Automotive

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

Member
Sep 16, 2017
234 posts
123 upvotes
saleh99hashmi673 wrote: Hi,
I have just received my disclosure, and my trial is on May 13th. Is there any way I can fight this? Or any tips I can get to fight my case. I received 2 tickets for speed, one reckless driving and the other one for speeding. I was going 103km in a 50km zone. Reduced to 99km.
Sorry but why on earth were you driving that fast in a 50km zone? Was it really necessary?
Deal Guru
User avatar
Mar 23, 2008
10149 posts
6447 upvotes
Edmonton
saleh99hashmi673 wrote: Hi,
I have just received my disclosure, and my trial is on May 13th. Is there any way I can fight this? Or any tips I can get to fight my case. I received 2 tickets for speed, one reckless driving and the other one for speeding. I was going 103km in a 50km zone. Reduced to 99km.
You've posted a few times. Your best option is probably to hire someone, because if you lose either (or even worse, both) your cases, your driving is going to become very expensive.

BTW, in one of your posts (ask-me-anything-about-fighting-your-tra ... #p30351217), you express concern about
delay my charge so I can get my G license so I my license doesn't get suspended
What do you mean by that? What class license did you have at the time of the ticket? And what class license now?

C
Last edited by CNeufeld on Apr 25th, 2019 2:37 pm, edited 1 time in total.
Deal Guru
User avatar
Mar 23, 2008
10149 posts
6447 upvotes
Edmonton
MasterBD wrote: Sorry but why on earth were you driving that fast in a 50km zone? Was it really necessary?
If you look through the poster's history (which is short), you'll see that they claim to be coming off the highway on a ramp, and got caught in the speed change. 103 on a ramp seems excessive in any case...

C
Member
Sep 16, 2017
234 posts
123 upvotes
CNeufeld wrote: If you look through the poster's history (which is short), you'll see that they claim to be coming off the highway on a ramp, and got caught in the speed change. 103 on a ramp seems excessive in any case...

C
In that case to the poster, was the officer basing your speeding off of the yellow sign that is only a "suggested speed"?
Newbie
Dec 28, 2018
6 posts
CNeufeld wrote: You've posted a few times. Your best option is probably to hire someone, because if you lose either (or even worse, both) your cases, your driving is going to become very expensive.

BTW, in one of your posts (ask-me-anything-about-fighting-your-tra ... #p30351217), you express concern about


What do you mean by that? What class license did you have at the time of the ticket? And what class license now?

C
I had a G2 license at the time, I have received my G now.
Newbie
Dec 28, 2018
6 posts
MasterBD wrote: In that case to the poster, was the officer basing your speeding off of the yellow sign that is only a "suggested speed"?
I am not sure, how do I check that?
Member
Sep 16, 2017
234 posts
123 upvotes
saleh99hashmi673 wrote: I am not sure, how do I check that?
I am not sure what you mean? You would know where you got pulled over and what signage the officer was referencing to. My question was if he pulled you over on the exit ramp where the speed sign is yellow or on the connecting residential street where the sign is white and legally enforceable.

If he clocked you against the yellow sign speed you have a case to fight for the ticket to be dropped. Yellow speed signs are not the enforced speed limit, they are suggested speeds.
Newbie
Apr 13, 2019
3 posts
So I've been doing a lot of research since I received my distracted driving ticket and I have a few questions:
- I live about 6-hours away from where I received the ticket. It looks like they are only required to make disclosure 'available.' Does anyone know if they can be sweet talked in to mailing or emailing the disclosure?
- Can anyone request a trial transcript? It look like the defence in R. v. Decuzzi, 2018 ONCJ 254 did a good job at creating reasonable doubt so I was curious how the defence went about questioning the police officer. If anyone can request, how does one go about it?
- I am pretty confident I can create reasonable doubt without testifying. However, I am prepared to take the stand and state that at no time did I have a phone in my had. My front seat passenger is willing to do the same. If I tell the prosecutor this before the trial is there any chance he will just withdraw the charge and save everyone the hassle?
- When I participate in arbitrations/mediations we will often use 'will says' - can you use these in court? My 2 back seat passengers will also make statements that I didn't use my phone. Since they were in the back I not sure they will add a significant amount to my defence so it is not worth dragging them back up with me but was wondering if I could still submit their will says (even with a decreased weight, every little bit will help).

Just out of interest - a driver in the US won his distracted driving case by explaining that he was eating a hash brown instead of talking on his phone and that his lips were moving because he was chewing. See - https://www.nydailynews.com/news/nation ... story.html
Deal Guru
User avatar
Mar 23, 2008
10149 posts
6447 upvotes
Edmonton
KevinS94121 wrote: So I've been doing a lot of research since I received my distracted driving ticket and I have a few questions:
- I live about 6-hours away from where I received the ticket. It looks like they are only required to make disclosure 'available.' Does anyone know if they can be sweet talked in to mailing or emailing the disclosure?
- Can anyone request a trial transcript? It look like the defence in R. v. Decuzzi, 2018 ONCJ 254 did a good job at creating reasonable doubt so I was curious how the defence went about questioning the police officer. If anyone can request, how does one go about it?
- I am pretty confident I can create reasonable doubt without testifying. However, I am prepared to take the stand and state that at no time did I have a phone in my had. My front seat passenger is willing to do the same. If I tell the prosecutor this before the trial is there any chance he will just withdraw the charge and save everyone the hassle?
- When I participate in arbitrations/mediations we will often use 'will says' - can you use these in court? My 2 back seat passengers will also make statements that I didn't use my phone. Since they were in the back I not sure they will add a significant amount to my defence so it is not worth dragging them back up with me but was wondering if I could still submit their will says (even with a decreased weight, every little bit will help).

Just out of interest - a driver in the US won his distracted driving case by explaining that he was eating a hash brown instead of talking on his phone and that his lips were moving because he was chewing. See - https://www.nydailynews.com/news/nation ... story.html
You can order transcripts here, but it’s pricy at $4/page. And you may not know how many pages it will be till after you order.
https://www.courttranscriptontario.ca/home/faq#12

As far as sweet talking, all you can do is try. Different courts do their own thing.

C
Newbie
Apr 29, 2019
2 posts
3 upvotes
Hello,

I have a meeting with a prosecutor coming up for early resolution of a ticket I received in December. I was driving on the highway in the left lane, picking up speed after getting through a traffic jam. I was up to highway speed and was checking my mirrors when the car in front of me jammed on their brakes for whatever reason to changes lanes even though there was no room to enter the next lane. My left was clear in the HOV lane, so I jumped over to avoid the collision and slowed down. I got back over into my original lane at my first opportunity (about 10 seconds of being in the HOV lane). As I was getting back into the lane I saw an OPP SUV a few cars ahead. The OPP SUV then changed lanes into the middle lane, then slowed down so I would pass and pulled me over. I explained to the officer what happened and he was understanding but said that his boss wouldn't let him let me off on it.

Can you provide any advice for the early resolution meeting? I have a clean driving record, my last ticket was a speeding ticket in 2013.

TLDR; Was driving in HOV lane by myself. IMP USE OF HOV LANE, HWY TRAFFIC ACT section 154.1 (3). Ontario.
Deal Guru
User avatar
Mar 23, 2008
10149 posts
6447 upvotes
Edmonton
kbx416 wrote: Hello,

I have a meeting with a prosecutor coming up for early resolution of a ticket I received in December. I was driving on the highway in the left lane, picking up speed after getting through a traffic jam. I was up to highway speed and was checking my mirrors when the car in front of me jammed on their brakes for whatever reason to changes lanes even though there was no room to enter the next lane. My left was clear in the HOV lane, so I jumped over to avoid the collision and slowed down. I got back over into my original lane at my first opportunity (about 10 seconds of being in the HOV lane). As I was getting back into the lane I saw an OPP SUV a few cars ahead. The OPP SUV then changed lanes into the middle lane, then slowed down so I would pass and pulled me over. I explained to the officer what happened and he was understanding but said that his boss wouldn't let him let me off on it.

Can you provide any advice for the early resolution meeting? I have a clean driving record, my last ticket was a speeding ticket in 2013.

TLDR; Was driving in HOV lane by myself. IMP USE OF HOV LANE, HWY TRAFFIC ACT section 154.1 (3). Ontario.
Bring cookies.

You can try to negotiate it down, but it's already a fairly low $$$ ticket, right? And most likely, at best you'll get the charge reduced somewhat, but there's not much less than that. The demerits are typically meaningless, especially since you have a long period without any tickets. So basically, you can go there, hope for a discount, but you're not likely to save a ton of money. And your insurance hit will likely be the same.

Your other option is to show up for court and hope the cop doesn't show. But they get paid for that, so...

C
Member
Nov 8, 2013
465 posts
170 upvotes
Toronto, ON
kbx416 wrote: Hello,

I have a meeting with a prosecutor coming up for early resolution of a ticket I received in December. I was driving on the highway in the left lane, picking up speed after getting through a traffic jam. I was up to highway speed and was checking my mirrors when the car in front of me jammed on their brakes for whatever reason to changes lanes even though there was no room to enter the next lane. My left was clear in the HOV lane, so I jumped over to avoid the collision and slowed down. I got back over into my original lane at my first opportunity (about 10 seconds of being in the HOV lane). As I was getting back into the lane I saw an OPP SUV a few cars ahead. The OPP SUV then changed lanes into the middle lane, then slowed down so I would pass and pulled me over. I explained to the officer what happened and he was understanding but said that his boss wouldn't let him let me off on it.

Can you provide any advice for the early resolution meeting? I have a clean driving record, my last ticket was a speeding ticket in 2013.

TLDR; Was driving in HOV lane by myself. IMP USE OF HOV LANE, HWY TRAFFIC ACT section 154.1 (3). Ontario.
Technically, you did nothing wrong. In fact, having to do so to avoid a collision is considered a valid defence. However, police officers in this country don't exactly use their discretion, nor are the judges impartial in POA courts. It's all a big cash grab. I would take it to trial though, give evidence, and say under oath that the reason you swerved was to avoid a potential collision. If the police officer argues that he only saw you in the HOV lane for a few seconds, or cannot say how long you were there, in theory you have created reasonable doubt and won. However, in my experience from traffic court is that the judges don't exactly know or follow the law. They make their own judgement and value the police officers testimony above the defendents... ironically, I had a few tickets overturned due to that (impartial judge, fair trial, presumption of innocence - take your pick).

The legal system in POA courts is a joke, and it costs you more money because you need to appeal and order the transcript and pay your fine... and then you never get refunded for the transcript.

However, in your case, I would go to trial unless they give you a non-moving violation because I can't see any other situation that would benefit you (for insurance rates).
Member
Nov 8, 2013
465 posts
170 upvotes
Toronto, ON
Hey guys,

So I received a red light traffic camera ticket. I was wondering if anyone can direct me to the part of the HTA where it refers to what is considered entering an intersection. Based on the pictures they gave me, my car is in the intersection (front tires are across the stopping line) by the time the light is red. Based on my research, that in most cases in considered to be already entered. However, I can't seem to find the wording. If entering is considered your entire vehicle to be passed the stop line, then I would have no argument.

Also, does anyone know why they are still imposing a victim surcharge? I thought that was ruled unconstitutional by the Supreme Court?
Newbie
Apr 29, 2019
1 posts
Hello helpers,

So I received a Notice of Overdue Parking Penalty invoice. The due date is May 9th 2019. It says that I had "unlawfully" parked a vehicle, and that I did not use the parking machine. Now this letter seems to contradict the dates here. On the top right side of the form, there is the date of when the violation was commited. But on the center of the letter it shows a different date. Could this fall under errors and fatal flaws?

I want this ticket to drop. Because the parking meter isn't even a city meter, it is owned or operated by parking municipal (third party company). Secondly I parked my vehicle in a private property, The property is owned by a mosque. I spoke to the mosque and the permission was granted by them. Third, I did not see any tickets on my windshield, shouldn't there be a physical ticket issued to me? I feel like this used some camera, because it says there is a $10 fee for that. I would really appreciate you help.

I have read the previous posts from this forum. About submitting for a disclosure request. Does this below (old post) still apply?

Many Thanks and God Bless.

2) Parking Tickets

A parking ticket will give you a 2 week due date (15 days), but you actually have 17 days. YOU NEED TO IGNORE IT ( you do not pay it, you do not request a trial, you do nothing - for now).

As per the Provincial Offences Act, s.18, they must send you a Notice of Impending Conviction after 17 days has elapse but no more than 36 days. (no you are NOT convicted yet).

YOU then have another 15 days to respond ( by either paying the fine or requesting a trial). Which means this can take up to Day 58 since receiving the parking infraction ticket.

On the 15th day (due date) of the Notice of Impending Conviction is where you should Request a trial. Why??

Provincial Offences Act, s.18.1(2) states that the city must submit ALL paperwork to the court within 75 days of receiving the parking infraction. Since you have waited until Day 58 to request a trial, they only have 17 days to do this.. If they don't, is a valid reason to have your parking ticket dropped.

But in the chance that they DO NOT do this within the 75 days, you can get the Justice to squash the charge. You would tell the Justice:
Section 17(2) of the Provincial Offences Act requires court documents to be filed within 75 days. They have not done this. You must quash the charge.
----

ALSO NOTE: When you receive your notice of trial, use this specific Parking infraction Disclosure Request sample letter and send it to the Prosecutor requesting disclosure of the evidence against you. This will indicate when the city filed your ticket with the court along with some other info that will be presented at trial:
DISCLOSURE REQUEST

Date: TODAY’S DATE

ADDRESS OF THE PROSECUTOR'S OFFICE

Court Date: YOUR COURT DATE
Location: COURT LOCATION
Defendant: YOUR NAME
Offence Number: YOUR OFFENCE NUMBER
Charge: WHAT THE CHARGE IS

________________________________________________________

General Request
With regard to the above matter and in light of the guidelines set out in R. v. Stinchcombe, 1991 CANLII 45 (S.C.C.), and subsequent cases, I am requesting that you provide me with all relevant information and documentation so that I may prepare my defence against the above charge and make full answer.

Specific Request
Without limiting the generality of the above request, I ask that you also include:

• the documentation to commence the parking infraction proceeding;
• the date the proceeding was commenced;
• the officer's copy of the Parking Infraction Notice (both sides);
• the Certificate of Parking Infraction;
• any evidence of ownership;
• a typed copy of the officer's notes (both sides) and an explanation of any notations or abbreviations.
Missing Information
I also request that you advise me of any information, which is not being disclosed and an explanation for such non-disclosure.

If you require further information from me or have any questions regarding my request for disclosure please do not hesitate to contact me.


_________SIGN HERE________

YOUR NAME
YOUR ADDRESS
When you do receive disclosure, reply to this thread so we can come up with a plan for trial.
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  • Parking Ticket.jpg
Newbie
May 31, 2015
16 posts
Hi just needed some help.
I got a speeding ticket for going 62 in a 40 zone,the cop’s car wasn’t even facing me,got to see it in the disclosure video that they gave too.i got the ticket on August 1st,2018. Asked for disclosure and only got it on April 29,2019.fast forward I got my first trial date for May 9th,2019 but due to scheduling conflicts I can’t make it and requested for an adjournment,so my new date is August 22nd. Just wanted to know does having the trial date after a year from getting the ticket help my case other than the officer not showing up,also with the disclosure being released this late can I use it to strengthen my case?

Thanks

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