Automotive

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

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Mar 23, 2008
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Edmonton
I3lade wrote:
Oct 10th, 2018 12:13 am
I got a ticket in January 2018 for going 77km on a 50km. Trial was set for January 2019.
No disclosure have been made available to me yet, I have emailed three times over the last nine months, and only the last email (start of Sept.) came back with a response that disclosure was not yet ready and I would be contacted once available...Is this a normal occurrence?

Also, I recently drove by the same road and noticed that the speed limit has been increased to 60km. Would this affect my situation in any way?
I don't think it's abnormal for you not to get disclosure until closer to the trial date. You're still 3 or 4 months away. And e-mail isn't typically an "official" way to request disclosure, so you might want to follow up with a fax or form.

And no, the speed limit change won't affect your situation. At the time of your infraction, the speed limit was 50. That's all that counts. Even if it did, it would go from 27 over to 17 over, and you'd be convicted (or not) the same either way. Just a question of how much the fine would be. The insurance impact would be the same, most likely.

C
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Mar 23, 2008
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gotaluvme81 wrote:
Oct 9th, 2018 7:43 pm
Appreciated. The witness who mentioned she was speeding actually reached out on a local Facebook group a few days after the accident and I managed to get in touch with her. She wasn’t sure if she could come to court with me since she had not stuck around to give the police her statement at the time of the accident. So I’m not sure if it would be allowed for her to come to court? I do realize it was my fault as I clearly wasn’t able to clear the intersection in time. You’re right.

Thanks for the info. I’ll give them a call tomorrow.
I don't think it would make a difference what the witness says. Whether the other car was speeding or not, you still turned when it wasn't safe. Now, if she was to testify the other car was in the left turn lane and signaling they were turning left, but then they suddenly changed to going straight through, THAT might be a something in your favor.

C
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Mar 28, 2005
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Ontario / Quebec
krs wrote:
Oct 10th, 2018 10:54 am
I'm actually wondering if they pull the same stunt as in some towns in the US - they know the car is registered far out of town, so let's get them with a ticket missing some key information since they won't be coming back to contest it.
In case people think this does not happen in Canada.
https://www.theglobeandmail.com/globe-d ... le8879322/
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Mar 23, 2008
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Soroushg wrote:
Oct 9th, 2018 8:42 pm
I got 5 ticket today
1. Not wearing seatbell
2. Speeding 81 in 60 zone
3.drive motor vehicle no currently validated permit reddit
4.drive motor vehicle in contravention of conditions
5.ptc driver, fail to display ptc identifier if approved location
The cop said the last two ticket is for not showing mu uber sticker on the right location. Instead of back windshield, it was on the side of the car.
If i dont have the sticker on my permit, since the lady from registration put on different paper then why i am getting a ticker for it.
How many other points for the other ticket ? What should i do ? Im so scared.
You got a ticket for not having your Uber sticker in the right location? Who knew?

You don't give a location, so it's impossible to give an accurate answer to your question regarding demerits. But if you were in Ontario (which everyone knows is the center of the universe), here's your list, which you can easily find by Googling "Ontario traffic demerits":
https://www.ontario.ca/page/understandi ... rit-points

So you'll get 2 demerits for not wearing a seatbelt. And 3 for speeding ticket (16 to 29 category). Again, assuming Ontario... For the other ones, no idea. You might want to post the actual violation number (and location). But if you get 5 convictions, you're looking at a significant insurance hike, I'd guess... If you depend on your ability to drive to make money, it might be worth it to look at hiring a paralegal to try to minimize the impact.

C
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Mar 23, 2008
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gotaluvme81 wrote:
Oct 9th, 2018 7:43 pm
Appreciated. The witness who mentioned she was speeding actually reached out on a local Facebook group a few days after the accident and I managed to get in touch with her. She wasn’t sure if she could come to court with me since she had not stuck around to give the police her statement at the time of the accident. So I’m not sure if it would be allowed for her to come to court? I do realize it was my fault as I clearly wasn’t able to clear the intersection in time. You’re right.

Thanks for the info. I’ll give them a call tomorrow.
On thing you haven't commented on is what did the radar display tell you your speed was?

C
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I3lade wrote:
Oct 10th, 2018 12:36 pm
I see...How close to the trial date would it be reasonable to argue that there was not enough time to put together a defence, in which case would the time be “charged” to the prosecution?

I understand a lot of people have posted about faxing, but the disclosure request form that came with the trial date notification had instructed to fill out and email (York region)?

The speed limit seems to have been debated with by the city and I have seen some articles mentioning that the speed has returned to 60 right before the time I was ticketed. Is there any chance in this confusion (I.e. the bylaws were updated and the signs were outdated) that the ticket could be fatal for it was not a 50 zone?

Thanks for your input!
If they tell you to e-mail and give you a form to do it, then that's fine. No need to fax it then. Each court is different.

You would have to argue why the timeframe was unreasonable to you, so it depends on how good you are at arguing logically. There's no magic cut-off, AFAIK.

The posted speed limit is (AFAIK) what counts. If you had a time-stamped photograph accepted by the courts for the day your ticket was handed out showing that the speed limit was 60 instead of 50, you could argue the case. You can still try to argue the case, but I suspect the JP won't listen long to that particular song, so you'd be wasting your time if that's your only defense. Of course, you also have the chance that the cop doesn't show up... And keep in mind that the prosecution can amend a ticket prior to trial, if they need to. So it wouldn't be a fatal error in any case.

C
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Jan 24, 2018
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CNeufeld wrote:
Oct 10th, 2018 12:44 pm
If they tell you to e-mail and give you a form to do it, then that's fine. No need to fax it then. Each court is different.

You would have to argue why the timeframe was unreasonable to you, so it depends on how good you are at arguing logically. There's no magic cut-off, AFAIK.

The posted speed limit is (AFAIK) what counts. If you had a time-stamped photograph accepted by the courts for the day your ticket was handed out showing that the speed limit was 60 instead of 50, you could argue the case. You can still try to argue the case, but I suspect the JP won't listen long to that particular song, so you'd be wasting your time if that's your only defense. Of course, you also have the chance that the cop doesn't show up... And keep in mind that the prosecution can amend a ticket prior to trial, if they need to. So it wouldn't be a fatal error in any case.

C
Thank you! The info I found about the speed limit increase was on a different section of the road, and I have not been able to find anything else regarding when the speed was increased to the part of the road where I got ticketed.

SOL, I’ll just have to wait for the disclosure :(
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Oct 13, 2014
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Somewhere, ON
My responses are immediately below your applicable statements and in bold.
krs wrote:
Oct 10th, 2018 10:54 am
My wife parked the vehicle, what I posted applies to her (as well as to me) that we would never knowingly park in a handicap spot.
I was just surprised that the ticket would not show the actual street address.
I have received a few regular parking tickets in my time and they all showed the street address.

I can sympathize with you, however does your wife not know exactly where she was parked or was it maybe one of many locations on that street?

Going through the disclosure process just to add the actual location which should have been on the ticket in the first place, seems like a waste of money for the city's parking enforcement department.
Unfortunately evem if we contest the ticket and if we won, this would be a loss proposition because we would have to go to Peterborough and back at least once.

Yes, it is a waste of time.

I'm actually wondering if they pull the same stunt as in some towns in the US - they know the car is registered far out of town, so let's get them with a ticket missing some key information since they won't be coming back to contest it.

So to my question - you think the ticket isvalid even without the location being indicated.

Yes I do. The actual only requirement in a charge is that the location is a place that is covered by the legislation. For example, let's take the twin cities of K-W. One side is Waterloo and the other is Kitchener, same police service (if they issue the violation) but different set of by-laws. Of course with respect to the MLEO, they are employed by the specific city.

Is it possible then to ask for disclosure, once I have the location for us to take a look at the area or ask my daugther to do it (who lives in Cornwall) and then decide to plead guilty or not.
BTW - there is a space on the ticket for a meter number, but no meter number is shown. That would suggest it wasn't at a spot downtown.

Yes, it is possible or at the very least it should be possible, but again we are dealing with people who may or may not be inclined to help the public.

As for a space to input a meter number, again I do not think that would form part of the actual charge. Now it has been a few years since I was in Peterborough but my scan using Google Maps showed a number of locations on that street that showed a meter for those particular Disabled Parking spots, the other spots on that street were serviced by a parking machine whereby one would pay, get the receipt and put same on the dash. The signage for one particular spot was placed at bumper level.
“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'"
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Dec 19, 2015
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Ajax
CNeufeld wrote:
Oct 10th, 2018 11:38 am
I don't think it would make a difference what the witness says. Whether the other car was speeding or not, you still turned when it wasn't safe. Now, if she was to testify the other car was in the left turn lane and signaling they were turning left, but then they suddenly changed to going straight through, THAT might be a something in your favor.

C
Honestly I have no idea about that and the witness never mentioned anything to that effect either so I doubt it. I guess her being there won’t be any advantage to me.

If both cops show up and one mentioned he thought I would have received a Careless Driving ticket (either verbally or in his notes) while the other gave me the Turn Not In safety ticket, can they revert to the other charge? Thanks.
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Mar 23, 2008
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Edmonton
gotaluvme81 wrote:
Oct 10th, 2018 1:42 pm
Honestly I have no idea about that and the witness never mentioned anything to that effect either so I doubt it. I guess her being there won’t be any advantage to me.

If both cops show up and one mentioned he thought I would have received a Careless Driving ticket (either verbally or in his notes) while the other gave me the Turn Not In safety ticket, can they revert to the other charge? Thanks.
Considering neither of them actually saw the incident, I suspect the odds of that happening would be low.

C
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Oct 23, 2017
34 posts
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I got a letter from Toronto Police saying i'm involved in an accident 2months ago with a cyclist and failing to report accident. Now they want me to go to the collision centre in person and submit my personal and vehicle info. Are they trying to nail me if i go there and make any statement. Should I lawyer up first and have them handle this issue?
Newbie
Sep 20, 2010
4 posts
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toronto
Hello,

thanks in advance for your time and willingness to share your knowledge.

My situation is:

Received a careless driving ticket for $490 while on the 404 going Northbound. I was driving in the most left lane--the fast lane. Had pain in my right eye suddenly. It was really bothering me, and at the time I had a really nasty cold sore that I wouldn't stop touching because it made me feel so self-conscious. That week, I remember being haunted by the thought of getting ocular herpes while excessively researching how to heal and treat cold sores so I wasn't going to pick at my eyeball with any of my fingers--while the sores are draining fluids, they are extremely contagious. At the moment, I thought it would be smart to try and remove what I thought was an eyelash in my right eye with a pen I had handy in my glove box. Rubbing my eye with my wrist would've removed my eye make-up that I had on. I understand why it looks like I was applying make-up to the cop, I had my mirror down too.

I didn't believe that I was doing anything wrong. In fact I thought driving with one eye closed was dangerous so I began to merge into the next lane on the right because I was going to drive slower and more cautious with this eye bothering me, heading for the shoulder to stop. (Does this help prove that I wasn't driving "without reasonable consideration for others" while on the road?) This is when I noticed a big black truck was following behind me really closely from my rearview mirror. Then suddenly he turned on his police lights and motioned me to pull over. When stopped, he tells me that applying make-up while driving with your visor down isn't the appropriate venue, and hands me my ticket, after seeing my license, ownership and insurance. 

Concerns and other points to note:
- Don't know how long the OPP cop was watching me for (notes might say 18m unobstructed view). He was in an unmarked black, giant pick-up truck, similar to Ford F150 or maybe it was just a SUV.
- I don't recall if he drove beside me first and some point, or just saw me from behind
- Sent my disclosure early January, got my ticket late October. Trial date a little over 12 months since ticket was received. Received disclosure 2 months ago.
- Asked specifically for dash-cam video footage and typed notes with clarification if short form was used (it was).
- My trial date is less than 15 days away, so I've missed my chance to apply for a stay with improper disclosure.
- For some reason I can recall there was someone in the passenger of the cop's truck, another cop? So I asked for witness statements too.
- In the disclosure the cop notes that I slapped the visor with the light up when I was being pulled over--I did, not because I was guilty but because I knew it looked bad.
- He also notes that I didn't have tinted windows
- He says he saw a cosmetic pencil, it was just a pen I keep in the glove box
- Can I argue that if I wasn't a young female he would not have pulled me over? He would not believe that a male driving would be "applying cosmetics".
- I have cellphone photos of the cold sore and would be happy to show my browser history to prove my logical of action
- I keep my purse in the backseat and do my make up at home in the morning.

Would be happy to send you the disclosure which was a scan of his notes. They were pretty detailed but not completely legible.

Any insight you have about my case would be much appreciated.

Thanks!
Newbie
Oct 10, 2018
1 posts
I took my car off the road in 2010 because of a rather frustrating revving problem and the fact it wasn’t really necessary to have a car for my situation in Toronto.

Now, 8 years later I’m living in the suburbs and was able to easily fix the old car.

I went to renew my license sticker and I have $600 in unpaid parking tickets. The lady at ServiceOntario said there was nothing I could do and I have to pay them, I talked to “TicketSave”, who said I could go to “2700 Eglinton W” or “55 John St. 3rd floor” to have the tickets printed and have a judge review for a possible drop in fines.

Do you guys think it will be possible to dispute / bargain for a lesser fine for tickets that are nearly 10 years old? Anything I can do to lessen the fee? Or should I just pay it?
Member
May 1, 2018
261 posts
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Vancouver
If the officer did not check a box regarding what was committed just above the description of offence but wrote "MV" and checked the Act box in the description part, would it be able to be dismissed as the box wasn't checked?

In BC btw if it matters
Last edited by Alivenate on Oct 11th, 2018 3:02 pm, edited 1 time in total.
Newbie
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Oct 7, 2018
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New Brunswick
Colourmg
Can you enter a pic of his notes and post them, from the info you say, you got something in your eye, I take that you put the visor with mirror down to check your eye, you seem to have a reasonable explanation for that and your intention to pull over. I need to see his notes to help further. I can say that if he just drove up behind you and observed you checking the mirror .. that may not make the threshold of the offence for a conviction.

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