Automotive

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

Newbie
Apr 12, 2019
2 posts
Mississauga,On
Dear Sr.
Before hand, thank you very much for your advise given here.
Now I will bring before you my problem.
Im loocking for job, so there was a opportunity that was in my reach, Im driving on the Hwy tired with sinus infection, and my friend on the job call my cellphone that is in my dasboard because I was using a map app.
I Answer the call toching the green button but I notice speaker is not working.
I was nervious and not thinking clearly for firt time in 18 years in Canada, got that cellphone in my ear for 2 minuts, sudently big police truck flashes lights behind me, pull me over, and he said that I was 2 minuts on the phone when driving.
I answer, Officer you are correct, Im sorry, Is that Im lossing my job, Im so sorry...
He give me a 600$ ticket for using a comunication device when driving.

Problem is if my insurance go up I will be not able to aford it, now is 250 montly.
I have no demerit points on it, I will get a job soon but If I cannot drive, will be no job.
Gladly I will acept a banning from own a cellphone but that does not exist.
Also If I go to court and loose Will be 1000 dollars and the insurance will increase!
Gladly will pay 1000 dollar if insurance do not increase, but that is not posible.
I need please your kind advice
J.Olmedo
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May 8, 2002
4448 posts
772 upvotes
CNeufeld wrote: Hopefully you can work out a deal, but you were speeding in the 50 zone, by a considerable margin. The fact that the speed limit changed ahead of you doesn't change that fact. As far as "needing distance" to get up to speed, what's that based on? You start accelerating when you hit the 80 zone, and so what if it takes you awhile to get up to 80? It's not like you being slower than traffic is going to cause a 30 car pileup, is it? Worse case scenario (assuming it's a single lane road with on-coming traffic), the cars behind you have to accelerate slowly as well, which isn't going to kill anyone either.

C
Exactly what he said. Just because 80 k start 80 m ahead doesn't mean you should be going 80 when you hit the sign, you are openly admitting to travelling 70 in a 50. Just because you have a large, heavy vehicle doesn't allow you extra time/distance to reach a further ahead speed limit. As a trucker you have probably passed gravel haulers that are going up grades at 40 k in an 80 with their flashers on. Should they be allowed to go 70 through the village because there is a hill coming up and they need to speed up?

Police have no obligation to drop recorded speed, this is called discretion, and each LEO can choose when and how to use it. Residential area or not, distance from sign, all this is irrelevant, you were doing 70 in a 50, no valid defense. Best advise would be to request early prosecution, accept a deal that they will offer you, probably 19 or 14 over in that jurisdiction. Not worth hiring a paralegal for...
Newbie
User avatar
Feb 14, 2012
13 posts
1 upvote
MARKHAM
I just received a Notice of Fine and Due date, it's for Failure to have/surrender insurance card. But I've never received such ticket.

Here's the backstory; I was pulled over by a officer in early February night. He asked for my driver license, ownership, and insurance. Which I've provided except for the insurance, at the time was still a temporary and it's on my phone. I've just changed insurance company maybe a month or so ago, I haven't yet received my proper slip, so I was still using the temporary one. I told the officer about the situation then showed him the slip on my phone. Officer took a quick look and gave the phone back to me, noting the temp. slip has expired, which I didn't notice at the time. I do have proper insurance coverage. The officer went back to his cruiser with my license and ownership. Short while later he came back and handed back my license and ownership and wished me safe drive and that I should get my insurance slip ASAP. No ticket or anything.

Now I received a letter saying I was convicted on Failure to have/surrender insurance card. What's my course of action? Do I go to the court and ask to reopen my case? Is there a case to begin with? Even if I wasn't hand a ticket by the officer? Or know that I was even given a ticket? I understand from the crown's perspective, I looked like someone who didn't do anything with my ticket during the first 15 days to ask for a trial or now the 30 days after I was convicted, and I now have to do something or will get my license suspended. Would they reopen my case based on my word? How do I prove I never received such ticket and have basically no idea about it. I recall the first thing the officer told me was that he is wearing a body cam and that our conversation will be recorded. How do I get that piece of evidence? I don't know if I suppose to have gotten another letter informing me of my conviction or anything but this is the only letter I have about this matter.

Any help is greatly appreciated.
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Jun 26, 2007
5943 posts
1417 upvotes
???
FlamingChicken wrote: I just received a Notice of Fine and Due date, it's for Failure to have/surrender insurance card. But I've never received such ticket.

Here's the backstory; I was pulled over by a officer in early February night. He asked for my driver license, ownership, and insurance. Which I've provided except for the insurance, at the time was still a temporary and it's on my phone. I've just changed insurance company maybe a month or so ago, I haven't yet received my proper slip, so I was still using the temporary one. I told the officer about the situation then showed him the slip on my phone. Officer took a quick look and gave the phone back to me, noting the temp. slip has expired, which I didn't notice at the time. I do have proper insurance coverage. The officer went back to his cruiser with my license and ownership. Short while later he came back and handed back my license and ownership and wished me safe drive and that I should get my insurance slip ASAP. No ticket or anything.

Now I received a letter saying I was convicted on Failure to have/surrender insurance card. What's my course of action? Do I go to the court and ask to reopen my case? Is there a case to begin with? Even if I wasn't hand a ticket by the officer? Or know that I was even given a ticket? I understand from the crown's perspective, I looked like someone who didn't do anything with my ticket during the first 15 days to ask for a trial or now the 30 days after I was convicted, and I now have to do something or will get my license suspended. Would they reopen my case based on my word? How do I prove I never received such ticket and have basically no idea about it. I recall the first thing the officer told me was that he is wearing a body cam and that our conversation will be recorded. How do I get that piece of evidence? I don't know if I suppose to have gotten another letter informing me of my conviction or anything but this is the only letter I have about this matter.

Any help is greatly appreciated.
I wouldn’t see a reason they would deny a reopening based on that reason.

Request a trial and copy of the ticket that was filed with the court. It should say how the ticket was served.
Newbie
Apr 13, 2019
3 posts
I was recently charged with distracted driving. I was not using my phone at the time and the officer did not see me using my phone. He only saw me looking down. I was looking down at my gear shift at the time. I will dispute the charge. I would like to know if it is reasonable to request a copy of any Ontario Provincial Police (OPP) Police Orders, Standard Operating Procedures/Manuals or Protocols related to distracted driving offences as part of my disclosure request. Since he seem to charge me on a "hunch" I am hoping what he has done has violated his employer's policies which I would add to my defence.

If the disclosure request is not the place to get this type of information where could I get it? Thanks.
Newbie
Apr 13, 2019
2 posts
Hello!

Thanks a lot for this thread, it has been helpful. My spouse recieved a speeding ticket back in November and requested a trial date which is May 29. We mailed the request for disclosure on April 1st but have not heard anything back yet, should we send another request for disclosure at the end of the month?

Also, how long before trial should he request a stay? Thanks again!
Deal Addict
User avatar
May 8, 2002
4448 posts
772 upvotes
KevinS94121 wrote: I was recently charged with distracted driving. I was not using my phone at the time and the officer did not see me using my phone. He only saw me looking down. I was looking down at my gear shift at the time. I will dispute the charge. I would like to know if it is reasonable to request a copy of any Ontario Provincial Police (OPP) Police Orders, Standard Operating Procedures/Manuals or Protocols related to distracted driving offences as part of my disclosure request. Since he seem to charge me on a "hunch" I am hoping what he has done has violated his employer's policies which I would add to my defence.

If the disclosure request is not the place to get this type of information where could I get it? Thanks.
If those existed (which they do not), they would be considered third party disclosure, which is not required to be given out. Third party records do not fall under R vs Stinchcombe and require an O'Conner application.

OPP follow HTA requirements, and the only sections in their orders would refer to their own personal use of cell phones while driving...
Deal Guru
User avatar
Mar 23, 2008
10154 posts
6450 upvotes
Edmonton
HaileyS76878 wrote: Hello!

Thanks a lot for this thread, it has been helpful. My spouse recieved a speeding ticket back in November and requested a trial date which is May 29. We mailed the request for disclosure on April 1st but have not heard anything back yet, should we send another request for disclosure at the end of the month?

Also, how long before trial should he request a stay? Thanks again!
Have you two tried calling the prosecutor's office to see if the disclosure package is ready?

And you have virtually no chance of getting a stay before the trial. You might get an adjournment at the trial to review the disclosure if the prosecutor gives it to you then.

C
Deal Guru
User avatar
Mar 23, 2008
10154 posts
6450 upvotes
Edmonton
Sobreviviente wrote: Dear Sr.
Before hand, thank you very much for your advise given here.
Now I will bring before you my problem.
Im loocking for job, so there was a opportunity that was in my reach, Im driving on the Hwy tired with sinus infection, and my friend on the job call my cellphone that is in my dasboard because I was using a map app.
I Answer the call toching the green button but I notice speaker is not working.
I was nervious and not thinking clearly for firt time in 18 years in Canada, got that cellphone in my ear for 2 minuts, sudently big police truck flashes lights behind me, pull me over, and he said that I was 2 minuts on the phone when driving.
I answer, Officer you are correct, Im sorry, Is that Im lossing my job, Im so sorry...
He give me a 600$ ticket for using a comunication device when driving.

Problem is if my insurance go up I will be not able to aford it, now is 250 montly.
I have no demerit points on it, I will get a job soon but If I cannot drive, will be no job.
Gladly I will acept a banning from own a cellphone but that does not exist.
Also If I go to court and loose Will be 1000 dollars and the insurance will increase!
Gladly will pay 1000 dollar if insurance do not increase, but that is not posible.
I need please your kind advice
J.Olmedo
You can try hiring a paralegal to work out a deal for you, but from everything you've said, you were guilty and caught cleanly. Plus you admitted it to the cop, which will likely be in his notes.

You losing your job or not being able to afford insurance isn't a factor. You MIGHT be able to get extra time to pay your fine, but it would still be a conviction, which will have the same impact on your insurance.

C
Newbie
Apr 13, 2019
2 posts
I read in the post not to give a phone number for contact as it is better to have them mail the disclosure. If I were to call wouldn't they just tell us to pick it up?

Also, if I can't request a stay, what should we do to better the chances of not be convicted?

I realized on the letter we recieved for trial that the licence plate number contained an error. Would this be considered a fatal error?
Deal Guru
User avatar
Mar 23, 2008
10154 posts
6450 upvotes
Edmonton
HaileyS76878 wrote: I read in the post not to give a phone number for contact as it is better to have them mail the disclosure. If I were to call wouldn't they just tell us to pick it up?

Also, if I can't request a stay, what should we do to better the chances of not be convicted?

I realized on the letter we recieved for trial that the licence plate number contained an error. Would this be considered a fatal error?
They're required to make disclosure available to you. Not deliver it. So yes, they will just tell you to pick it up. IMHO, the post you read provides bad advice.

How do you better the chances of not being convicted? Negotiate a deal to lower the charges, or show up and hope the cop doesn't show. The first one will still get you a conviction, which will likely affect your insurance as much as the original ticket. The second one is a slim chance. Other than that, you need to review your disclosure and look for some grounds to fight it.

And no, the invalid license plate is not a fatal error in most jurisdictions. Google "Traffic ticket fatal error".

C
Deal Fanatic
Jun 26, 2007
5943 posts
1417 upvotes
???
CNeufeld wrote: You can try hiring a paralegal to work out a deal for you, but from everything you've said, you were guilty and caught cleanly. Plus you admitted it to the cop, which will likely be in his notes.

You losing your job or not being able to afford insurance isn't a factor. You MIGHT be able to get extra time to pay your fine, but it would still be a conviction, which will have the same impact on your insurance.

C
Pretty sure OP meant that he won’t be able to afford insurance to drive to a job, not because the job requires a clean abstract.
Newbie
Oct 21, 2018
10 posts
HaileyS76878 wrote: Hello!

Thanks a lot for this thread, it has been helpful. My spouse recieved a speeding ticket back in November and requested a trial date which is May 29. We mailed the request for disclosure on April 1st but have not heard anything back yet, should we send another request for disclosure at the end of the month?

Also, how long before trial should he request a stay? Thanks again!
Hi, my situation was just like like yours. Check post #17568 on page 1172 and #17642 on page 1177. May answer your questions.

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