Automotive

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

Deal Fanatic
Jun 26, 2007
5637 posts
1109 upvotes
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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
5637 posts
1109 upvotes
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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
5637 posts
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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.
Temp. Banned
Dec 9, 2014
1214 posts
374 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
5637 posts
1109 upvotes
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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.
Temp. Banned
Dec 9, 2014
1214 posts
374 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
554 posts
277 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 $15/month plan.
Deal Fanatic
Jun 26, 2007
5637 posts
1109 upvotes
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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
554 posts
277 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 $15/month plan.
Deal Fanatic
Jun 26, 2007
5637 posts
1109 upvotes
???
john5170 wrote:
Dec 1st, 2018 8:16 pm
And the plea bargain will most likely not waive the tickets/points to the level where it won't affect my insurance... correct?
Points don't matter.

Convictions do.
Sr. Member
Apr 24, 2013
554 posts
277 upvotes
Toronto
vaportech wrote:
Dec 1st, 2018 8:29 pm
Points don't matter.

Convictions do.
Ok thanks. I did not know that. I thought both matter.

So any possible plea deal will remove the convictions? or that never happens...?
I got Fido $15/month plan.
Deal Fanatic
Jun 26, 2007
5637 posts
1109 upvotes
???
john5170 wrote:
Dec 1st, 2018 8:53 pm
Ok thanks. I did not know that. I thought both matter.

So any possible plea deal will remove the convictions? or that never happens...?
No, a conviction is because you plead guilty or paid the ticket.
Newbie
Nov 30, 2018
2 posts
I was charged with careless driving. Here is what happened - A police car had blocked two lanes of the road while the oncoming two lanes were not blocked. I thought it is a diversion so I slowed down, changed my lane to the other side and passed the police vehicle at at speed of 20 kph. As soon as I passed him, he honked and turned his siren on. Came to me and asked me for my license and other documents. I asked him what went wrong and I thought it is a diversion. He answered 'keep thinking' and went back to his car and came back with a ticket for careless driving and a fine of $490. He told me the road is closed due to an accident and I wasn't supposed to pass him. While all this was happening, there were at least 3 other vehicles who did the same thing but he simply asked them to take a u-turn because he was busy charging me. I asked him that why did you let the car behind me go to which he replied I dont know who was behind you. How should I go with this now? I will plead not guilty but I want to know a bit more?
Newbie
Oct 21, 2018
3 posts
OTDLegal wrote:
Nov 30th, 2018 2:05 pm
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.
Thanks for the answer. So, just to clarify. If the language is too rare, the court will automatically find an interpreter that is close to the dialect/language without contacting the defense for any alternative? BTW, I am not the one that is going to the court.

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