Automotive

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

Newbie
Mar 20, 2019
5 posts
Thanks for the quick response. I appreciate it. I willcall tommorow as they mentioned in the mail letter. Do u mind if i ask you if you are aware of any paralegals contact so i can hire them on my behalf as i stay 5 hours far from the court house. Thanks kindly.
Lesson learnt.
Newbie
Mar 20, 2019
5 posts
Need help.

Called the court house as mentioned in the mail and then tried n it has automated message.

Sure i will do that as they mentioned the number on the mail letter. Do u mind if i ask if you know any paralegal in local city (3577 terrace road, cortland, new york) who can visit on behalf of me? I will google it but just want to check before i research my self for suggestions. Thanks kindly.
Last edited by bhara2009 on Mar 22nd, 2019 12:16 pm, edited 1 time in total.
Deal Addict
Apr 21, 2009
1783 posts
1301 upvotes
Toronto
CNeufeld wrote: Just because someone is “elderly” doesn’t give them the right to park or even be dropped off in a disabled spot.

C
Yeah I know, that's why I said 100% my fault

Silly judgment call on my part, hopefully it'll get reduced, never setting foot in those spots again.

Will be going to file this ticket in the morning.

Haven't gotten a ticket in four years, caught two this month :(
Newbie
Mar 21, 2019
1 posts
I got a ticket for not wearing a seatbelt at a ridecheck. The officer asked me where my seatbelt was and I said “right here”, pointing to it hanging. Is there anything I can do/say to fight it in court? This would be my second offence - first one was speeding about 2 years ago. The tickets $240 but I’m more worried about my insurance and I feel like I’m screwed because I acknowledged I wasn’t wearing it.
Deal Guru
User avatar
Mar 23, 2008
10134 posts
6434 upvotes
Edmonton
RabiaS32963 wrote: I got a ticket for not wearing a seatbelt at a ridecheck. The officer asked me where my seatbelt was and I said “right here”, pointing to it hanging. Is there anything I can do/say to fight it in court? This would be my second offence - first one was speeding about 2 years ago. The tickets $240 but I’m more worried about my insurance and I feel like I’m screwed because I acknowledged I wasn’t wearing it.
It wouldn't matter if you acknowledged it or not, the cop saw you not wearing it. Although you have reduced the possibility of trying to discredit the officer's testimony by trying to demonstrate he couldn't have seen it from where he was or something...

You're screwed because you weren't wearing it, is what it comes down to. You can try to fight it, and hope the cop doesn't show up. You can try to work out a deal, but not sure what's less than "not wearing a seatbelt".

C
Deal Expert
User avatar
Aug 18, 2005
18864 posts
3526 upvotes
GTA West
CNeufeld wrote: Try calling the courthouse?

ETA: Or I googled “Ontario Hamilton disclosure request”, and turned up this:
http://www2.hamilton.ca/NR/rdonlyres/C7 ... equest.pdf

Which has a handy mailing address, phone number, and fax number...
Thanks, I contacted them.
The link you provided appears to be an outdated one.

The correct "Request for Disclosure" form for Hamilton is available here, with a different address:
https://www.hamilton.ca/streets-transpo ... ces-notice

Note to anyone else reading this: NEVER FILL IN THESE FORMS!!! They only exist to trick people into not making their own custom disclosure request with an itemized list of what is requested. These forms deliberately prevent you from asking for specific things. Only use the form to get the mailing / fax address.
Deal Guru
User avatar
Mar 23, 2008
10134 posts
6434 upvotes
Edmonton
Jucius Maximus wrote: Thanks, I contacted them.
The link you provided appears to be an outdated one.

The correct "Request for Disclosure" form for Hamilton is available here, with a different address:
https://www.hamilton.ca/streets-transpo ... ces-notice

Note to anyone else reading this: NEVER FILL IN THESE FORMS!!! They only exist to trick people into not making their own custom disclosure request with an itemized list of what is requested. These forms deliberately prevent you from asking for specific things. Only use the form to get the mailing / fax address.
Just curious... what did you want to ask for that wasn’t listed?

C
Deal Expert
User avatar
Aug 18, 2005
18864 posts
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GTA West
CNeufeld wrote: Just curious... what did you want to ask for that wasn’t listed?
In the Hamilton Disclosure form, there is no place anywhere to list what you want. For example, if you want "any statements made by the defendant," there is no way to request such information (or any specific, identifiable information whatsoever) through the official form.

When I contacted the prosecutor office to get the info, they repsonded saying that I could even handwrite them a letter as long as it had a list of what I'm requesting. (This was in a voicemail.)
Newbie
Dec 28, 2018
6 posts
I have just received my Notice Of Trail and my trail is on 13th May, 2019. For I have received two tickets one for speeding and the other one for careless driving.
Speeding - Cop say i was going 103km/hr in 50km zone. Says he had reduced the charge to 99km cuz he didn't want my car to get towed. However it is not specified anywhere on ticket that it is reduced.
Careless driving no statement given just said i was gonna receive two tickets.
I already have 1 offence b4 this - Failure to turn right
I want to file for disclosure do i file for both separately or just as one.
i received mine in Etobicoke but the trial is in Toronto.
I received it at 11.55pm
How do i argue the careless driving one?
And do i have to include phone number in the Toronto Form when filing for disclosure? ( is it Required? )
Deal Expert
User avatar
Aug 18, 2005
18864 posts
3526 upvotes
GTA West
Regarding Freedom of Information (FOI) requests:

I did some research in this thread, and the prevailing information is: FIRST, you ask for everything in the disclosure. But don't submit a FOI request. Wait for them to respond to the disclosure.
SECOND, if you don't get everything in your disclosure, do the FOI request after that.

1. Is this still correct?
2. If they respond to the disclosure request saying "we can't provide that info due to XYZ...," how do you decide whether to keep arguing, or proceed to FOI?

Thank you.
Newbie
Mar 20, 2019
6 posts
I am posting this reply as a follow up to my post on page 1168 about my parking ticket. My trial was Friday morning and I am disappointed in the way it resulted. I'm posting this follow up to hear opinions from others as to whether I am in the right or the wrong for what I argued in trial. I spent some time the last couple of days researching the way to fight parking tickets in the new municipally enforced system (old system was provincially enforced) and found what I believe to be some flaws in the Town of Richmond Hill's parking system. I took my $30 ticket ($66 with defaulting fees) and the hearing officer reduced it to $50. Here is what I argued in court.
All parking tickets issued within the Town of Richmond Hill are issued pursuant to Town of RH by-law 69-16 (right at the top of any RH parking ticket). I called the Town well before my trial and asked where I could access a copy of all the by-laws. The operator explained that all the Town's by-laws are published on the Town of RH website, and that there was no other information source I would have access to. I visited the website, and lo and behold, there exists a list of parking regulations with context to all the possible fines (municipal codes). However, there is no "By-law 69-16". Feel free to check for yourself (https://www.richmondhill.ca/en/find-or- ... ?_mid_=480) What I am saying is that Town of RH is issuing parking tickets pursuant to a non-existent by-law. The website (the only by-law information source accessible to the public according to the Town of RH operator) does not make any mention of by-law 69-16. What exists on the website is an unnumbered or untitled by-law outlining the municipal codes for parking enforcement. As a comparison, City of Vaughan and City of Markham have official publications of their parking by-law that are properly numbered and titled (By-law 1-96 and by-law 2015-93 respectively) and can be found by the public. Town of RH does not. You can google the by-law number itself and you still won't find it. I did however find the municipal codes that outline parking violations but the municipal code is only as good as the by-law (municipal code 1116 is issued in the name of by-law 69-16 and cannot exist without by-law 69-16) check here: https://www.richmondhill.ca/en/shared-c ... 8-1116.pdf
The whole PDF does not make a single mention of by-law 69-16. When I argued this in court, the hearing officer began to stutter and the loss of confidence could be heard in his voice before he started raising it at me like a child throwing a temper tantrum. He argued that the municipal code I violated is clearly outlined in the middle of the ticket (which is true) however like I mentioned above, the municipal code is enforced under by-law 69-16 and is invalid without it. I explained this to him but he just started crying and getting personally offended even more. I then asked if either him or the parking officer could present me with by-law 69-16, as I believed I had provided sufficient evidence that it did not exist. He once again threw a tantrum and refused. All he said was "it exists". A parking officer should be able to provide or restate the by-law in which he is charging me in violating, no? I provided clear evidence that the by-law did not exist, yet the parking and hearing officers were not able to provide evidence that it did. The hearing officer got so pissed, he refused to let me provide the rest of my evidence and stated that he has already come to his verdict. Correct me if I'm wrong with this too, but isn't it my right to be able to present all my evidence?
I am looking forward to hearing from all of you. I really want to know if my argument was valid or not. I'm contemplating going to my local paper with this one. I'm not looking for trolls to tell me my car shouldn't have been parked in the road blah blah blah. I get the car should've been moved off the road before 3am but if the town is going to charge me for violating a by-law then that by-law better exist.
Some things also worth mentioning:
- The hearing officer (judge) is employed by the Town of Richmond Hill (screams bias)
- Links to both the Markham and Vaughan parking by-laws, with clearly titled by-law numbers
https://www.markham.ca/wps/wcm/connect/ ... 09-mymbdck
https://www.vaughan.ca/cityhall/by_laws/Bylaws/1-96.pdf
Deal Addict
Oct 13, 2014
1838 posts
1128 upvotes
Just Moved To Somewh…
@nickel052 You were never charged with By-law 69-16, that particular by-law is procedural only. There are no offence sections contained within the by-law other than the applicable Schedules of by-laws that can be dealt with pursuant to that by-law. As it is procedural there is no need to have it available at the hearing (for reference), as would be the case for offences charged either federally or provincially or municipal matters that have not been attached to the applicable schedules of By-law 69-16. Here is the latest amendment to that particular by-law, passed last month:

https://pub-richmondhill.escribemeeting ... ntId=20454
“Before one can have a Clue they must first accumulate 10 Inklings. That said, all it takes is one bad post and you erase all Clues accumulated'"
Deal Fanatic
Jun 26, 2007
5943 posts
1417 upvotes
???
Jucius Maximus wrote: Regarding Freedom of Information (FOI) requests:

I did some research in this thread, and the prevailing information is: FIRST, you ask for everything in the disclosure. But don't submit a FOI request. Wait for them to respond to the disclosure.
SECOND, if you don't get everything in your disclosure, do the FOI request after that.

1. Is this still correct?
2. If they respond to the disclosure request saying "we can't provide that info due to XYZ...," how do you decide whether to keep arguing, or proceed to FOI?

Thank you.
Depends on the information you’re looking for. If it’s relevant to your case then a disclosure request is sufficient. If it’s not provided you can schedule a hearing with a JP to justify the request. If JP approves then the crown must provide it. If the crown doesn’t then it’s subject to charter violation and the matter can get stayed. If the JP rejects then you can file a FOI request for the document and it will take some time for the relevant office to provide it to you.

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