Automotive

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

Deal Fanatic
User avatar
Mar 23, 2008
9749 posts
6138 upvotes
Edmonton
EEE2 wrote:
Jan 7th, 2019 6:33 am
I would also like to be able to defend my self. If I could somehow learn some tips, tricks, etc.
Which is more important to you? Learning to defend yourself in court, or keeping your job?

C
Deal Addict
Jan 31, 2007
2979 posts
492 upvotes
CNeufeld wrote:
Jan 7th, 2019 8:35 am
Which is more important to you? Learning to defend yourself in court, or keeping your job?

C
Both are important sir, but at the end of day most paralegals dont care --they just want to get paid. I have seen this over and over again. Thats why I need to go to trial prepared and also have the paralegal with me.
Deal Fanatic
Jun 26, 2007
5925 posts
1388 upvotes
???
EEE2 wrote:
Jan 7th, 2019 8:40 am
Both are important sir, but at the end of day most paralegals dont care --they just want to get paid. I have seen this over and over again. Thats why I need to go to trial prepared and also have the paralegal with me.
Paralegal is there to represent you. It’s either you hire a representative or do it yourself. You should clearly tell your paralegal what outcome you wish to seek and it’s their job to try to obtain that resolution. If you want a good referral, pm me and I’ll send you their way.
Newbie
Jan 6, 2019
2 posts
I went to court for a trial date for speeding. The officer wasn't there and the charge was dismissed. The crown said the officer was sick and he just found out that day. The judge didn't buy it and dismissed. Now the crown is appealing.
The thing is, the officer was off work for 6 weeks (roughly 3 weeks before the court and 3 weeks after). I have evidence to this effect.
The prosecutor is still going ahead with the appeal under the argument he was sick that day, and he just found out.
what do I do?
Deal Fanatic
Jun 26, 2007
5925 posts
1388 upvotes
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Kevbo1 wrote:
Jan 7th, 2019 11:26 am
I went to court for a trial date for speeding. The officer wasn't there and the charge was dismissed. The crown said the officer was sick and he just found out that day. The judge didn't buy it and dismissed. Now the crown is appealing.
The thing is, the officer was off work for 6 weeks (roughly 3 weeks before the court and 3 weeks after). I have evidence to this effect.
The prosecutor is still going ahead with the appeal under the argument he was sick that day, and he just found out.
what do I do?
How fast were you going?
Deal Fanatic
User avatar
Mar 23, 2008
9749 posts
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Edmonton
Kevbo1 wrote:
Jan 7th, 2019 11:26 am
I went to court for a trial date for speeding. The officer wasn't there and the charge was dismissed. The crown said the officer was sick and he just found out that day. The judge didn't buy it and dismissed. Now the crown is appealing.
The thing is, the officer was off work for 6 weeks (roughly 3 weeks before the court and 3 weeks after). I have evidence to this effect.
The prosecutor is still going ahead with the appeal under the argument he was sick that day, and he just found out.
what do I do?
Wait for your appeal, then argue your case. Present your evidence, and hope the JP or judge buys it. If you really do have evidence the officer was off work for 3 weeks before the trial, that should hopefully be enough to convince the JP that the prosecutor should have asked for the case to be rescheduled properly.

C
Newbie
Jan 6, 2019
2 posts
31 over. The aggravating factor that makes them so eager to pursue is that I filled a complaint against the police.
Newbie
Jul 16, 2016
5 posts
Hi there. I received a disobey stop sign back in August in Hamilton. My trial date is in 2 weeks. I have asked for my disclosure and have not received anything.
I contacted xcopper as I am nervous with this approaching court date. I would like a lesser charge/no points or better yet hoping no cop shows up in court.
I feel as though I am being pressured to hire him saying there is a lot of work to do with my file. When I told him best case scenario cop won’t show up, he said that rarely ever happens anymore and likely will be there.

I don’t know what to do. Can I fight this on my own? Not having a disclosure worries me. I don’t know what to say or do when I get there.

Help!
Deal Fanatic
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Mar 23, 2008
9749 posts
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Edmonton
DInglert wrote:
Jan 8th, 2019 11:13 am
Hi there. I received a disobey stop sign back in August in Hamilton. My trial date is in 2 weeks. I have asked for my disclosure and have not received anything.
I contacted xcopper as I am nervous with this approaching court date. I would like a lesser charge/no points or better yet hoping no cop shows up in court.
I feel as though I am being pressured to hire him saying there is a lot of work to do with my file. When I told him best case scenario cop won’t show up, he said that rarely ever happens anymore and likely will be there.

I don’t know what to do. Can I fight this on my own? Not having a disclosure worries me. I don’t know what to say or do when I get there.

Help!
If you requested and haven't received disclosure, there's not too much to say to the JP aside from "I requested and haven't received disclosure." You can request a stay based on that, but it's not likely to happen. You'll likely be either given disclosure at the trial (in which case you can say that you need more time to review it), or you'll get another trial date and it will be made available to you.

As far as negotiating it down, you can do anything the paralegal can do. Go to the prosecutor, tell them that you're a wonderful driver and this was a one-time thing that you've learned your lesson, and please cut you some slack. See what kind of deal you can get. Note that it doesn't really matter too much what conviction you get as far as insurance goes; except for the really big ones (careless driving, DUI, distracted driving), one is the same as any other.

With regards to the cop... That's a crap shoot. When you're negotiating with the prosecutor, you may not know that the cop will be there or not. You'll have to decide whether you want to roll the dice on the cop showing. The prosecutor doesn't have to tell you.

If you have a chance, you could sit in one day at court, just to see the process.

C
Newbie
Apr 1, 2013
59 posts
2 upvotes
Toronto
A friend of mine got a red light offense via camera and booked an early resolution meet. I explained to him that he is better off just paying it as there will be no demerit points that way.
The question is, now that he already booked an early resolution meeting is it too late? Will he already have demerit points even if he pays since now he has connected his name/info to it?
Or if he pays it now he'll be fine?
TIA.
Deal Fanatic
User avatar
Mar 23, 2008
9749 posts
6138 upvotes
Edmonton
krouri wrote:
Jan 8th, 2019 11:28 am
A friend of mine got a red light offense via camera and booked an early resolution meet. I explained to him that he is better off just paying it as there will be no demerit points that way.
The question is, now that he already booked an early resolution meeting is it too late? Will he already have demerit points even if he pays since now he has connected his name/info to it?
Or if he pays it now he'll be fine?
TIA.
The only place I remember reading it’s a risk is in BC, and you have to “nominate” the driver responsible and the other driver has to accept. I could be wrong, though.

He should be fine attending the meeting, and can hopefully negotiate a reduction there. Failing that, he should just be able to pay the fine and move on. Until there’s an actual trial, the risk should be minimal.

C
Member
Sep 18, 2009
239 posts
73 upvotes
Brampton
CNeufeld wrote:
Jan 4th, 2019 10:05 pm
Did they not give you a phone number or anything to call?

If the paperwork never made it through to the prosecutor, it MAY mean you’re off the hook for this ticket entirely. But you’ll have to get in touch with someone to find out.

C
Nyl wrote:
Jan 5th, 2019 5:37 am
There is a number, but not for the prosecutor. I'll call the Provincial Offences Office on monday.
Alright, I was able to call them up today, I was told that because the ticket was not handed in that the charges were not filed. Right now I am not on the hook for the ticket or paying for it.

The officer has up to six months to file the ticket, so I'm not completely free.
Newbie
Nov 27, 2018
4 posts
Hello,

I have an upcoming pre-trial hearing for "left turn - failure to afford reasonable opportunity to avoid collision." My understanding is that this
comes with an $85 fine and 2 or 3 demerit points, but there seems to be conflicting info on the government website.

TL;DR: I made a left turn that I thought was safe given the driver's speed, place on the road relative to me, and right signal, but she ended up going straight, accelerating quite a bit, and nailing me.

I have a few questions about this hearing I have tomorrow.

1. How will a ticket affect my insurance? I'm at fault on the accident report, so for insurance purposes, I think am already screwed regardless of the ticket. But I would have to imagine having the ticket will make it even worse.
2. My plan going in is to try to negotiate down to a non-moving charge (if possible), and have the penalty just be a fine with no points. Not sure how possible this is, as I had never been so much as pulled over prior to this accident. Is this a good idea, or should I take it to court?
3. If I take it to court, how would I get it dismissed? There was one witness, the officer, and the other driver. Do all three have to show up for me to have a case? How likely do you think this is?
4. Any other advice with the pre-trial? What my approach should be, what to ask for, etc?

If you need any further details, I'd be happy to clarify.

Thanks!
Deal Fanatic
User avatar
Mar 23, 2008
9749 posts
6138 upvotes
Edmonton
You should try to get disclosure so you know what evidence the prosecution will present against you. That should include the witness and other driver statements. You may or may not get that in advance of the pre-trial meeting, though.

In terms of your questions:
1) You can have a ticket without and accident, and an accident without a ticket; the two aren't tied together. So yes, getting a conviction on top of the accident will make things worse.
2) Unless the prosecution has no case against you, the odds are slim that you can negotiate it down to a non-moving charge. If that's the case, you might as well fight it and get it thrown out entirely.
3) The prosecution can only put someone on the stand if they're there, obviously. So if you and the witness show up, but the other driver doesn't, and both of you testify that the other driver's signal light was on and they went straight, you have a good chance. If the other driver shows up and the witness doesn't (or doesn't testify in your favor), then it becomes a he said/she said, and you'll probably lose. The cop was merely a note-taker after the fact. so is not particularly influential in this case.

In your pre-trial, you'll want to go over what evidence they have and what options you have. Ideally, you'd walk out of there with the charge thrown out once the prosecutor reviews the case and figures they don't have enough to take to trial.

C
Newbie
Nov 27, 2018
4 posts
CNeufeld wrote:
Jan 9th, 2019 11:31 am
You should try to get disclosure so you know what evidence the prosecution will present against you. That should include the witness and other driver statements. You may or may not get that in advance of the pre-trial meeting, though.

In terms of your questions:
1) You can have a ticket without and accident, and an accident without a ticket; the two aren't tied together. So yes, getting a conviction on top of the accident will make things worse.
2) Unless the prosecution has no case against you, the odds are slim that you can negotiate it down to a non-moving charge. If that's the case, you might as well fight it and get it thrown out entirely.
3) The prosecution can only put someone on the stand if they're there, obviously. So if you and the witness show up, but the other driver doesn't, and both of you testify that the other driver's signal light was on and they went straight, you have a good chance. If the other driver shows up and the witness doesn't (or doesn't testify in your favor), then it becomes a he said/she said, and you'll probably lose. The cop was merely a note-taker after the fact. so is not particularly influential in this case.

In your pre-trial, you'll want to go over what evidence they have and what options you have. Ideally, you'd walk out of there with the charge thrown out once the prosecutor reviews the case and figures they don't have enough to take to trial.

C
Thanks, I appreciate it. So definitely sounds like I should take it to court if I can't get it dismissed at the pre-trial.

Regarding the "witness," the problem is, I do not even know which driver it is. The officer barely spoke to me. I gave my account of what happened in around 20 - 30 seconds. Then I went to the car of a family member who came to the scene and we waited for the officer to come back. It was freezing cold and raining. My car was totaled. The officer then spent probably 15 minutes doing who knows what, it looked like he was talking to the other driver. I think the "witness" is this lady who was waiting at a red light at the adjacent road. She came out of her car to see if we were okay and she's the one who called the police, so I think it's her. But if she was just waiting there at a red light, I don't know what she even saw.

The other driver actually admitted to me that she did have her right turn signal on once we got out of our cars, but said she "changed her mind." I don't really know if she changed her story with the officer, because we were separated when she gave her account of what happened, but that is what she told me. I do believe she was honest with the cop, because when he returned to issue the ticket, he told me "it doesn't matter if she had her signal on, it's the responsibility of the person turning left to make sure it's safe to go."

There is also a traffic surveillance cam at that intersection, so is it possible to somehow get that footage from that date and time to see if it captured anything?

Let me know what you think.

Thanks, really appreciate the help!

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