inconsistency of his position with his claim to have seen me approaching at about 100km/hr from 100 metres. The photos help demonstrate that. They also show the position of the radar machine mounted on the adjacent lamppost which he likely used for guidance rather than viewing my vehicle in the distance. See sample photo taken from 40 metres with my car hidden just as his was.
Not sure what you're trying to show. But here's my thoughts...

First of all, you'll need to follow the proper procedures to getting the pictures admitted as evidence. I'll have to leave that to you to dig into, but it's not as simple as taking a bunch of pics with your phone camera and printing them off your home printer.

Second, how will you prove that the location you've taken pictures from is the same as where the cop was parked? You saying you went back to take pictures from where the officer was located isn't any kind of proof, really. If you had pictures of the officer's car parked, that might be another story, but I'm pretty sure that didn't happen.

Third, it looks like from that position, there's decent visibility down the road. If your car is 40m from the post the radar display is on, the car that's clearly visible could very easily be another 40m past that (so 80m total). And it looks like you could easily see further down the road beyond that. There's a rolling hill, but you may have to show how far the officer can see from where you can prove the officer was located to discredit his "100m". For example, it looks like there's the top of a car coming up the rise in your picture. To me, that looks like it's a long ways away (> 100m). But there's an awful lot of manipulation that can be done in an image to change the perspective based on focal length. So again, you're back to actually proving how far the officer can see.

Finally, the officer's testimony will probably be that he got your speed on his gun. Unless you can get him to admit that he never got you on his gun and was JUST using the radar machine, the position and existence of the radar machine is irrelevant.

Remember, the officer has evidence based on his radar gun that you were doing xxx km/h. After that, it's up to you to discredit him. You may want to post the redacted disclosure notes, if you want more help.

You don't have to prove anything to me or anyone else in here. But if you want to successfully defend your ticket, you need to remember the deck is stacked against you, and you'll need to go above and beyond to prove your case.

C
Newbie
Dec 19, 2015
8 posts
1 upvote
Ajax
May 2018 I made a left turn in an intersection (I was northbound and turned westbound) on a green light and was hit by a vehicle heading southbound. My van was hit in the passenger side rear quarter panel and I was hit with enough force that it spun me 90 degrees. I know I looked to see if the path was clear before starting my turn because I wouldn't be stupid enough to put my kid on the passenger side at risk, so please no judgement. Witnesses on-scene reported the other driver was speeding but left the scene when the emergency vehicles arrived on scene for some reason. It was my first ever accident as a driver of 20 years (never had a ticket before in my life either) and I didn't know to get witness info as I was injured and also a bit in shock at the time, I think. Police attended the scene and advised me I would likely be charged with careless driving because I was the one turning left and said it would be up to the officer at the collision center. Both vehicles were towed to the collision center and everyone went there. The other driver filed her accident report and left, I filed mine and was given a ticket for "left turn not in safety". The officer said to fight it and that he wouldn't oppose lowering the fee in court.

I went down to the court house to file for a court date to dispute the charge and received a letter in the mail with my court date for November 1st for the offence of IMPROPER LEFT TURN (HTA 141 (6)). Right on the paper it says I can request disclosure and had a fax number listed and I sent a request (the one from the link on the first page of this thread) July 3rd, July 30th, and again October 1st (was out of the country for August until mid-September). I haven't received anything in the mail as of yet and have the fax transmission receipts of these dates. Online there is a form for disclosure, should I try filling that out as well? The online form asks me to answer Yes or No about a Collision. The ticket does not mention the collision, so do I answer yes or no? Am I incriminating myself if I say yes and the ticket doesn't mention a collision or is it lying if I say no? Will I get disclosure (if I get it at all) from the cop who attended the scene or from the one at the collision center who issued the ticket (who was not at the scene)?

Thanks in advance for any help or advice. The fine isn't my concern, it's insurance... I do have accident forgiveness to help out, but I believe the ticket on my abstract might make a difference.
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Mar 23, 2008
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gotaluvme81 wrote:
Oct 9th, 2018 3:29 pm
May 2018 I made a left turn in an intersection (I was northbound and turned westbound) on a green light and was hit by a vehicle heading southbound. My van was hit in the passenger side rear quarter panel and I was hit with enough force that it spun me 90 degrees. I know I looked to see if the path was clear before starting my turn because I wouldn't be stupid enough to put my kid on the passenger side at risk, so please no judgement. Witnesses on-scene reported the other driver was speeding but left the scene when the emergency vehicles arrived on scene for some reason. It was my first ever accident as a driver of 20 years (never had a ticket before in my life either) and I didn't know to get witness info as I was injured and also a bit in shock at the time, I think. Police attended the scene and advised me I would likely be charged with careless driving because I was the one turning left and said it would be up to the officer at the collision center. Both vehicles were towed to the collision center and everyone went there. The other driver filed her accident report and left, I filed mine and was given a ticket for "left turn not in safety". The officer said to fight it and that he wouldn't oppose lowering the fee in court.

I went down to the court house to file for a court date to dispute the charge and received a letter in the mail with my court date for November 1st for the offence of IMPROPER LEFT TURN (HTA 141 (6)). Right on the paper it says I can request disclosure and had a fax number listed and I sent a request (the one from the link on the first page of this thread) July 3rd, July 30th, and again October 1st (was out of the country for August until mid-September). I haven't received anything in the mail as of yet and have the fax transmission receipts of these dates. Online there is a form for disclosure, should I try filling that out as well? The online form asks me to answer Yes or No about a Collision. The ticket does not mention the collision, so do I answer yes or no? Am I incriminating myself if I say yes and the ticket doesn't mention a collision or is it lying if I say no? Will I get disclosure (if I get it at all) from the cop who attended the scene or from the one at the collision center who issued the ticket (who was not at the scene)?

Thanks in advance for any help or advice. The fine isn't my concern, it's insurance... I do have accident forgiveness to help out, but I believe the ticket on my abstract might make a difference.
You can give the courthouse a call. They may have the disclosure sitting there waiting for you.

Anything they plan on introducing as evidence has to be disclosed. So if they're going to have both officers there, they have to disclose the statements from both of them.

Aside from that... You may be able to negotiate the ticket down, but it will likely still be a conviction of some kind. I'm not judging, but the simple fact that you were turning left and an oncoming vehicle hit you is about all it takes. The witness (who I'm presuming you have no way of contacting) "reporting" that the other driver was speeding isn't of value unless you can get them to show up, and even if they did, it's not a slam-dunk just because the other car was speeding. It's still your responsibility to make that turn only when safe. And it clearly wasn't safe.

C
Newbie
Sep 24, 2014
87 posts
10 upvotes
Toronto, ON
Hello,

What if the court date for a speeding ticket exceeded 12 months, but I never submitted a request for disclosure and thus never received one?

Thanks in advance.

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