Automotive

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

Newbie
Dec 4, 2018
4 posts
1 upvote
Winnipeg
An officer gave me a ticket for speeding in a school zone and after he gave me that one he tacked on another for having my cell phone mounted to my windshield (obstruction apparently). I have pleaded not guilty and have a court date set for January. I believe that he pulled me over because he was on his computer at a left turning intersection, distracted by his computer and with green turning arrow he didn't turn. I was a couple cars back and honked. After the turn he basically tailed me for a few blocks and it was very intimidating as I could tell he was undercover. I made a right turn into a school zone and he immediately turned on his lights. Anyway, I just received his notes of the incident and he states that I was going Northbound on a street that we weren't even on. Also the street that he says we were going northboud on is a one way southbound only street. In addition, the incorrect street he referenced doesn't even intersect with street he pulled me over on.
Do I have a defense here?
Deal Fanatic
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Mar 23, 2008
9740 posts
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Edmonton
CJT2671 wrote:
Dec 5th, 2018 9:47 pm
An officer gave me a ticket for speeding in a school zone and after he gave me that one he tacked on another for having my cell phone mounted to my windshield (obstruction apparently). I have pleaded not guilty and have a court date set for January. I believe that he pulled me over because he was on his computer at a left turning intersection, distracted by his computer and with green turning arrow he didn't turn. I was a couple cars back and honked. After the turn he basically tailed me for a few blocks and it was very intimidating as I could tell he was undercover. I made a right turn into a school zone and he immediately turned on his lights. Anyway, I just received his notes of the incident and he states that I was going Northbound on a street that we weren't even on. Also the street that he says we were going northboud on is a one way southbound only street. In addition, the incorrect street he referenced doesn't even intersect with street he pulled me over on.
Do I have a defense here?
You can try to use all that to discredit the officer’s testimony, but I don’t know how much it will help you. None of it relates to discrediting his testimony on how fast you were going.

C
Newbie
Dec 4, 2018
4 posts
1 upvote
Winnipeg
He charged me under HTA95-1(speeding) which states it is subject to HTA98-1-5 (relating to school zones). If HTA95 is subject to HTA98, shouldn't the charge be under HTA98?
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Mar 23, 2008
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Edmonton
CJT2671 wrote:
Dec 6th, 2018 12:30 pm
He charged me under HTA95-1(speeding) which states it is subject to HTA98-1-5 (relating to school zones). If HTA95 is subject to HTA98, shouldn't the charge be under HTA98?
First off, you should post a location. By default, the assumption seems to be people are in Ontario, but section 95-1 of Ontario’s HTA doesn’t relate to speeding. So are you in Manitoba? Or where?

C
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Mar 23, 2008
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Edmonton
CJT2671 wrote:
Dec 6th, 2018 1:08 pm
I am in Manitoba
Section 95(1) states:
Speed limit in particular cases
95(1) Subject to subsections 98(1) to (5) and section 98.1, no person shall drive a vehicle at a rate of speed greater than
(a) 50 km/h at a place within a restricted speed area if
(i) the area and the maximum permitted speed in it are designated by traffic control devices erected as required by this Act, and
(ii) the place is not a school zone in which the maximum permitted speed is governed by section 98.1;
(b) the maximum permitted speed at a place in a school zone in which the maximum permitted speed is governed by section 98.1;
When I read this, it seems like 95(1)b is the appropriate section for your ticket.

The more confusion you can generate about the officer's testimony, the speed limit he says you exceeded, school zone or not school zone, etc the better. If the JP thinks the officer doesn't remember shit about what happened, his testimony about what speed you were going compared to the allowed speed becomes less credible.

C
Sr. Member
Apr 24, 2013
579 posts
288 upvotes
Toronto
If I choose to go to court and plead not guilty, can the new ticket/charge be worse than the original?
I got Fido and Public Mobile. [removed solicitation] ????
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Jun 26, 2007
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???
john5170 wrote:
Dec 6th, 2018 6:41 pm
If I choose to go to court and plead not guilty, can the new ticket/charge be worse than the original?
Charge remains the same unless they already reduced it roadside. The crown can request to amend the charge back to the original charge, and will have to prove the case. Most common is speeding where say u did 49 over and officer roadside reduced it to 15 over. If you go to court they can bring the charge back up to 49 over.

For the fine, it can go up as high as $2k for part 1 offences. But the crown would have to provide a lot of aggravating factors to hit 2k max.

It would say under the HTA what the maximum fine is for the offence, if it doesn’t then it’s 2k.
Sr. Member
Apr 24, 2013
579 posts
288 upvotes
Toronto
vaportech wrote:
Dec 6th, 2018 7:07 pm
Charge remains the same unless they already reduced it roadside. The crown can request to amend the charge back to the original charge, and will have to prove the case. Most common is speeding where say u did 49 over and officer roadside reduced it to 15 over. If you go to court they can bring the charge back up to 49 over.

For the fine, it can go up as high as $2k for part 1 offences. But the crown would have to provide a lot of aggravating factors to hit 2k max.

It would say under the HTA what the maximum fine is for the offence, if it doesn’t then it’s 2k.
So the "15 over vs 49 over" example, was the "15 over" the plea deal if I plead guilty? or was it the original charge?

Can the prosecutor change the original ticket he wrote for you on the scene to a different more strict charge? how about the fine $s?
I got Fido and Public Mobile. [removed solicitation] ????
Deal Addict
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Oct 23, 2006
4301 posts
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Toronto
https://imgur.com/OrUNRmf

I got ticketed on Sunday the other day on St James Square, one block east of Church on Bloor. 3 cars got ticketed at the same time. My argument is that there is a big bold line between Mon-Fri and Sat-Sun so I assumed it was not part of the "do not turn" message. The person caught behind me thought ANYTIME means can turn anytime on Sat and Sun. To be honest I kind of disagreed in my mind as signs never tell you when you CAN do something. I was just thrown off by the big bold line between the days and only felt that you cannot turn during certain times on Mon-Fri. I've worked downtown for 20 years, and typically see signs that look like this instead (this was a sign on Queen and University):

https://imgur.com/a/eAj3Y2j

As you can see here there is no big bold line between Mon-Fri and Sat so I can assume they are part of the same message. Can anyone who is well versed in traffic signs tell me if I have an argument here? Does this look confusing to you?

Thanks!

EDIT:

I'm going to throw a wrench into this. I went to a ticket specialist and he told me the sign was clear. The line between the Mon-Fri and Sat-Sun is to show that there is a restriction every single day, whereas the second image doesn't have one as technically you can turn any time on Sunday. I didn't buy that response, but if that's the law, then I'll shut up....

Until I saw THIS sign the other day at Yonge and Bloor:

https://imgur.com/a/hp0Zzvg

So.....now I am totally confused!!
Board games!!!!
Deal Addict
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May 22, 2016
2005 posts
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Ontario
Im sooo confused!!!! This is why I hate driving in Toronto!!!! Why are cyclists allowed to turn?
Deal Fanatic
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Apr 6, 2005
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Toronto
I would say they can make the sign text bigger but really just pay it up and own it. When driving in DT pay more close attention to the signs.

To answer your question its clear to me
Heat 43-0-0
Sr. Member
Apr 12, 2008
564 posts
81 upvotes
Toronto
I don' t see how signs like that are any less distracting than texting. And why the turn restriction on such a nothing street as St Paul's Square?

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