Automotive

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

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vaportech wrote:
Nov 28th, 2018 5:36 pm
https://1drv.ms/b/s!AtMpt2Vz4noBgpsNdEwOSrBv09LJiw

Here's another case - Officer went into surgery.
Two things on that case:
1 - Again it is a decision of a Justice of the Peace, it does not have to be relied upon by any other J.P. within the province.
2 - As the actual offence was close to 18 months previous I would venture a guess that this matter was adjourned once before during the initial appearance by the accused to set that trial date.

EDIT - Spelling correction
Last edited by rcmpvet on Nov 29th, 2018 11:20 am, edited 1 time in total.
“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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Jun 15, 2016
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rcmpvet wrote:
Nov 28th, 2018 4:15 pm

That decision has no bearing on how another J.P. may decide, it is just a transcript. For all we know that J.P. may not have even been a lawyer. I gather that the Crown chose not to request a Judicial Review in front of a higher court as the charge may have been minor. I stand by my previous post. FYI, here is what a Senior Judge had to say on another matter that this particular J.P. dealt with by way of a dismissal.

https://www.thestar.com/news/crime/2014 ... judge.html

"A justice of the peace who cleared a man without hearing evidence because he didn’t want to deal with the matter on another day committed a “substantial wrong and a miscarriage of justice,” says a senior judge who reinstated the charge.

While Justice of the Peace Philip Solomon’s decision goes against the law, his actions highlight the tediousness that permeates the lower courts and the frustration with the system’s sluggish pace, say legal experts. One leading lawyer said it’s the type of judicial conduct that could get a justice fired. "
vaportech wrote:
Nov 28th, 2018 5:36 pm

https://1drv.ms/b/s!AtMpt2Vz4noBgpsNdEwOSrBv09LJiw

Here's another case - Officer went into surgery.



https://1drv.ms/b/s!AtMpt2Vz4noBgpsNdEwOSrBv09LJiw

Here's another case - Officer went into surgery.
CNeufeld wrote:
Nov 28th, 2018 3:38 pm
And in that case, there was no reason provided by the prosecution for the officer not to be there.



In the case of @Mikenello, the JP determined that it was in the interests of justice that the case be adjourned. The fact that he was charged with a 44 km/h over the limit may have had something to do with it (as opposed to a 15 over).

Perhaps if @Mikenello had the text of POA 49(3) ready to cite to the judge, he could have argued his way to a dismissal. Which is where having a lawyer or paralegal there to represent you might help.

C
@rcmpvet I don't think the judge was a lawyer if I remember correctly, he made a re market, not 100% sure though.

@CNeufeld I tried to argue a bit that the case should be dismissed, the JP had a second look at the ticket, and saw it was a speeding, he then mentioned something about speeding tickets and something about a higher court being strict in regards to a speeding ticket, I believe that was another reason he may of not dismissed the ticket.

Anyways, whats my situation now? Can I take @vaportech advice and file for the case to reviewed.

Also, can I show up on the date of my next trial and start off by citing the text from POA 49(3) and try to get the new JP to dismiss the case right away based on the situation from my last day in court?

I honestly feel the prosecutor completely lied, she first mentioned the officer had an 'emergency', and then when I questioned her and asked for proof, the JP asked her to at least mention what the emergency was on the record, she didn't even have an answer, she went and walked over to the other policy officers and whispered to them, then came back to the stand...
Last edited by Mikenello on Nov 29th, 2018 10:11 am, edited 1 time in total.
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Nov 27, 2018
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vaportech wrote:
Nov 28th, 2018 6:51 pm
Request a trial, request disclosure, once you get the trial date and disclosure you can review your options or post back with the details then. Until then no one really can help you regarding the traffic ticket. For insurance based on the fault determination rules you’ll be 100% at fault. It’s standard procedure in a collision to separate the parties so statements don’t influence the other party.
Thank you. I have never even been so much as pulled over prior to this. Someone recommended I try to negotiate down to a non-moving violation during my pre-trial and just avoid court. Also to point to the incorrect phone number on the ticket.

As far as getting disclosure, how does this help me and how do I do this?

Also, it's my understanding that at court, both the other driver and the officer have to show up. What do I do if one or both don't show? Am I still allowed to do a plea bargain on my court date, or once I decide to take it to court, that is not an option anymore. Can they try to charge me for a greater penalty?

What I'm really asking here is what way do I mitigate the hit I'm gonna take on insurance next year. I understand that due to the accident report and me making the left turn, I am already screwed in that regard and I accept that. However, I believe the conviction on this traffic charge will further hurt my insurance, and I am trying to either get this ticket reduced as much as possible, or best case scenario, thrown away.
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Mikenello wrote:
Nov 29th, 2018 10:04 am
@rcmpvet I don't think the judge was a lawyer if I remember correctly, he made a re market, not 100% sure though.

@CNeufeld I tried to argue a bit that the case should be dismissed, the JP had a second look at the ticket, and saw it was a speeding, he then mentioned something about speeding tickets and something about a higher court being strict in regards to a speeding ticket, I believe that was another reason he may of not dismissed the ticket.

Anyways, whats my situation now? Can I take @vaportech advice and file for the case to reviewed.

Also, can I show up on the date of my next trial and start off by citing the text from POA 49(3) and try to get the new JP to dismiss the case right away based on the situation from my last day in court?

I honestly feel the prosecutor completely lied, she first mentioned the officer had an 'emergency', and then when I questioned her and asked for proof, the JP asked her to at least mention what the emergency was on the record, she didn't even have an answer, she went and walked over to the other policy officers and whispered to them, then came back to the stand...
You can ask for the review, you can ask for it to be dismissed. You should try to dig into some cases on Canlii if you can, looking for cases that support your arguments. Vaportech has given you a couple to start with.

If nothing else, you should have a much stronger case if you show up for the next trial and the officer doesn't show up.

C
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PrfS84030 wrote:
Nov 29th, 2018 10:09 am
Thank you. I have never even been so much as pulled over prior to this. Someone recommended I try to negotiate down to a non-moving violation during my pre-trial and just avoid court. Also to point to the incorrect phone number on the ticket.

As far as getting disclosure, how does this help me and how do I do this?

Also, it's my understanding that at court, both the other driver and the officer have to show up. What do I do if one or both don't show? Am I still allowed to do a plea bargain on my court date, or once I decide to take it to court, that is not an option anymore. Can they try to charge me for a greater penalty?

What I'm really asking here is what way do I mitigate the hit I'm gonna take on insurance next year. I understand that due to the accident report and me making the left turn, I am already screwed in that regard and I accept that. However, I believe the conviction on this traffic charge will further hurt my insurance, and I am trying to either get this ticket reduced as much as possible, or best case scenario, thrown away.
You can try to negotiate down to a non-moving charge, but the prosecution doesn't have to negotiate at all. You can do that in a meeting before the trial, or the morning of the trial.

The disclosure will tell you what the other witnesses will be testifying about. It will give you an idea of what kind of case you can expect. If one or the other doesn't show up, then their testimony can't be used, which should greatly reduce the case against you. Which may make the prosecution more likely to negotiate or dismiss. They may attempt to reschedule the trial for another day, and then you may have to argue why that shouldn't happen (see the Mikenello thread above).

In this case, they likely can't charge you for anything more significant than the original ticket, so you should be pretty safe there.

C
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Mikenello wrote:
Nov 29th, 2018 10:04 am
@rcmpvet I don't think the judge was a lawyer if I remember correctly, he made a re market, not 100% sure though.

@CNeufeld I tried to argue a bit that the case should be dismissed, the JP had a second look at the ticket, and saw it was a speeding, he then mentioned something about speeding tickets and something about a higher court being strict in regards to a speeding ticket, I believe that was another reason he may of not dismissed the ticket.

Anyways, whats my situation now? Can I take @vaportech advice and file for the case to reviewed.

Also, can I show up on the date of my next trial and start off by citing the text from POA 49(3) and try to get the new JP to dismiss the case right away based on the situation from my last day in court?

I honestly feel the prosecutor completely lied, she first mentioned the officer had an 'emergency', and then when I questioned her and asked for proof, the JP asked her to at least mention what the emergency was on the record, she didn't even have an answer, she went and walked over to the other policy officers and whispered to them, then came back to the stand...
To be clear I do not participate in this thread to provide any defence or guidance, however I do comment to correct erroneous or incomplete information by others.
“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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john5170 wrote:
Nov 29th, 2018 12:12 am
So the negotiations happen on the court day before seeing the judge? The outline I read does not mention that.

And, what is the legal term if I feel like I am partially guilty. It was my fault, but there is a reason why I did what I did (i.e. the sun was in my eyes). Does this fall under pleaing "not guilty"?
That’s called pleading guilty with an explanation. Honestly it’s just the same as pleding guilty. The JP can still reduce your fine but they are not allowed to amend the charge. A plea bargain can still occur on the date of the trial, when you check in with the crown they will offer you a deal or you can request a plea bargain.
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Nov 28, 2018
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I will be going to court to fight a speeding ticket (+30 to 49 km/h) for my Girl Friend. She just lost track of the speedometer when the Cops pulled her over.. any recommended defense strategies? My girlfriend was driving at the time and she is 8 months pregnant, if that helps... Thanks!
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Apr 24, 2013
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vaportech wrote:
Nov 29th, 2018 11:46 am
That’s called pleading guilty with an explanation. Honestly it’s just the same as pleding guilty. The JP can still reduce your fine but they are not allowed to amend the charge. A plea bargain can still occur on the date of the trial, when you check in with the crown they will offer you a deal or you can request a plea bargain.
Are these plea deals ever any good?

The first post says:
You will receive a NOT GUILTY verdict if you're successful in arguing due diligence.
So does this mean I have to plea not guilty? or guilty with an explanation?
I got Fido $15/month plan.
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john5170 wrote:
Nov 29th, 2018 6:06 pm
Are these plea deals ever any good?

The first post says:

So does this mean I have to plea not guilty? or guilty with an explanation?
What is the charge you are being charged with?
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Oct 21, 2018
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Hi, friends, what languages does the court provide for interpretation? Can someone request an interpreter in a certain dialect? What would happen if this language cannot be provided? Thank you!
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Apr 24, 2013
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vaportech wrote:
Nov 29th, 2018 6:18 pm
What is the charge you are being charged with?
One is not having an insurance card on me. Second is failing to yield.
I got Fido $15/month plan.
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coolo9 wrote:
Nov 29th, 2018 10:47 pm
Hi, friends, what languages does the court provide for interpretation? Can someone request an interpreter in a certain dialect? What would happen if this language cannot be provided? Thank you!
Under section 14 of the charter you’re entitled to an interpreter. The attorney generals office provides interpreters of 80 spoken languages. You can make a request for an interpreter for your language and dialect.
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john5170 wrote:
Nov 29th, 2018 11:01 pm
One is not having an insurance card on me. Second is failing to yield.
In my opinion If you go for a plea bargain they will drop the insurance card charge and most likely amend the fail to yield to a charge that carries no demerit points. $110 fine most likely. Best to speak to the crown and see what they need will offer you. Just keep in mind that you will have to plead guilty, and will not be eligible for appeals or further proceedings.
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JasonBrown19 wrote:
Nov 29th, 2018 5:07 pm
I will be going to court to fight a speeding ticket (+30 to 49 km/h) for my Girl Friend. She just lost track of the speedometer when the Cops pulled her over.. any recommended defense strategies? My girlfriend was driving at the time and she is 8 months pregnant, if that helps... Thanks!
Speeding is an absolute liability offence, in terms of defences there’s but a few. I won’t go into them because based on what you’ve said you wouldn’t qualify for those types of defences.

Best to post your disclosure package and redact any personal info or addresses. Would be difficult to see what evidence they have against her. Keep in mind that if you are trying to represent her, the JP may not allow this unless you have specific instructions. They generally won’t allow you to “represent” someone like either a paralegal or lawyer.

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