Automotive

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

Deal Fanatic
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Mar 23, 2008
9749 posts
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Edmonton
NayanP34979 wrote:
Nov 30th, 2018 5:45 pm
Hi there,

i have question regarding my parking ticket. as it was the day baby girl was born, i was in rush and park at the street parking it is always free after 5:30pm in winnipeg in city center and but somehow i return saw a parking ticket because it was disability parking spot only one sign on pole was there. i didnt realize in rush. when i saw ticket today and was going to fight i noticed that number is slightly different than mine. My number plate is personalized and the space between word has a - (eg xxx-yyy) but in actual on ticket it is missing (xxxyyy). should i be worried or leave it. it only has my make model of car nothing else has been on ticket.

please advise.
Does Winnipeg have a facility to look up parking tickets by plate? If they do, I’d just keep checking that. If it doesn’t show up attached to your plate, you should be ok. If it does show up on your plate, you can figure out a plan B.

C
Newbie
Nov 29, 2018
3 posts
Can you give any idea how would i be able to figure out they can look by number plate? I think they should because as per law if somebody doesnt they send final notice to their home and all info is not there on ticket. Only there is number plate and make. But in my case they have put xxxyyy how would be they able to get all info because actual number plate is xxx-yyy
Newbie
Nov 29, 2018
1 posts
Hi there,

I have some questions regarding my ticket.

In July when I was driving on the highway, I decided to pull over and answer a phone call. After that, I was about to drive back to my lane. I did proper safety check and signalled. I did see a truck driving towards me from far behind, but I assumed it was safe for me to drive back, because it was distant. Then I did so. But the truck soon was right behind me and started to beep at me. I speeded up and nothing happened. Soon after that, I saw a police car chasing me from the mirror. It was flashing, but the siren was not activated. The truck driver called the police and claimed I was driving aggressively. As this was the first time I saw a police car chasing me, I hesitated for a few seconds and then decided to stop at the shoulder of the highway. The policeman came to me and yelled at me, "Hey, I've chased you for two kilometres. Are you trying to run away"? I explained and told him this was the first time I saw a police car. This was true, because I got my driver license ten days ago in Manitoba. Then the policeman asked me if there is no police car in Manitoba. Later we discussed the details about the case between me and the truck driver. Then the policeman decided to give me a ticket on failing to stop at nearest edge of roadway for emergency vehicle (Ontario Highway Traffic Act 159(1)(b)), which meant he did not give me any ticket on the truck case. He said I should stop immediately after seeing a police car. But the thing is, when I noticed the car, I thought for just a little while, i.e. four to five seconds, and then slowed down to pull over.

So my concerns are as follows.

#1 According to Manitoba legislation (Manitoba Highway Traffic Act 132), passenger cars should stop for the emergency vehicle when its siren is sounding and light is flashing. In my case, the siren was not activated. As a Manitoba resident, was it a problem not being aware of the Ontario legislation?
#2 When driving in the highway, literally "an immediate stop " for the emergency vehicle is not possible. It should take several seconds. Was it too late to pull over?
#3 The policeman had discrimination against me, when he saw my temporary paper driving license and he was yelling at me loudly. He himself realized the problem and said sorry that day. Should I say this in the trial?
#4 The policeman said he chased me for two kilometres, but I didn't believe it was true. I've requested for video disclosure but the prosecutor said there was no video existed. Would the judge believe me or the policeman's remarks? I have my witnesses, i.e., my passengers that day.
#5 Was I charged with the correct crime? Was Ontario Highway Traffic Act 159(1)(b) applicable in my case?

By the way, I received the typed disclosure on 28th November, but the trial date would be on 6th December, which is close and means I didn't have enough time to ask for a stay.

Could you please kindly help me on my case and give me some tips on how to better defend myself in the trial.

Thank you very much for your time and your help is greatly appreciated.

@djino
@OTDLegal
@CNeufeld
Last edited by benssen on Dec 5th, 2018 11:34 am, edited 5 times in total.
Deal Fanatic
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Mar 23, 2008
9749 posts
6138 upvotes
Edmonton
NayanP34979 wrote:
Nov 30th, 2018 9:34 pm
Can you give any idea how would i be able to figure out they can look by number plate? I think they should because as per law if somebody doesnt they send final notice to their home and all info is not there on ticket. Only there is number plate and make. But in my case they have put xxxyyy how would be they able to get all info because actual number plate is xxx-yyy
5 seconds to Google “Winnipeg parking ticket” turns up:
https://wpaebusiness.winnipeg.ca/eBusin ... unt/Portal

C
Deal Fanatic
Jun 26, 2007
5925 posts
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???
G0DKING wrote:
Nov 30th, 2018 2:54 pm
@rcmpvet @vaportech @OTDLegal @CNeufeld
Question for you pros, answer as best you can

What does the law and case law say in regards to speeding offences where the speed limit sign was on the far side of a multi-laned highway from the vehicle
What’s your charge?
Deal Fanatic
Jun 26, 2007
5925 posts
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MH64783 wrote:
Nov 30th, 2018 6:25 pm
Went court ply no guilty , ask for disclosure officers says front of judge don’t have video disclosure, only written statements, now judge offer me another date for tastfy,
My question is if office don’t have videos , is this written story acceptable, or what I do next, ticket for disobeying stop sign, but I stopped
Video evidence is supplementary. The court only needs to rely on the officers testimony for evidence. What does your disclosure package say? You need to post it and redact your personal info and addresses.
Deal Fanatic
Jun 26, 2007
5925 posts
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Smoochiewallace wrote:
Nov 30th, 2018 8:21 pm
Joined just so I can post on this thread. Appreciate any and all advice on a speeding ticket that’s become a pain.

Got the ticket in August in Napanee. Office pulled me over after I passed a double-trailer which was doing 90, no radar claimed, and started with the statement ‘you were going about 140’, and ended with me getting a ticket for exactly 140kmh. I had passengers, one who’s car I was driving and can attest to cruise control speed; not sure if this means anything legally. I got a letter for ‘Early Resolution’, which I attended. I’ve attended one in Burlington In the past which was actually a back and forth conversation with a prosecutor, and was fair - this one however in ‘county of Lennox and addington’ was a very different show. Approximately 100 people lined up, all having received a 1pm time in the notice.

Upon my turn I entered, confirmed my name - and was given an immediate option of 129 over and 3 points. There was also an OPP officer present, with the prosecutor. I asked if I could explain anything, response was ‘too busy, that can be in court’. Then proceeded to go to a second room with a justice present, and the conversations would best be described as a roast of each person. Most had accepted guilty to reduced fines and were just made fun of by the justice prior to paying. I was the first to have a court date - it was verbally said ‘come back here on March xxth, thank you’ and I was dismissed.

On my way out I filled out a physical form for disclosure and left with the lady at the desk who accepted it.

What are my best next steps - I’m unsure if I will even receive a notice to appear, let alone the disclosure...

Thanks everyone!
Once you get your disclosure then post it with personal details redacted. Hard to see what your situation was or look at a defence if you don’t know what the crown willl use against you. The officer does not need to disclose at time what speed measurement device was used.
Deal Fanatic
Jun 26, 2007
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john5170 wrote:
Nov 30th, 2018 8:50 pm
So if I understand correct, I plea guilty only if I accept the plea bargain, correct?

And in the case you noted above (drop insurance card charge + accept fail to yield with no demerit points), will my insurance rise?


I thought only demerit points bump insurance. How would they even find out? Does it go on my driving record?
Any convictions will appear on your driver abstract and insurance companies will use that towards accessing your risk profile which in turn determines your premiums.
Deal Addict
Dec 9, 2014
1470 posts
527 upvotes
G0DKING wrote:
Nov 30th, 2018 2:54 pm
@rcmpvet @vaportech @OTDLegal @CNeufeld
Question for you pros, answer as best you can

What does the law and case law say in regards to speeding offences where the speed limit sign was on the far side of a multi-laned highway from the vehicle
Another question for you boys
Is it better, if no or partial disclosure has been provided, to move for a stay before entering a not guilty plea at the first attendance, thereby raising constitutional issue and thus moving it out of traffic court and into provincial? court off the bat, or to plea not guilty at the first attendance and then aim for the delays/stay afterwards

The goal would be to get a stay either due to lack of disclosure or the trial taking longer than 18 months
Deal Fanatic
Jun 26, 2007
5925 posts
1388 upvotes
???
G0DKING wrote:
Nov 30th, 2018 11:53 pm
Another question for you boys
Is it better, if no or partial disclosure has been provided, to move for a stay before entering a not guilty plea at the first attendance, thereby raising constitutional issue and thus moving it out of traffic court and into provincial? court off the bat, or to plea not guilty at the first attendance and then aim for the delays/stay afterwards

The goal would be to get a stay either due to lack of disclosure or the trial taking longer than 18 months
Traffic court is provincial offences court.

For stays you’ll need to do your part in requesting disclosure. You also can’t ask for irrelevant things for the purposes of delaying the trial.

Since speeding is an absolute liability offence the crown only needs to prove that you exceeded the speed limit.

The ceiling for stays for provincial offences matters is 13-15 months, as per Ontario Court of Appeal decision.
Deal Addict
Dec 9, 2014
1470 posts
527 upvotes
vaportech wrote:
Dec 1st, 2018 12:52 am
Traffic court is provincial offences court.

For stays you’ll need to do your part in requesting disclosure. You also can’t ask for irrelevant things for the purposes of delaying the trial.

Since speeding is an absolute liability offence the crown only needs to prove that you exceeded the speed limit.

The ceiling for stays for provincial offences matters is 13-15 months, as per Ontario Court of Appeal decision.
Not sure if constitutional challenges are heard in provincial or federal court but I know when they're raised in traffic court they move it to a different court
Assume I did my due diligence (in requesting disclosure, filing the forms, etc.), my question is whether it best serves my interests of getting a stay to plead not guilty before raising a constitutional challenge or not ─ or does it not make a difference at all
Sr. Member
Apr 24, 2013
579 posts
288 upvotes
Toronto
vaportech wrote:
Nov 30th, 2018 11:09 pm
Any convictions will appear on your driver abstract and insurance companies will use that towards accessing your risk profile which in turn determines your premiums.
I didn't know that. Thanks.

So if I understand correct, I plea guilty only if I accept the plea bargain, correct?
I got Fido and Public Mobile. [removed solicitation] ????
Deal Fanatic
Jun 26, 2007
5925 posts
1388 upvotes
???
john5170 wrote:
Dec 1st, 2018 6:07 pm
I didn't know that. Thanks.

So if I understand correct, I plea guilty only if I accept the plea bargain, correct?
Yes
Sr. Member
Apr 24, 2013
579 posts
288 upvotes
Toronto
vaportech wrote:
Dec 1st, 2018 8:00 pm
Yes
And the plea bargain will most likely not waive the tickets/points to the level where it won't affect my insurance... correct?
I got Fido and Public Mobile. [removed solicitation] ????

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