Automotive

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

[OP]
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Feb 24, 2008
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necroplasm wrote:
May 30th, 2012 7:10 pm
To clarify, when I go in early, and sit down in the court room, are you saying I should be able to see if the cop is present by visually recognizing him?
This was in the middle of winter, and the officer was wearing one of those big puffy feathered hats. I think I could recognize him, but I can't be sure.
Yes, this is the reason why I always suggest people make notes when they get a traffic ticket. This should include a description of the police officer so that you can later identify him before trial starts.
necroplasm wrote:
May 30th, 2012 7:10 pm
Are the officers asked for their name before the plea, or just the defendants?
Police officers are only required to state their name during trial when being questioned on the witness stand.
necroplasm wrote:
May 30th, 2012 7:10 pm
Also in regards to the operators manual, I would be viewing this to see if the officer properly calibrated the device before using it correct? Am I able to request the manual in the disclosure?

Thanks again.
Yes you can request it in disclosure, but don't expect to receive the manual as it would require them to photocopy all pages which might be considered unreasonable.

To appear reasonable you should go see the prosecutor and view the manual yourself and ask that they photocopy the pages you specifically want.

Yes the reason to request to see the manual is to verify that the cop tested/ calibrated as per the operators manual suggestions.

Also take a look at maintenance records. If the maintenance records show that it has rarely been maintained, you can argue that the radar maybe defective. If it shows that it needed maintenance fairly often, you could still argue that it maybe defective.

When arguing Reasonable Doubt, you want to cast doubt on all evidence in any way you can.

Djino
"Good luck"
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Sep 23, 2008
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Scarborough
I just received the letter from the court today and was convicted..was fined $121 and ahve until June 24th to pay it...should I jsut take the letter in and have the case re-open...

How do I go about 11b and what are my chances of having this reopened?


Thanks djino
djino wrote:
May 26th, 2012 10:04 am
Once you have received notification of your conviction by default, you can return to the court (with the notice) and ask the Justice to reopen your case on the grounds that you were not notified of the change in location of your trial (since you were there at the location as mentioned during your first trial)

This trial seriously needs to be 11b. Even if you were able to make it to your trial yesterday, 2 years after the fact is WAY TO EXTREME! (even if it was partially your fault)

djino
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May 9, 2006
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Hi djino,

Bad day for me. Got a speeding ticket in north Richmond Hill (Bathrust / Tower Hill) - 96KM/H in 60KM/H construction zone. I didn't really pay much attention as this zone is originally 80KM/H. It changed to 60KM/H due to constuction.

It seems like a major conviction, should I hire ticket fighter in this case?

Thanks in advance.
Sr. Member
Aug 29, 2006
506 posts
6 upvotes
London
Hi Djino (or anyone that can answer this)

Is it OK if I select option 3 and mail it in? As long as I mail it in before 15 days (and keep proof of delivery of course), it's ok right? or Is it better to show up in person and select option 3?

Thanks
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Sep 23, 2008
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Scarborough
I am quite certain that you personally have to go in. There is yellow form that needs to be filled out.
rekearb wrote:
May 31st, 2012 12:32 am
Hi Djino (or anyone that can answer this)

Is it OK if I select option 3 and mail it in? As long as I mail it in before 15 days (and keep proof of delivery of course), it's ok right? or Is it better to show up in person and select option 3?

Thanks
[OP]
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Feb 24, 2008
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ninety5teg wrote:
May 30th, 2012 11:04 pm
I just received the letter from the court today and was convicted..was fined $121 and ahve until June 24th to pay it...should I jsut take the letter in and have the case re-open...
Yes, explain what occurred when you went to court. The Justice may even just drop the charges then and there (instead of setting another trial date).
ninety5teg wrote:
May 30th, 2012 11:04 pm
How do I go about 11b and what are my chances of having this reopened?
You have a great chance on getting the charges dropped. If they set a new trial date, just follow the formal process to request a stay (at least 15 days before trial) as I outline in Post #3 .


djino
"Goodluck, let me know what happens concerning the reopening of your case"
[OP]
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umlowcn wrote:
May 30th, 2012 11:18 pm
Hi djino,

Bad day for me. Got a speeding ticket in north Richmond Hill (Bathrust / Tower Hill) - 96KM/H in 60KM/H construction zone. I didn't really pay much attention as this zone is originally 80KM/H. It changed to 60KM/H due to constuction.

It seems like a major conviction, should I hire ticket fighter in this case?

Thanks in advance.

No, you should not hire a ticket fighter (See Post #7 for my reasons for not hiring a ticket fighter )

For the time being, Just request a trial and wait for your notice of trial to arrive. Then Request Disclosure as I outline in the OP. When disclosure arrives, you can come back here and we'll discuss.

djino
"Goodluck!"
[OP]
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rekearb wrote:
May 31st, 2012 12:32 am
Hi Djino (or anyone that can answer this)

Is it OK if I select option 3 and mail it in? As long as I mail it in before 15 days (and keep proof of delivery of course), it's ok right? or Is it better to show up in person and select option 3?

Thanks

If the ticket itself allows you to mail it in (The request for trial), then there is no need to show up in person. Just select the Request a Trial option and mail it, that's it, that's all! :)

Lately though, I've been hearing that some municipalities are removing the mail in option and are requesting that people go in person to request a trial. This is the reason why you should make sure your ticket allows for the mail in option.


djino
"Goodluck!"
[OP]
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ninety5teg wrote:
May 31st, 2012 12:59 am
I am quite certain that you personally have to go in. There is yellow form that needs to be filled out.

It depends on what the ticket allows for. Some cities still allow the mail in request for trial.


djino
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May 9, 2006
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djino wrote:
May 31st, 2012 8:25 am
It depends on what the ticket allows for. Some cities still allow the mail in request for trial.


djino

The Newmarket court stated TRIAL OPTION - DO NOT MAIL. I have to go in person :(
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May 9, 2006
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djino wrote:
May 31st, 2012 8:22 am
No, you should not hire a ticket fighter (See Post #7 for my reasons for not hiring a ticket fighter )

For the time being, Just request a trial and wait for your notice of trial to arrive. Then Request Disclosure as I outline in the OP. When disclosure arrives, you can come back here and we'll discuss.

djino
"Goodluck!"

Thanks for your reply djino.

What is your view on the Option 2: Early Resolution - Meet with Prosecutor (by choosing this option you do not forego the right to the trial)?
[OP]
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umlowcn wrote:
May 31st, 2012 11:33 am
Thanks for your reply djino.

What is your view on the Option 2: Early Resolution - Meet with Prosecutor (by choosing this option you do not forego the right to the trial)?

See Post #107
I will explain the options, BUT I STILL SUGGEST YOU CHOOSE OPTION 3.

1) Plea Guilty

- Yes, this means exactly what it says. You are guilty, and thus are accepting the penalty which is to pay the fine and move on

2) Early Resolution (Meet with the prosecutor).

- Usually called "First Attendance". This is NOT a Trial. For the moment, you are pleading not guilty, but are requesting a meeting with the prosecutor to see what type of deal he can give you (a reduced fine, or a reduced charge) in exchange for your Plead of Guilty (so that you can perhaps avoid trial). During this meeting the prosecutor will say anything and everything to convince you to accept his plea deal. You may feel very intimated/nervous.
- You still have the option to not accept this deal which means you are proceeding to trial.
- My advice is to NOT choose this option. Even if you plan to accept a plea, the Prosecutor will always offer you a deal just before your trial begins, so there is no point in having this meeting.
- No, when it comes to this meeting as well as the trial, this is always handed out to you. You cannot request a date, though if you have a good reason for not being able to make it, then you can request a change in date.

3) Trial

- THIS IS THE OPTION YOU SHOULD CHOOSE FOR NOW. YES , CHECK IT NOW. Don't even think about it any longer. This will be your best option. Yup, no need for discussion.
- Nope, you cannot book your trial date. This is always given to you. But if you have a VERY GOOD reason, you can motion for a change in date.

--------------------

So yes, just follow the steps I have outlined in Post #1. Request a Trial. Wait a few weeks for your Notice of Trial to come in the mail which will indicate your trial date, location, and the prosecutor's contact info.

From there you Request Disclosure. Once you have received disclosure, come back to this thread!!
djino
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umlowcn wrote:
May 31st, 2012 11:29 am
The Newmarket court stated TRIAL OPTION - DO NOT MAIL. I had to go in person :(

:(
[OP]
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LoveRFD wrote:
May 19th, 2012 9:08 am
Thanks DJINO. This thread is very helpful. I have a trial coming up in June and I didn't request for the disclosure(didn't know about this). I did request an interpreter as English is not my first language. I was charged for 20 over the speed limit. I guess I'll just hope either the officer and the interpreter won't show up.
Now I'm not sure when in June your Trial is, but lets hope its sometime MID to the end of June (ie, you have at least 3 weeks or more). This is what you should do.....

Tuesday morning (May 22nd) fax in your request for disclosure. Sample Form

The following Monday morning (May 28th). You should file an application to STAY your trial based on no disclosure (I know, you have given them only a week to respond which of course is not reasonable). Please follow post #3 and #4 in this thread for the application to use. You can fax it in as per method 2 - the friendly fax.

------

Now on the day of your trial. You should tell the prosecutor that you plan to plead not guilty. He will offer you a deal to plead guilty (do not accept it - especially if the police officer and/or interpreter is NOT there). The prosecutor then will drop all charges for the people who have plead not guilty for which the police officer is not present (The Prosecutor may drop your charges here if he received your application for a stay, but this is unlikely since he may know that you requested it very late). Justice will then deal with all the guilty pleas. Justice/Prosecutor will then poll the court asking if anyone else plans to plead guilty (you still should not say anything). Then one at a time, she will call each of the remaining non-guilty pleas for their trial.

When it is your turn. The Justice will say "LoveRFD, how do you wish to plea. This is the point where you tell the Justice that you wish to make a motion to stay your trial as you have not received disclosure.

The prosecutor will argue that your disclosure request came too late in which the Justice will agree. But the likely result of this is that your trial will be Adjourned (postponed) so that you can get your disclosure request fulfilled. <--- This is the result you want.

This will mean that the police officer & interpreter will have to show up at your next trial (which most likely will NOT happen). This will also allow you to to have your charges dropped if you still don't receive disclosure or the disclosure material is lacking info.

----------

I only suggest going through the above if you DO NOT have a defense to your charge and plan on accepting a plea. As this will give you 4 reasons for your charges to be dropped (1, the interpreter doesn't show up at first trial. 2, the cop doesn't show up at your first trial. 3, the interpreter doesn't show up at your second trial. 4, the cop doesn't show up at your second trial).

..and a possible 5th is if your disclosure request is not fulfilled...

djino
"Goodluck!"

Did you happen to Request Disclosure and Submit your STAY application??
Newbie
Jul 23, 2011
22 posts
2 upvotes
Ottawa
Hi
Today I got a parking ticket for unauthorized parking at a Bank property at Orleans east of Ottawa. Next week I have a meeting with the bank personnel who can cancel this ticket, otherwise I have to pay the ticket or go to court. What I can do if the bank personnel will refuse to cancel the ticket. Do I go to the court or pay the fine. Will it effect my care insurance. This ticket is issued by a private company hired by the bank. It is $55 ticket. Thanks for your cooperation.

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