Automotive

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

Deal Fanatic
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Mar 23, 2008
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Edmonton
bow1234 wrote:
Dec 3rd, 2018 8:13 pm
he was turning right. So there is no way to fight the ticket?
It will be his word against the officer’s word. Unless he can discredit the officer, guess who will win?

C
Deal Fanatic
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Feb 11, 2007
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Oakville
bow1234 wrote:
Dec 3rd, 2018 8:13 pm
he was turning right. So there is no way to fight the ticket?
Why would you fight something you are guilty of? That's unethical and a judge should charge you extra for wasting the court's time.
Sr. Member
Jan 19, 2008
978 posts
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Etobicoke
engineered wrote:
Dec 3rd, 2018 9:39 pm
Why would you fight something you are guilty of? That's unethical and a judge should charge you extra for wasting the court's time.
Right on
Deal Fanatic
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Mar 23, 2008
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Edmonton
john5170 wrote:
Dec 4th, 2018 12:47 pm
This is from the Ontario Highway Traffic Act:



I have been charged with the above for failing to yield to oncoming traffic, however, the intersection DID have a traffic light. So "Exception to subs. (1)" condition does apply to me. The police wrote the wrong fine.

Does this mean I should mention it before the court? or will they simply re-write the fine in court?
Without seeing what you were actually charged with or seeing the officer's disclosure or even knowing what YOU say happened, I'd say your best bet is to shut up about it before the trial. And then question the officer to get him to identify that the exception conditions had occurred, and therefore you did not break the law you were charged with. If you identify it in advance (or even if you don't, and someone realizes it), they can amend the ticket, I believe.

C
Jr. Member
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Oct 2, 2016
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john5170 wrote:
Nov 30th, 2018 8:50 pm
I thought only demerit points bump insurance. How would they even find out? Does it go on my driving record?
The most accurate way to respond to that would be to say that demerit points can be *correlated* to risk assessment, but it isn't always a 1-to-1 correlation. Your insurance broker would be your best and most accurate source of information.
OTD Ticket Defenders Legal Services. The content of this message is not meant to be legal advice.
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Oct 2, 2016
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AmAnK70725 wrote:
Dec 1st, 2018 9:18 pm
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?
Careless Driving offences are serious offences. They carry 6 demerit points and court penalties will depend on whether you were charged with a ticket or summons. A conviction for Careless Driving will generally result in being placed on high risk insurance. If you have a G1 or G2 licence by offence date, a conviction will also result in the MTO applying escalated sanctions penalties (a mandatory suspension or revocation of your licence). For smaller offences a self-represented defendant won't do themselves too much harm by running a poor defence. In this case, you may wish to seek out a paralegal to at least review your case in detail with them and have them review your offence notice with you; most paralegal offices will do this without charging you.

It certainly appears from what you have described that the offence does not match with what happened. However, until you or your legal representative have received and reviewed the disclosure no one could say with any certainty.
OTD Ticket Defenders Legal Services. The content of this message is not meant to be legal advice.
Jr. Member
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Oct 2, 2016
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test9251 wrote:
Dec 2nd, 2018 3:03 pm
guys im trying to pay online for speeding ticket, its been 3 days since i got this, but in the website it says "Offence number XXXXXX is not yet in the system."

should I wait for few more days? i have 15 days only though
There are generally delays from the date that you receive an offence notice from the police until it is in the court database to be paid. The officer will first have to file the matter with the court, and then a court clerk will have to key it into their system.
OTD Ticket Defenders Legal Services. The content of this message is not meant to be legal advice.
Jr. Member
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Oct 2, 2016
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bow1234 wrote:
Dec 3rd, 2018 7:36 pm
My dad got a disobey sign ticket (no right turn before 7 am to 9am) earlier this year. So he requested a disclosure for note and video. However, he only got the officer's notes. The disclosure document stated that there is No ICCS video. Does anyone here has any idea how to fight this ticket? Should we tell the prosecutor/crown that there is not enough evidence? I also notice that there is no sign prohibit from turning left. Should we hire a ticket fighter? Thank You :)
It is very uncommon for most Ontario disclosures to include any video evidence. Generally a disclosure package will include the officer's notes, any witness statements, and potentially your full driving history. if your father was charged under HTA s.182(2), the offence would carry 2 demerit points if convicted.
OTD Ticket Defenders Legal Services. The content of this message is not meant to be legal advice.
Jr. Member
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Oct 2, 2016
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engineered wrote:
Dec 3rd, 2018 9:39 pm
Why would you fight something you are guilty of? That's unethical and a judge should charge you extra for wasting the court's time.
That not generally how the court works.

Everyone is allowed to contest charges issued against them at court. Simply because a police officer has issued a charge against a defendant doesn't mean that they should cease protecting themselves at court. Police make errors constantly and it is not uncommon to see police either providing incorrect information to defendant's at roadside or issuing incorrect or inappropriate charges. On a weekly basis I speak to at least one defendant who says, "The police officer told me that..." where that information is incorrect. A recent case that comes to mind is a defendant who was told by the officer that their Careless Driving ticket carried no demerit points and that they should just go pay it. If they had, they'd have had their G2 licence suspended by the MTO and they would have gone onto high risk insurance. Another recent matter was a young man (also with a Careless Driving offence) who said, "I know I'm guilty of Careless Driving. I'm just going to pay it because I know I'm guilty." Generally most Careless Driving cases either get thrown out at court or get reduced to a minor offence.

It is not a waste of court time for a defendant to contest an offence at court. That's what the justice system is there for.
OTD Ticket Defenders Legal Services. The content of this message is not meant to be legal advice.
Deal Fanatic
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Feb 11, 2007
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Oakville
OTDLegal wrote:
Dec 5th, 2018 11:09 am
That not generally how the court works.

Everyone is allowed to contest charges issued against them at court. Simply because a police officer has issued a charge against a defendant doesn't mean that they should cease protecting themselves at court. Police make errors constantly and it is not uncommon to see police either providing incorrect information to defendant's at roadside or issuing incorrect or inappropriate charges. On a weekly basis I speak to at least one defendant who says, "The police officer told me that..." where that information is incorrect. A recent case that comes to mind is a defendant who was told by the officer that their Careless Driving ticket carried no demerit points and that they should just go pay it. If they had, they'd have had their G2 licence suspended by the MTO and they would have gone onto high risk insurance. Another recent matter was a young man (also with a Careless Driving offence) who said, "I know I'm guilty of Careless Driving. I'm just going to pay it because I know I'm guilty." Generally most Careless Driving cases either get thrown out at court or get reduced to a minor offence.

It is not a waste of court time for a defendant to contest an offence at court. That's what the justice system is there for.
I don't disagree, but as the OP admitted to the offence, I only commented on my personal opinion, not the actual rules.
Newbie
Dec 4, 2018
3 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
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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
3 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?
Deal Fanatic
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Mar 23, 2008
7480 posts
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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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