Automotive

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

Deal Fanatic
Jun 26, 2007
5923 posts
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Nyl wrote:
Jan 8th, 2019 8:21 pm
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.
Officer has 7 days to file. If not filed within that period then it becomes invalid.

Filing of certificate of offence
4 A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons. 2009, c. 33, Sched. 4, s. 1 (4); 2017, c. 34, Sched. 35, s. 24.
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Mar 23, 2008
9739 posts
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Edmonton
PrfS84030 wrote:
Jan 9th, 2019 11:52 am
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!
It's up to the prosecutor to prove you violated the law. In your case, that is:
Left turn, across path of approaching vehicle
(5) No driver or operator of a vehicle in an intersection shall turn left across the path of a vehicle approaching from the opposite direction unless he or she has afforded a reasonable opportunity to the driver or operator of the approaching vehicle to avoid a collision. R.S.O. 1990, c. H.8, s. 141 (5).
Bold added for emphasis. In your case, if you have witnesses that will testify that that the other person's signal light was on yet they went straight, you should have a shot at getting it dismissed.

Your goal in the pre-trial (and the trial itself) should be a dismissal of charges. Anything less will be a conviction on your record that will impact your insurance just as much as the original charge, so there's no point accepting a deal. Might as well just mail your cheque in now. Basically, you have nothing to lose by going to trial (IMHO) aside from your time.

As far as getting footage goes... You can try, but I'm thinking it's unlikely you'll get it. Depending on how long ago it happened, who owns the cameras, etc, the video may be gone by now. It will be up to you to track that down somehow.

C
Deal Fanatic
Jun 26, 2007
5923 posts
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Kevbo1 wrote:
Jan 7th, 2019 1:48 pm
31 over. The aggravating factor that makes them so eager to pursue is that I filled a complaint against the police.
It’s on the fence based on the speed. Judge may order a retrial or dismiss the appeal. In rare case they may elect to do the trial at that court. It’s an uphill battle when it comes to appeals for the appellant.
Deal Addict
Jan 31, 2007
2978 posts
492 upvotes
vaportech wrote:
Jan 7th, 2019 10:07 am
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.
I got convicted and was told because I provided too much detail during my testimony. Now will this charge stay on my record for 2-3 years?, also does it start from the day I got the ticket or the day I got lost in trial.. how much should I expect insurance to go up by?
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Mar 23, 2008
9739 posts
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Edmonton
EEE2 wrote:
Jan 9th, 2019 1:52 pm
I got convicted and was told because I provided too much detail during my testimony. Now will this charge stay on my record for 2-3 years?, also does it start from the day I got the ticket or the day I got lost in trial.. how much should I expect insurance to go up by?
That sucks. Did they give any feedback on what exactly was "too much"? Was it your testimony in court, or in your statement to the police?

As far as on your record, start here:
https://www.ontariohighwaytrafficact.co ... t4208.html

Seemed to have good information for you Ontarians... There's different types of "records".

ETA:
https://www.theglobeandmail.com/globe-d ... e34793350/

C
Deal Addict
Jan 31, 2007
2978 posts
492 upvotes
CNeufeld wrote:
Jan 9th, 2019 2:09 pm
That sucks. Did they give any feedback on what exactly was "too much"? Was it your testimony in court, or in your statement to the police?

As far as on your record, start here:
https://www.ontariohighwaytrafficact.co ... t4208.html

Seemed to have good information for you Ontarians... There's different types of "records".

ETA:
https://www.theglobeandmail.com/globe-d ... e34793350/

C
They told me I need to answer yes or no and not go into details. Not sure if it matters but when I was testfying the police officer kept on playing on his phone taking pics and looking at them and laughing. I taught they were suppose to be professional.
Deal Fanatic
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Mar 23, 2008
9739 posts
6130 upvotes
Edmonton
EEE2 wrote:
Jan 9th, 2019 3:41 pm
They told me I need to answer yes or no and not go into details. Not sure if it matters but when I was testfying the police officer kept on playing on his phone taking pics and looking at them and laughing. I taught they were suppose to be professional.
Ok... Who is "they"? The ticket fighter you hired? If so, did they tell you that you were going to be testifying, and go over what you were going to be asked (and review what your replies would be)? Did they put the officer on the stand? What kind of questions did they ask you and the officer?

The professionalism of the officer isn't an issue, so it doesn't matter.

C
Member
Jun 15, 2016
211 posts
122 upvotes
Am I legally allowed to post my disclosure on here, what sensitive information should I block out?

I can barely understand the officers notes.
Deal Addict
Jan 31, 2007
2978 posts
492 upvotes
CNeufeld wrote:
Jan 9th, 2019 2:09 pm

That sucks. Did they give any feedback on what exactly was "too much"? Was it your testimony in court, or in your statement to the police?

As far as on your record, start here:
https://www.ontariohighwaytrafficact.co ... t4208.html

Seemed to have good information for you Ontarians... There's different types of "records".

ETA:
https://www.theglobeandmail.com/globe-d ... e34793350/

C
CNeufeld wrote:
Jan 9th, 2019 3:49 pm

Ok... Who is "they"? The ticket fighter you hired? If so, did they tell you that you were going to be testifying, and go over what you were going to be asked (and review what your replies would be)? Did they put the officer on the stand? What kind of questions did they ask you and the officer?

The professionalism of the officer isn't an issue, so it doesn't matter.

C
The person I hired told me that I answered in too much detail. He put the officer on the stand. He didn't really spend much time explaining to me to how testify. But he did say I will need to go on stand.
Deal Fanatic
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Mar 23, 2008
9739 posts
6130 upvotes
Edmonton
EEE2 wrote:
Jan 9th, 2019 5:47 pm
The person I hired told me that I answered in too much detail. He put the officer on the stand. He didn't really spend much time explaining to me to how testify. But he did say I will need to go on stand.
What kind of questions did he ask you and the officer?

C
Deal Addict
Jan 31, 2007
2978 posts
492 upvotes
CNeufeld wrote:
Jan 9th, 2019 5:50 pm
What kind of questions did he ask you and the officer?

C
He questioned the officer: the procecuter questioned me. Asked him to clarify his statement. One of the questions if he was behind my vehicle watching me why didn't he turn on sirens and pull me over instead he came next to me asked me to open my window and to pull into the plaza. Also to clarify how did he see me using my phone if he was watching me from behind for 30 seconds.
Deal Fanatic
Jun 26, 2007
5923 posts
1383 upvotes
???
EEE2 wrote:
Jan 9th, 2019 1:52 pm
I got convicted and was told because I provided too much detail during my testimony. Now will this charge stay on my record for 2-3 years?, also does it start from the day I got the ticket or the day I got lost in trial.. how much should I expect insurance to go up by?
It stays on your record forever, but for purposes of insurance they only consider tickets within 3 years starting from conviction date.
Deal Fanatic
Jun 26, 2007
5923 posts
1383 upvotes
???
Mikenello wrote:
Jan 9th, 2019 4:59 pm
Am I legally allowed to post my disclosure on here, what sensitive information should I block out?

I can barely understand the officers notes.
Yes you can, just block out your personal info.
Deal Addict
Jan 31, 2007
2978 posts
492 upvotes
vaportech wrote:
Jan 9th, 2019 10:59 pm
It stays on your record forever, but for purposes of insurance they only consider tickets within 3 years starting from conviction date.
Does conviction mean, the date they found you guilty in court, or the date the officer issued the ticket?
Sr. Member
Jun 18, 2018
572 posts
276 upvotes
Toronto
EEE2 wrote:
Jan 10th, 2019 8:25 am
Does conviction mean, the date they found you guilty in court, or the date the officer issued the ticket?
The day they found you guilty in court.

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