Automotive

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

Deal Fanatic
Jun 26, 2007
5943 posts
1417 upvotes
???
Smoochiewallace wrote: I requested a list of 10 items, including officers notes regarding infraction, officers c of q on equipment, log for that day, basic info on infraction previous to mine that morning.

I do have a passenger witness - I believe my alleged speed was simply referenced by a slow-moving truck that I passed. I drove approx 1500kms that day on cruise control. Officers own words when pulling me over were ‘you were going about 140 there...’. I was hoping to see officers notes on the infraction but looks like I will not be receiving them/they don’t exist.

Any tips on how to proceed?
Problem is speeding is an absolute liability offence. That means the crown only needs to prove you did it. There’s not many legal defences against absolute liability offences. So yes if you did do it then, it is what it is. You’re on the right track, discrediting the test procedure is a good way to fight speeding tickets.
Newbie
Aug 11, 2006
48 posts
18 upvotes
CNeufeld wrote: My thoughts? If you don't break the law, you shouldn't have many problems. :) And be grateful there's no insurance impact.

As far as fighting one goes, you can probably just negotiate it down to a more reasonable amount. At least, out west here you can. You can black out the identifying parts of the ticket and post it in here if you want someone else to take a look at it, but they're reviewed by a law enforcement person before getting sent out, so not sure how much you can do on it.
Well, i am just a bit annoyed because the car in question is almost gone from the second picture while there are 3 other cars still in the intersection completing the left turn.
Newbie
Dec 28, 2018
6 posts
Hi,

Today I received 2 tickets I was delivering for skipthedishes and was coming down an off ramp from the highway at 100km/h. I didn't slow down after coming down from the off ramp as the road was straight. As soon as I came down 1 min later a cop pulled me over and got ticketed for 99 rather than being clocked at 103.

1.) Careless Driving (HTA) (130)(1)
$490 payable

2.) Speeding at 99 on a 50 zone(HTA) (128)
$359 payable.

I am student cannot afford to pay that much and takeup these many demerit points and to go through getting my license suspended.
Pls help I was given the standard printed out ticket, with the 3 options... plead guilty, deal with procecutor or go to trail. On both tickets.

What option shld I choose?
If I go to trail and the cop doesn't come do I get the case dismissed?
If I go to trail will I have a chance to ask for a later date if the cop comes and I want a paralegal?
Could I ask for my disclosure on the date of the trail or do I ask it when I go to court to file for trial?

I do have one prior conviction 4 months ago, fail to yeild to pedestrian.
I am 19.
Please help I have only 15 days....
Deal Addict
Jan 31, 2007
3203 posts
584 upvotes
Can anyone please help me with fighting a handheld device ticket in peel region. Please pm me. I hired a paralegal but he doesn't seem to help me. I have my the trail date set. If anyone can help me out I would be ever so greatful.

I was driving delivering food for dash. My phone is mounted on dash using magenet mount. I got a sms from dash customer while being stopped at the light. I touched the phone with one hand and replied. I drive a standard car if this helps. The officer came behind me. I saw him. He then came next to me asked to open my window and ask me to pull over in the Starbucks parking lot. Where he claimed I was using the phone while driving. He also claims he was watching me for over 30 seconds. The light at this intersection only last 20 seconds. Its impssible for me to drive while using my phone using both hands or even one hand. I need one hand to shift and other on steering wheel.

I also have the disclosure from the courts.
Deal Guru
User avatar
Mar 23, 2008
10140 posts
6442 upvotes
Edmonton
saleh99hashmi673 wrote: Hi,

Today I received 2 tickets I was delivering for skipthedishes and was coming down an off ramp from the highway at 100km/h. I didn't slow down after coming down from the off ramp as the road was straight. As soon as I came down 1 min later a cop pulled me over and got ticketed for 99 rather than being clocked at 103.

1.) Careless Driving (HTA) (130)(1)
$490 payable

2.) Speeding at 99 on a 50 zone(HTA) (128)
$359 payable.

I am student cannot afford to pay that much and takeup these many demerit points and to go through getting my license suspended.
Pls help I was given the standard printed out ticket, with the 3 options... plead guilty, deal with procecutor or go to trail. On both tickets.

What option shld I choose?
If I go to trail and the cop doesn't come do I get the case dismissed?
If I go to trail will I have a chance to ask for a later date if the cop comes and I want a paralegal?
Could I ask for my disclosure on the date of the trail or do I ask it when I go to court to file for trial?

I do have one prior conviction 4 months ago, fail to yeild to pedestrian.
I am 19.
Please help I have only 15 days....
First, it’s “trial”, not “trail”.

Second, there’s two options that are very similar. One offers you a pre-trial conference with the prosecutor. Up to you what you want to do. In your case, you have two very significant charges against you, so you may want to talk to the prosecutor first to see where you stand.

Third, was your speeding ticket marked as reduced?

Fourth, request a trial, request disclosure, and go from there. Until you get an idea of what the officer will testify to, nobody can help you too much.

Oh. And slow down. If you can’t pay the fine, don’t do the crime.

C
Deal Guru
User avatar
Mar 23, 2008
10140 posts
6442 upvotes
Edmonton
EEE2 wrote: Can anyone please help me with fighting a handheld device ticket in peel region. Please pm me. I hired a paralegal but he doesn't seem to help me. I have my the trail date set. If anyone can help me out I would be ever so greatful.

I was driving delivering food for dash. My phone is mounted on dash using magenet mount. I got a sms from dash customer while being stopped at the light. I touched the phone with one hand and replied. I drive a standard car if this helps. The officer came behind me. I saw him. He then came next to me asked to open my window and ask me to pull over in the Starbucks parking lot. Where he claimed I was using the phone while driving. He also claims he was watching me for over 30 seconds. The light at this intersection only last 20 seconds. Its impssible for me to drive while using my phone using both hands or even one hand. I need one hand to shift and other on steering wheel.

I also have the disclosure from the courts.
It doesn’t really matter, but how did you “reply”? As soon as you touched your device to do more than turn it on or off, you broke the law. The fact that you were stopped doesn’t help, the standard transmission doesn’t help, the 20 second light doesn’t help.

C
Newbie
Dec 28, 2018
6 posts
CNeufeld wrote: First, it’s “trial”, not “trail”.

Second, there’s two options that are very similar. One offers you a pre-trial conference with the prosecutor. Up to you what you want to do. In your case, you have two very significant charges against you, so you may want to talk to the prosecutor first to see where you stand.

Third, was your speeding ticket marked as reduced?

Fourth, request a trial, request disclosure, and go from there. Until you get an idea of what the officer will testify to, nobody can help you too much.

Oh. And slow down. If you can’t pay the fine, don’t do the crime.

C
It doesn't really say anything about being reduced ... so you are saying that I should go to trial?
Also is there any possibilities that I can delay my charge so I can get my G license so I my license doesn't get suspended? My date will be after next 3 months.
And also if I go Early Resolution? Can I still go to trial after that?
And I wasnt planning on speeding I just wasn't aware of the area.... I was working as a delivery driver. And I didn't notice the speed. And you know how it is u make ur living by reaching there on time.
Deal Fanatic
Jun 26, 2007
5943 posts
1417 upvotes
???
saleh99hashmi673 wrote: It doesn't really say anything about being reduced ... so you are saying that I should go to trial?
Also is there any possibilities that I can delay my charge so I can get my G license so I my license doesn't get suspended? My date will be after next 3 months.
And also if I go Early Resolution? Can I still go to trial after that?
And I wasnt planning on speeding I just wasn't aware of the area.... I was working as a delivery driver. And I didn't notice the speed. And you know how it is u make ur living by reaching there on time.
Since both your charges are pretty signinificant I would suggest you hire a paralegal to represent you. The penalities for those charges does not kick in until conviction. If you request a trial, the trial date will most likely be much later than 3 months which will be enough time for you to get a G license. Only upon the date of conviction does the penalities apply. That means the date you were found guilty. If you pay the fines, the date you pay is the date of the conviction, if you set up an early resolution, the date you agree to the plea is the date of your conviction, same with the trial. Generally a trial date will take at least 5 months in the GTA to be set.

Due to your charges, the superior court of Ontario, which is a higher court then Ontario court of justice (where your speeding ticket and careless ticket will be first heard) have said that The justice of the peace can adjourn the trial if the officer does not show if there is an excess amount of speed. So you do not automatically win if the officer does not show.

Again I would suggest you talk to a paralegal as these charges will have signinificant impact to your license.
Deal Guru
User avatar
Mar 23, 2008
10140 posts
6442 upvotes
Edmonton
saleh99hashmi673 wrote: It doesn't really say anything about being reduced ... so you are saying that I should go to trial?
Also is there any possibilities that I can delay my charge so I can get my G license so I my license doesn't get suspended? My date will be after next 3 months.
And also if I go Early Resolution? Can I still go to trial after that?
And I wasnt planning on speeding I just wasn't aware of the area.... I was working as a delivery driver. And I didn't notice the speed. And you know how it is u make ur living by reaching there on time.
You have two options. Plead guilty and pay the fine, or go to trial. You say you can’t afford the fines, so your only option is to go to trial. It might very well be a waste of time, but it’s your only option other than pleading guilty.

As far as dates... you probably won’t get a trial date for a year or so. So assuming you don’t get a summons delivered to you, get your full license ASAP. Personally, I’m not sure how the timing will work since you had a restricted license at the time of the infraction. You could be in for a much larger world of hurt than you originally portrayed; the fines and suspension will be overshadowed by the insurance increase.

If you do an early resolution meeting and don’t work out a deal, then the next step is trial. And the risk of having a ticket flagged as reduced is because the prosecutor can have the ticket amended to the full amount, which in your case would be a 50+ over ticket, which would be really bad (again).

C
Deal Addict
Jan 31, 2007
3203 posts
584 upvotes
saleh99hashmi673 wrote: Hi,

Today I received 2 tickets I was delivering for skipthedishes and was coming down an off ramp from the highway at 100km/h. I didn't slow down after coming down from the off ramp as the road was straight. As soon as I came down 1 min later a cop pulled me over and got ticketed for 99 rather than being clocked at 103.

1.) Careless Driving (HTA) (130)(1)
$490 payable

2.) Speeding at 99 on a 50 zone(HTA) (128)
$359 payable.

I am student cannot afford to pay that much and takeup these many demerit points and to go through getting my license suspended.
Pls help I was given the standard printed out ticket, with the 3 options... plead guilty, deal with procecutor or go to trail. On both tickets.

What option shld I choose?
If I go to trail and the cop doesn't come do I get the case dismissed?
If I go to trail will I have a chance to ask for a later date if the cop comes and I want a paralegal?
Could I ask for my disclosure on the date of the trail or do I ask it when I go to court to file for trial?

I do have one prior conviction 4 months ago, fail to yeild to pedestrian.
I am 19.
Please help I have only 15 days....
CNeufeld wrote: It doesn’t really matter, but how did you “reply”? As soon as you touched your device to do more than turn it on or off, you broke the law. The fact that you were stopped doesn’t help, the standard transmission doesn’t help, the 20 second light doesn’t help.

C
The phone was mounted. The fact the cop wasn't being honest, can't that do any good in court?

What options do I have now?
Deal Guru
User avatar
Mar 23, 2008
10140 posts
6442 upvotes
Edmonton
EEE2 wrote: The phone was mounted. The fact the cop wasn't being honest, can't that do any good in court?

What options do I have now?
It doesn’t matter that the phone was mounted. You’re not allowed to interact with it. The point to the mounting is so you can use it as a dumb speaker phone, not so it’s easy to read and reply to texts with one hand instead of 2.

You can try to discredit the cop, but I suspect that won’t go very far. You’d be basing your case on the difference between a 20 second light and a 30 second light, and that information isn’t even relevant to the case. It’s not like you’re demonstrating the cop gave you a ticket based on a 50km/h zone instead of the actual 60km/h zone, you know?

C
Deal Addict
Jan 31, 2007
3203 posts
584 upvotes
CNeufeld wrote: It doesn’t matter that the phone was mounted. You’re not allowed to interact with it. The point to the mounting is so you can use it as a dumb speaker phone, not so it’s easy to read and reply to texts with one hand instead of 2.

You can try to discredit the cop, but I suspect that won’t go very far. You’d be basing your case on the difference between a 20 second light and a 30 second light, and that information isn’t even relevant to the case. It’s not like you’re demonstrating the cop gave you a ticket based on a 50km/h zone instead of the actual 60km/h zone, you know?

C
I see people using phones while driving every single day. In this case I was perfectly honest. I press the dman speak button on the phone and used voice to reply. I was told and ready on internet it's legal to use. As a gps or hands free device. So you are allowed to press once to send a command. Not be constantly using it or holding in your hand.
Deal Guru
User avatar
Mar 23, 2008
10140 posts
6442 upvotes
Edmonton
EEE2 wrote: I see people using phones while driving every single day. In this case I was perfectly honest. I press the dman speak button on the phone and used voice to reply. I was told and ready on internet it's legal to use. As a gps or hands free device. So you are allowed to press once to send a command. Not be constantly using it or holding in your hand.
That's why I asked you how you replied, and you didn't respond to that.

Basically, you'll have to discredit the officer's testimony that you were using your phone in an unacceptable manner. Get familiar with what's allowed and not allowed, and try to get the officer to testify that he never really saw you doing anything other than turning it on/speaker phone button. Then summarize your case to the JP that the prosecution hasn't produced any evidence that you did anything illegal.

C
Deal Addict
Dec 9, 2014
1546 posts
579 upvotes
I received two tickets back to back and plead not guilty to both, sending both requests for trial in the same envelope
I later received two separate envelopes/letters giving me a trial date; each mention both ticket numbers and have 100% the exact same information except for one saying "June" and the other "July" ─ date, time, court room, date letter was made, tickets mentioned, everything else is the exact same
How can I use this to my advantage
Deal Guru
User avatar
Mar 23, 2008
10140 posts
6442 upvotes
Edmonton
G0DKING wrote: I received two tickets back to back and plead not guilty to both, sending both requests for trial in the same envelope
I later received two separate envelopes/letters giving me a trial date; each mention both ticket numbers and have 100% the exact same information except for one saying "June" and the other "July" ─ date, time, court room, date letter was made, tickets mentioned, everything else is the exact same
How can I use this to my advantage
You seem to be mistaking the justice system for Uber... Nobody in the justice system is concerned about getting a 5 star rating, so your “advantage” isn’t going to happen. Best you can do is try to remove your inconvenience by calling the number that’s probably been provided to you and reschedule them for the same date.

C

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