Automotive

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

Jr. Member
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Oct 2, 2016
197 posts
25 upvotes
john5170 wrote:
Nov 29th, 2018 11:01 pm
One is not having an insurance card on me. Second is failing to yield.
Hi John,

The Fail To Surrender Insurance Card offence would carry no demerit points, but would result in a record of conviction that could bump your insurance rates 3-5% from previous clients' feedback; your insurance broker could help with more specific feedback. The fail to yield charge is likely a 2 or 3 demerit point offence. If there were serious injuries involved, you may want to contact a paralegal's office to discuss the matter in more detail as these cases may be better suited to trial in proactively mitigating a later civil action.
OTD Ticket Defenders Legal Services. The content of this message is not meant to be legal advice.
Jr. Member
User avatar
Oct 2, 2016
197 posts
25 upvotes
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!
Coolo9,

The court does provide an interpreter at no cost to the defence. The court may provide an interpreter that it deems is sufficiently close to the language requested. However, if your intention is to try and game the system by requesting an obscure-language interpreter at the court's expense, you may find yourself in more serious legal issues that your current charge(s). Your English here is certainly very proficient. The court is a court of law for both prosecution and defence.
OTD Ticket Defenders Legal Services. The content of this message is not meant to be legal advice.
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Oct 13, 2014
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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
You can search relevant case law, by province here:

https://www.canlii.org/en/
“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'"
Deal Addict
Oct 13, 2014
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Just Moved To Somewh…
G0DKING wrote:
Nov 30th, 2018 4:29 pm
I tried with several keywords but couldn't find anything; figured you guys might know better
Cannot help more than that, keywords and reading all decisions that come up is a long process.
“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'"
Newbie
Nov 29, 2018
3 posts
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.
Newbie
Nov 29, 2018
0 posts
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
Newbie
Nov 29, 2018
1 posts
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!
Last edited by Smoochiewallace on Nov 30th, 2018 9:52 pm, edited 1 time in total.
Sr. Member
Apr 24, 2013
554 posts
277 upvotes
Toronto
vaportech wrote:
Nov 30th, 2018 1:49 am
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.
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?
OTDLegal wrote:
Nov 30th, 2018 1:57 pm
would result in a record of conviction that could bump your insurance rates 3-5% from previous clients' feedback;
I thought only demerit points bump insurance. How would they even find out? Does it go on my driving record?
I got Fido $15/month plan.
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Mar 23, 2008
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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.
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Mar 23, 2008
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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
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Jun 26, 2007
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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?

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