Automotive

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

Deal Fanatic
User avatar
Mar 23, 2008
9749 posts
6138 upvotes
Edmonton
From an insurance perspective, one minor conviction is the same as another. Your reason for breaking the law won’t appear on your driving record. So if that’s all you’re concerned about, you’re wasting your time.

Now if you’re concerned about a $75 or a $110 fine, then go ahead with your plan. You’ve got nothing to lose but your time. You might be better off trying to work out a deal with the prosecutor before the trial starts, though.

Oh, and there’s a whole thread about traffic tickets. Might want to use that next time, instead of starting your own. There’s a reason the mods have merged them all together (so the forum doesn’t get too cluttered).

C
Jr. Member
Oct 16, 2014
194 posts
15 upvotes
North York, ON
- I forgot to pay my driver's license (DEC 14 2018)
- I received follow-up letter JAN 10 2019, letter was dated DEC 28 2018
- I paid it right away (JAN 10 2019)
- I got pulled over by a cop JAN 11 2019, gave me a ticket instantly and didn't give me a chance to show him a photo of the receipt I paid last night

I should probably plead NOT GUILTY of course, but will they give me a pass/chance to negotiate in OPTION 2?
Deal Fanatic
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Mar 23, 2008
9749 posts
6138 upvotes
Edmonton
buliwyf wrote:
Jan 11th, 2019 12:02 pm
- I forgot to pay my driver's license (DEC 14 2018)
- I received follow-up letter JAN 10 2019, letter was dated DEC 28 2018
- I paid it right away (JAN 10 2019)
- I got pulled over by a cop JAN 11 2019, gave me a ticket instantly and didn't give me a chance to show him a photo of the receipt I paid last night

I should probably plead NOT GUILTY of course, but will they give me a pass/chance to negotiate in OPTION 2?
You'll have an opportunity to show your receipt to the prosecutor during your pre-trial meeting, if you request that. And can then go to court to fight it if they don't drop it. Just an extra step, but it may mean not hanging around the courtroom trying to talk to the prosecutor then.

C
Newbie
Jan 10, 2019
1 posts
This thread has been extremely helpful in becoming more educated on the finer points of the legal process, so I'd just like to offer a big thanks to the contributors who take the time to post.

With the increased penalties attached to distracted driving as of Jan 1st, 2019, I'm wondering which cases these penalties will effect:

https://www.narcity.com/news/ontarios-n ... jan-1-2019

I received a distracted driving ticket in May of 2018 and my trial is set for April 2019. If convicted, will I be subject to the new penalties, despite the fact that these changes were made 7 months after the offense occurred?
Deal Fanatic
Jun 26, 2007
5925 posts
1388 upvotes
???
Mikenello wrote:
Jan 10th, 2019 3:38 pm
As can you can see, there is two sets of notes.

One is from one officer that was standing outside her vehicle on the overpass, the second officer was the one pulling the drivers over.

If you need anything clarified let me know, I may be able to better understand the officers notes.

my court date is in a few days, any help is greatly appreciated!

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Due to the rate of speed, the JP may not automatically withdraw the tickets if either of the officers do not show. They both will be witnesses at the trial. One for the radar speed and the other to identify the driver.

Since speeding is an absolute liability offence it means either you did it or you didn’t and the crown only needs to prove beyond a reasonable doubt that you did.
Newbie
Oct 17, 2018
82 posts
49 upvotes
Hello, I got a conviction notice for a photo radar ticket that I never received. I called and they are sending me a copy. It perhaps got lost in the postal strike as the date was just prior to them halting sending tickets. Would it be worth my time to get it set aside? If I’ll likely only get the late fee back it’s not worth my time. What are the chances of getting it reduced or waived completely? If go to the court house, how busy will it be? Any better time to go? I’m in Calgary. Thank you.
Member
Jun 15, 2016
212 posts
122 upvotes
vaportech wrote:
Jan 11th, 2019 2:56 pm
Due to the rate of speed, the JP may not automatically withdraw the tickets if either of the officers do not show. They both will be witnesses at the trial. One for the radar speed and the other to identify the driver.

Since speeding is an absolute liability offence it means either you did it or you didn’t and the crown only needs to prove beyond a reasonable doubt that you did.
At my last trial a month ago no officers showed up and they adjourned it to this week.

So what do if one officer is missing?

Am I better off just meeting with the prosecutor and getting a reduced amount. The fine is pretty hefty right now... I understand either way it will be a conviction my insurance record, seems like i'm not going to be able to get it dropped.
Deal Fanatic
Jun 26, 2007
5925 posts
1388 upvotes
???
Mikenello wrote:
Jan 11th, 2019 4:40 pm
At my last trial a month ago no officers showed up and they adjourned it to this week.

So what do if one officer is missing?

Am I better off just meeting with the prosecutor and getting a reduced amount. The fine is pretty hefty right now... I understand either way it will be a conviction my insurance record, seems like i'm not going to be able to get it dropped.
If one officer is missing then they will adjourn it again.
Deal Addict
Feb 4, 2010
2021 posts
1014 upvotes
vaportech wrote:
Jan 11th, 2019 5:07 pm
If one officer is missing then they will adjourn it again.
I thought if the officer doesn't show up that it goes in your favour (i.e. ticket is dropped) ...is that no longer the case?
Deal Fanatic
Jun 26, 2007
5925 posts
1388 upvotes
???
hierophant wrote:
Jan 11th, 2019 5:19 pm
I thought if the officer doesn't show up that it goes in your favour (i.e. ticket is dropped) ...is that no longer the case?
For most cases they will drop it. But because the OP was speeding excessively (44 over) the JP has the discretion to not adjourn it.
Deal Addict
Feb 4, 2010
2021 posts
1014 upvotes
vaportech wrote:
Jan 11th, 2019 5:22 pm
For most cases they will drop it. But because the OP was speeding excessively (44 over) the JP has the discretion to not adjourn it.
Oh ok thanks for clarifying. I got a ticket this morning for disobeying a sign - I made a left turn at 8am where left turns are not allowed between 7-9am M-F. It's for $110. Just wondering if it's a good idea to plead not-guilty (option 3) and take my chances or should I plead guilty and try to get the fine reduced (option 2)? My defense will be that a major street was closed for construction and I was unfamiliar with the neighbourhood and didn't see the sign. Thanks :)
Deal Fanatic
Jun 26, 2007
5925 posts
1388 upvotes
???
hierophant wrote:
Jan 11th, 2019 6:16 pm
Oh ok thanks for clarifying. I got a ticket this morning for disobeying a sign - I made a left turn at 8am where left turns are not allowed between 7-9am M-F. It's for $110. Just wondering if it's a good idea to plead not-guilty (option 3) and take my chances or should I plead guilty and try to get the fine reduced (option 2)? My defense will be that a major street was closed for construction and I was unfamiliar with the neighbourhood and didn't see the sign. Thanks :)
For offence like yours, if officer doesn’t show it should be dropped.

If you go to trial you just have to consider the time it will take to research and defend yourself. If you get convicted the penalty will be the same in most cases so there’s not much to lose other than your time.
Deal Fanatic
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Mar 23, 2008
9749 posts
6138 upvotes
Edmonton
Mikenello wrote:
Jan 11th, 2019 4:40 pm
At my last trial a month ago no officers showed up and they adjourned it to this week.

So what do if one officer is missing?

Am I better off just meeting with the prosecutor and getting a reduced amount. The fine is pretty hefty right now... I understand either way it will be a conviction my insurance record, seems like i'm not going to be able to get it dropped.
If an officer is missing again, you’re building a case to ask for it to be dismissed; the more times they do that, the greater your chances will be. You may have to try to argue hard for it, but you do have a right to a trial, and they can’t keep missing forever.

C
Deal Addict
Feb 4, 2010
2021 posts
1014 upvotes
vaportech wrote:
Jan 11th, 2019 6:22 pm
For offence like yours, if officer doesn’t show it should be dropped.

If you go to trial you just have to consider the time it will take to research and defend yourself. If you get convicted the penalty will be the same in most cases so there’s not much to lose other than your time.
Thanks again. I will probably go with option 2 since I probably don't have what would be considered a valid excuse - the judge is probably going to say it's my responsibility to know the sign was there. However, if you or anyone else has any advice on a viable defence, I would appreciate it.

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