Automotive

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

Deal Fanatic
User avatar
Mar 23, 2008
7433 posts
4304 upvotes
Edmonton
MelissaC6751 wrote:
Oct 11th, 2018 3:15 pm
I am in Quebec, in a small town with its own police force and court. My son got a ticket for passing a school bus with its stop sign out. Is it possible to ask for the ticket to be dismissed? Or can you only plead guilty or not guilty? I would like for it to be dismissed based on these grounds:
It is a 9 point penalty and loss of license for 6 months which is an appropriate penalty for someone who is reckless or endangering the life of children. My son (17) was doing neither. The bus was parked across the street where all of the students were being funneled into the schoolyard at 8:15am. The crossing guard had cleared the intersection because no children were present. My son saw the stop sign on the bus, saw the stop sign at the intersection he was approaching, saw the 3 cars ahead of him proceed through the intersection, and decided to proceed at 5mph to the stop sign at the intersection and stop there. He made a rookie mistake on a probationary license that did not endanger children and was not a reckless act worth the harsh penalty. Would the judge listen and dismiss the ticket? Is dismissal even a thing?
The bus had it's stop sign out, and your son didn't stop appropriately. That's really all that matters. The prosecution and/or Justice/Judge CAN chose to dismiss the ticket, but it's not very likely that they will. You MAY be able to bargain down to a less significant charge which doesn't have a suspension attached, but that would depend on the prosecutor. That's your best hope, I believe.

C
Sr. Member
Apr 24, 2013
553 posts
277 upvotes
Toronto
I got my disclosure in an email PDF for an upcoming court case, and there is a checkmark beside the 'video exists', that mentions yes, but I do not see the video anywhere.

Can I request it? how to do so?
I got Fido $15/month plan.
Sr. Member
Apr 24, 2013
553 posts
277 upvotes
Toronto
I got my disclosure in an email PDF for an upcoming court case, and there is a checkmark beside the 'video exists', that mentions yes, but I do not see the video anywhere.

Can I request it? how to do so?
I got Fido $15/month plan.
Newbie
User avatar
Oct 7, 2018
8 posts
1 upvote
New Brunswick
MelissaC6751 wrote:
Oct 11th, 2018 3:15 pm
I am in Quebec, in a small town with its own police force and court. My son got a ticket for passing a school bus with its stop sign out. Is it possible to ask for the ticket to be dismissed? Or can you only plead guilty or not guilty? I would like for it to be dismissed based on these grounds:
It is a 9 point penalty and loss of license for 6 months which is an appropriate penalty for someone who is reckless or endangering the life of children. My son (17) was doing neither. The bus was parked across the street where all of the students were being funneled into the schoolyard at 8:15am. The crossing guard had cleared the intersection because no children were present. My son saw the stop sign on the bus, saw the stop sign at the intersection he was approaching, saw the 3 cars ahead of him proceed through the intersection, and decided to proceed at 5mph to the stop sign at the intersection and stop there. He made a rookie mistake on a probationary license that did not endanger children and was not a reckless act worth the harsh penalty. Would the judge listen and dismiss the ticket? Is dismissal even a thing?
Melissa can you have your son draw a sketch and take a pic of it so I can better understand the location of the bus, the school, the intersection ect. Might be able to help, you can pm me the sketch or post it. thanks tj
Sr. Member
Apr 24, 2013
553 posts
277 upvotes
Toronto
john5170 wrote:
Oct 11th, 2018 6:17 pm
I got my disclosure in an email PDF for an upcoming court case, and there is a checkmark beside the 'video exists', that mentions yes, but I do not see the video anywhere.

Can I request it? how to do so?
Here is some more details and exactly what that line states:
INDICATE BELOW IF ICC FOOTAGE EXISTS. ONCE A TRIAL DATE IS SET, A COPY WILL BE ORDERED BY COURTS UPON REQUEST
In Car Camera Footage: [Yes]
In Car Camera Footage of Offence Captured: [Yes]
What does this mean?
I got Fido $15/month plan.
Deal Fanatic
User avatar
Mar 23, 2008
7433 posts
4304 upvotes
Edmonton
MelissaC6751 wrote:
Oct 11th, 2018 10:17 pm
Yes, I will have that up by tomorrow. Thanks!
If the stop sign is out, you can’t go past the bus in either direction. In fact, you have to leave 5m space. It doesn’t matter if there’s kids or not. The only exception is if there’s a median between you and the bus.

But maybe a pic will clarify something.

C
Newbie
User avatar
Oct 7, 2018
8 posts
1 upvote
New Brunswick
john5170 wrote:
Oct 11th, 2018 6:03 pm
I got my disclosure in an email PDF for an upcoming court case, and there is a checkmark beside the 'video exists', that mentions yes, but I do not see the video anywhere.

Can I request it? how to do so?
you can ask the court office for a copy, how soon is the trial? If they don't copy video they will let you view it by making arrangements to do so.
Newbie
Oct 10, 2018
3 posts
1 upvote
What is the risk of contesting the ticket? Based on the law, he is guilty. I can only hope for a technicality. What is the risk of trying for that?
I received a copy of the ticket because he was under 18. It included a "complement de constat d'infraction" because the officer corrected the address where the offence took place. Both the original ticket and this extra page were in French which we neither read nor speak. Am I allowed to ask for the officer's notes to be typed in English? Or is that part of the disclosure?
Also, is the police officer the prosecutor or is that a separate person?
Newbie
User avatar
Oct 7, 2018
8 posts
1 upvote
New Brunswick
john5170 wrote:
Oct 11th, 2018 9:54 pm
Here is some more details and exactly what that line states:



What does this mean? Just read your second post, it means once you have a trial date you can get a copy of the video by requesting it to the court. If after watching the video and you decide to change your mind and plea guilty, you can do that.
Newbie
User avatar
Oct 7, 2018
8 posts
1 upvote
New Brunswick
colourmg wrote:
Oct 11th, 2018 3:03 pm
Hi Accrecon, I've pm'd you. Thanks.
I sent the info for you via pm, did you receive it?
Deal Fanatic
User avatar
Mar 23, 2008
7433 posts
4304 upvotes
Edmonton
MelissaC6751 wrote:
Oct 12th, 2018 10:08 am
What is the risk of contesting the ticket? Based on the law, he is guilty. I can only hope for a technicality. What is the risk of trying for that?
I received a copy of the ticket because he was under 18. It included a "complement de constat d'infraction" because the officer corrected the address where the offence took place. Both the original ticket and this extra page were in French which we neither read nor speak. Am I allowed to ask for the officer's notes to be typed in English? Or is that part of the disclosure?
Also, is the police officer the prosecutor or is that a separate person?
There should be no risk to contesting the ticket; it can't get any worse.

As far as disclosure in English, I'm not sure what's required in Quebec. It wouldn't surprise me if they can refuse to provide the notes in English. All you can do is ask on that, as well.

And the prosecutor is a different person than the police officer. The prosecutor is the lawyer who will present the case to the Justice of the Peace to try to get you convicted. The police officer will just be a witness providing testimony.

C
Newbie
Sep 20, 2010
4 posts
1 upvote
toronto
Accrecon wrote:
Oct 12th, 2018 10:09 am
I sent the info for you via pm, did you receive it?
Just saw it! Thanks so much for the info.
Deal Addict
May 24, 2005
1632 posts
261 upvotes
Ajax
i was clocked at 83 in a 60 zone, on middlefield in scarborough, received 2 tickets, one speeding and the other "DRIVE MOTOR VEHICLE, NO CURRENTLY VALIDATED PERMIT", which i think was issued wrong possibly due to officer's lack of knowledge / experience.. below was scenario:

i was pulled over for speeding and asked for driver's license, ownership and insurance, i gave the officer my license first, then insurance and lastly what i believed the copy of ownership (this is my father's car), the papers are quite old there are actually 2 copies, the officer read one and says it expired, and then i gave another one which he said expired too. officer was speaking politely that he's sure that i have ownership, just not the current one... then he made me wait for long time and came back, still with 2 tickets.. he explained my options and mentioned if bring the valid ownership to prosecutor they might withdraw it, he also said my sticker at the back is good.. wth???

at the time when i was demanded ownership and told expired, my brain wasn't working... after i got home i realized we don't get a plate portion of the ownership with new expiry date ever since the very first time, the ownership paper does not expire (its expiry date was only referencing the original purchase), a valid sticker with expiry date+ownership should be sufficient when demanded, or am i wrong?

if i was correct, proving the officer's mistake, would it add any advantage in defending the main speeding ticket? thanks in advance

trivia: 3 cars were caught at duration of my pull over(2 after and pulled over in front of me), those cops are really aggressive
Newbie
Apr 7, 2018
5 posts
Hello ShrekTek and everyone,

here's a link to my original post with some suggestions from you, for reference:
http://forums.redflagdeals.com/ask-me-a ... #p29183174


I finally got my trial date which is Nov 20th, 2018. I had asked for and was sent Disclosure data a while back but it had only written notes of the constable and nothing else:
My Friends is ok to be my witness but is in US for a family medical emergency and will be there for a few months. So I don't have a witness, at least for the current Trial date!!!

Constables notes say that my speed was 110 km/h but I remember because we saw the police cars, we slowed down and that is when
this discussion started between me and my friends in the car about the slowing down and not being able to move over into the other lane and eventually, the constable stopping us.

Any suggestions on what should be the next steps?

Thanks a lot!

here are the disclosure notes ( did my best to accurately type it from written notes ):
STAKLER II #As00####
WHILE PARKED BEHIND AND STAGGERED to P/C [Other constable's name] Cruiser W/ LTS ACTVD(en6)
BOTH EMG LTS ACTVD, on LEFT SIDE SHOULDER, ASSISTING W/ TRFC STOP.

Observed m/v Blk SUV, Lane 1 of 2 from Behind in mirror,
observed m/v Pass by Still in Lane 1 of 2. ACTVD RADAR in AWAY MODE,
OBS Speed 110 Km/h. only other m/v close to (5) m/v @ time was T/T AHEAD
Approx 50m Lane 2 of 2, Safe for (5) m/v to move into other lane. Sight n/l.
AVTVD Emg LTS, TRFC STOP @nn 5/6 E/B, (m) DRVR ID'D W/ VALID ON Photo D/L,
DRVR R.O coop. Emg LTS initially visible approx 700 meters.
ROAD - Flat Dry, Paved, Straight
W/X - (+) cool, no precip
M/F

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