Automotive

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

Newbie
Oct 17, 2018
68 posts
37 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.
Jr. Member
Jun 15, 2016
163 posts
97 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
5692 posts
1130 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
1091 posts
370 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
5692 posts
1130 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
1091 posts
370 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
5692 posts
1130 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
User avatar
Mar 23, 2008
7695 posts
4518 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
1091 posts
370 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.
Newbie
Jan 11, 2019
1 posts
I parked my car near University of Toronto and paid through GreenP phone App. I still got the parking violation ticket. What should I do? Am I going to waste lots of time fighting that ticket at the Court?
Deal Fanatic
Jun 26, 2007
5692 posts
1130 upvotes
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AppleIn wrote:
Jan 12th, 2019 3:04 pm
I parked my car near University of Toronto and paid through GreenP phone App. I still got the parking violation ticket. What should I do? Am I going to waste lots of time fighting that ticket at the Court?
You don’t go to court anymore for parking tickets.

Just do the online review thing on Toronto parking site

https://www.toronto.ca/services-payment ... e-process/
Newbie
Oct 17, 2018
68 posts
37 upvotes
Dmartin77 wrote: 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.
Anyone have any advice?!
Jr. Member
Jun 15, 2016
163 posts
97 upvotes
CNeufeld wrote:
Jan 11th, 2019 6:41 pm
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
So if the officer is not there, I basically just need to request for the case to be dismissed and then its up to the JP, nothing else I need to do?

Should I just make a plea deal with the prosecutor? It seems like a lot of work to build a case for trial, might aswell save the fine.
Newbie
Jan 12, 2019
3 posts
So grateful that this place exists! I followed the steps to request my trial - sent two requests for disclosure, no response received. Planning on submitting an application for stay. Could you please let me know if I need affidavit for the disclosure requests that I sent? First one by UPS and second one by Canada Post. Both registered with tracking information and delivery confirmation. Thanks!

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