Automotive

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

Newbie
May 17, 2019
2 posts
CNeufeld wrote: You can ask for them to drop it, but they don’t have to. The ticket isn’t for not HAVING insurance, it’s for not providing it.

C

Thank you! So...with respect to the original violation that I was pulled over for...rolling a stop, can the prosecutor add that onto the charges? Or can they only go based on the violation that was ticketed?
Newbie
May 17, 2019
9 posts
CNeufeld wrote: You don’t give a province, so... Different provinces have different penalties. You’d best bet is to request a trial and see what the officer says he saw, and you can go from there. It may be worth hiring a paralegal, depending on the penalties in your province. Or might at least be worth talking to someone about your case.

C
Hello Cneufeld thank for your reply, I am in Ontario and I’am going to gather my phone records with regards to text and voice calls during the time of the alleged offense to try and show how i wasn’t using my phone, also proving that I only travelled a distance of 1 Km after looking at my phone at a gas station. I feel I can handle this without paralegal help but may still consult a firm in my area. Should I present my case to the prosecutor first and then request trial if I can’t get the resolution I want? I will of course request disclosure and everything else the OP suggests. These distracted driving charges are new to the courts, any idea on how their outcomes usually go? Thank you.
Newbie
Oct 20, 2014
43 posts
1 upvote
East York, ON
Hello guys need advice.

Was out over the weekend with my folks and on our way back i drove my dads pick up truck and got a ticket for a left on a red light. Basically here is the chain of events. Keep in mind that this is my first offense and my license is g2.

-2 mins prior to the violation i got cut off so i did not have absolute focus from that point
-was on o'connor making a left on coxwell
-2 cars in front. first car was past the crosswalk while the 2nd was partially on the crosswalk
-light turned amber both cars proceeded and i did step on the gas while amber. light turns red and at this point i wasn't sure if the car was before or inside the crosswalk. Decided to chase instead of stopping
-got pulled over. i was pretty flustered since its my first time so i did mention about me being able not to focus since i got cut off by someone to the officer. the convo was being recorded. im not really sure if i pleaded guilty right there.

Officer hands me the ticket and metioned that i have three option to choose from which i must submit within 15 days. Here is where i need the advice. Given the my situation what should i do? options are (basic)

-pay 325 fine (basically pleading guilty and im not sure but i think its 3 demerit points). i dont really want the demerit points and im unemployed atm so the fine is steep. i'd like to avoid this option if its possible
-prosecutor
-court trial

Again this is my first offense so im not sure what happens when you pick prosecution or the court trial option. If you guys could kindly advice to what option to pick and explain the steps i would greatly appreciate it. Feel free to pm me as well. Thanks
Newbie
May 18, 2019
3 posts
Hi,
Thanks for replying.

I was traveling from Edmonton to Calgary after retrieving the passport, was stopped somewhere near red deer 1 am I the morning.

Charged for going at 50 above speed limit, ticket I’d $474 going to red deer court house.

Hoping to have the charge and fine reduced a little.

Thanks!
Newbie
May 18, 2019
3 posts
Also, can someone please explain to me what 9a) fail to ascertain sufficient space for movement means.

Thx greatly appreciated!
Deal Guru
User avatar
Mar 23, 2008
10140 posts
6442 upvotes
Edmonton
fmrhh123456 wrote: Hi,
Thanks for replying.

I was traveling from Edmonton to Calgary after retrieving the passport, was stopped somewhere near red deer 1 am I the morning.

Charged for going at 50 above speed limit, ticket I’d $474 going to red deer court house.

Hoping to have the charge and fine reduced a little.

Thanks!
You can request a deal from the prosecutor, but they’re not obligated to offer you one. Doesn’t hurt to try.

Be glad you weren’t doing more than 50 over, or you’d be in the license suspension zone...

C
Deal Guru
User avatar
Mar 23, 2008
10140 posts
6442 upvotes
Edmonton
PeteD47077 wrote: Hello Cneufeld thank for your reply, I am in Ontario and I’am going to gather my phone records with regards to text and voice calls during the time of the alleged offense to try and show how i wasn’t using my phone, also proving that I only travelled a distance of 1 Km after looking at my phone at a gas station. I feel I can handle this without paralegal help but may still consult a firm in my area. Should I present my case to the prosecutor first and then request trial if I can’t get the resolution I want? I will of course request disclosure and everything else the OP suggests. These distracted driving charges are new to the courts, any idea on how their outcomes usually go? Thank you.
Your text and voice call history won’t help. The charge is based on using a handheld device, which means (basically) touching your phone.

Keep in mind if you fight it and lose, your fine can go up to $1000. But you have a lot to lose by pleading guilty too, as most insurance companies regard this as a serious conviction. So your insurance is likely to take a big hit if you’re convicted.

What is your side of the story? The phone wasn’t anywhere close to your hand? Why do you think the officer apparently disagrees?

C
Deal Guru
User avatar
Mar 23, 2008
10140 posts
6442 upvotes
Edmonton
jessieRFD wrote: Hello guys need advice.

Was out over the weekend with my folks and on our way back i drove my dads pick up truck and got a ticket for a left on a red light. Basically here is the chain of events. Keep in mind that this is my first offense and my license is g2.

-2 mins prior to the violation i got cut off so i did not have absolute focus from that point
-was on o'connor making a left on coxwell
-2 cars in front. first car was past the crosswalk while the 2nd was partially on the crosswalk
-light turned amber both cars proceeded and i did step on the gas while amber. light turns red and at this point i wasn't sure if the car was before or inside the crosswalk. Decided to chase instead of stopping
-got pulled over. i was pretty flustered since its my first time so i did mention about me being able not to focus since i got cut off by someone to the officer. the convo was being recorded. im not really sure if i pleaded guilty right there.

Officer hands me the ticket and metioned that i have three option to choose from which i must submit within 15 days. Here is where i need the advice. Given the my situation what should i do? options are (basic)

-pay 325 fine (basically pleading guilty and im not sure but i think its 3 demerit points). i dont really want the demerit points and im unemployed atm so the fine is steep. i'd like to avoid this option if its possible
-prosecutor
-court trial

Again this is my first offense so im not sure what happens when you pick prosecution or the court trial option. If you guys could kindly advice to what option to pick and explain the steps i would greatly appreciate it. Feel free to pm me as well. Thanks
So far, nothing you’ve said gives you a defence.

Your options are either pay the fine (and plead guilty by doing so), early resolution meeting, or trial. The last two are basically the same, but with an extra meeting arranged with the prosecutor to try to straighten things out before your trial. Up to you which path you want.

The fine is high enough that it’s worth seeing if you can get a deal, assuming the officer’s statement is solid. You may want to hold off on making any deal until you see your disclosure, which you likely wouldn’t get until after any early meeting. Or you might get it right there, and feel like you need to read it and decide then. But you don’t have to.

Keep in mind that they’re not obligated to offer you any deal, or to hold a deal for you to make up your mind.

C
Deal Expert
User avatar
Aug 18, 2005
18872 posts
3531 upvotes
GTA West
One other question, if you don't mind answering ...

I was looking through the disclosure docs and noticed some possible gaps in their info.

Now I have the adjournment court date coming up. Is it possible to use that court date to also request a stay due to incomplete disclosure, therefore possibility eliciting a court order for the prosecutor to 'fill in the gaps' so to speak? (Maybe the prosecution won't provide what I want, and therefore it will be a violation of my rights.)

Or is it better to wait for the actual trial date in order to ask for such things? The strategy for waiting for the actual court date would be to extend the delays attributed to the prosecution. But I don't want to find out on the actual trial date that I should have asked for this stuff earlier.
Newbie
May 17, 2019
9 posts
CNeufeld wrote: Your text and voice call history won’t help. The charge is based on using a handheld device, which means (basically) touching your phone.

Keep in mind if you fight it and lose, your fine can go up to $1000. But you have a lot to lose by pleading guilty too, as most insurance companies regard this as a serious conviction. So your insurance is likely to take a big hit if you’re convicted.

What is your side of the story? The phone wasn’t anywhere close to your hand? Why do you think the officer apparently disagrees?

C
I stopped to fill up at a gas station, made a google search for the lcbo near my residence, which i can prove with my browser history, which will coincide with the time and on my fuel receipt. So this places me parked at a gas bar using my phone, I will use this and try to present it as using due diligence to prevent the offense from happening. I made the search to see if it was still open, it was closed. So i decided to proceed directly to the beer store which was 1 km down the road less than a 2 minute drive. It’s bonkers that anyone would look at their phone in such short a distance knowing full well you’d be stopped in a parking lot in less than a few blocks.

There was no discussion with the police officer. He was committed to issuing the ticket. He described the manner in which i allegedly touch my phone, in front of my steering wheel wheel looking down at it. Which I have never ever done. He also mistakenly described the point where he claims he saw me, in front a particular business which is actually located several blocks away. I don’t understand what he thinks he saw, another car perhaps and i got picked.

Should i speak with a prosecutor or go straight to trial? What specific items should i request in disclosure, i thought i would start with the officers location and perspective.

As a side note this isn’t the first time i’ve heard of officers arbitrarily pulling people over for anything they feel like perceiving as distracted driving. They have no evidence, and it’s an uphill battle for anyone to fight back.

Thank you for listening.
Deal Guru
User avatar
Mar 23, 2008
10140 posts
6442 upvotes
Edmonton
PeteD47077 wrote: I stopped to fill up at a gas station, made a google search for the lcbo near my residence, which i can prove with my browser history, which will coincide with the time and on my fuel receipt. So this places me parked at a gas bar using my phone, I will use this and try to present it as using due diligence to prevent the offense from happening. I made the search to see if it was still open, it was closed. So i decided to proceed directly to the beer store which was 1 km down the road less than a 2 minute drive. It’s bonkers that anyone would look at their phone in such short a distance knowing full well you’d be stopped in a parking lot in less than a few blocks.

There was no discussion with the police officer. He was committed to issuing the ticket. He described the manner in which i allegedly touch my phone, in front of my steering wheel wheel looking down at it. Which I have never ever done. He also mistakenly described the point where he claims he saw me, in front a particular business which is actually located several blocks away. I don’t understand what he thinks he saw, another car perhaps and i got picked.

Should i speak with a prosecutor or go straight to trial? What specific items should i request in disclosure, i thought i would start with the officers location and perspective.

As a side note this isn’t the first time i’ve heard of officers arbitrarily pulling people over for anything they feel like perceiving as distracted driving. They have no evidence, and it’s an uphill battle for anyone to fight back.

Thank you for listening.
You can request whatever you like for disclosure. You'll probably end up with the officer's statement and/or copy of their notes from the incident, since there's really nothing else for evidence. That should give you things like what he saw, where he was, etc. You could specify a copy of any audio/video that was captured at the time.

If you do decide to fight it, I think you'll want to do as much as possible to get him to commit to "wrong" information through your cross examination of him (i.e. ask him questions to draw out his statement about where he was, what business was there, etc), and then turn it around to introduce evidence that contradicts his statements (actual location of business, etc). Basically, you'll want to do as much as possible to discredit his testimony.

In your case, going to the prosecutor in advance would likely be a mistake. You won't want to give him a chance to learn your approach at trial (assuming it comes to that), as the officer may come better prepared than he would if you just introduce things in trial. The risk, of course, is the increased fine if you do lose in court.

You will want to research how to introduce evidence from your browser history; I have no idea how you'd do that, but I'm pretty sure it won't be as simple as waving your phone to show everyone. As well, it doesn't really provide any evidence of what you were going to do (i.e. drive 1 km down the road). And people do "bonkers" stuff all the time... So I'm not sure I'd bother too much with that, and focus more on the officer's testimony and discrediting it.

C
Deal Guru
User avatar
Mar 23, 2008
10140 posts
6442 upvotes
Edmonton
fmrhh123456 wrote: Hi,
Thanks for replying.

I was traveling from Edmonton to Calgary after retrieving the passport, was stopped somewhere near red deer 1 am I the morning.

Charged for going at 50 above speed limit, ticket I’d $474 going to red deer court house.

Hoping to have the charge and fine reduced a little.

Thanks!
Btw, did you get an “Offence Notice” or a “Summons”? Just to make sure...

C
Newbie
May 17, 2019
9 posts
CNeufeld wrote: You can request whatever you like for disclosure. You'll probably end up with the officer's statement and/or copy of their notes from the incident, since there's really nothing else for evidence. That should give you things like what he saw, where he was, etc. You could specify a copy of any audio/video that was captured at the time.

If you do decide to fight it, I think you'll want to do as much as possible to get him to commit to "wrong" information through your cross examination of him (i.e. ask him questions to draw out his statement about where he was, what business was there, etc), and then turn it around to introduce evidence that contradicts his statements (actual location of business, etc). Basically, you'll want to do as much as possible to discredit his testimony.

In your case, going to the prosecutor in advance would likely be a mistake. You won't want to give him a chance to learn your approach at trial (assuming it comes to that), as the officer may come better prepared than he would if you just introduce things in trial. The risk, of course, is the increased fine if you do lose in court.

You will want to research how to introduce evidence from your browser history; I have no idea how you'd do that, but I'm pretty sure it won't be as simple as waving your phone to show everyone. As well, it doesn't really provide any evidence of what you were going to do (i.e. drive 1 km down the road). And people do "bonkers" stuff all the time... So I'm not sure I'd bother too much with that, and focus more on the officer's testimony and discrediting it.

C
Is audio/video actually captured and available? Is it required to get a conviction or is it just if the officer happened to record anything? I will request my disclosure and post what i have been given. It’s such a hard pill to swallow fighting to prove my innocence when all the officer has to do is say yep i saw him on his phone...probably.
Deal Guru
User avatar
Mar 23, 2008
10140 posts
6442 upvotes
Edmonton
PeteD47077 wrote: Is audio/video actually captured and available? Is it required to get a conviction or is it just if the officer happened to record anything? I will request my disclosure and post what i have been given. It’s such a hard pill to swallow fighting to prove my innocence when all the officer has to do is say yep i saw him on his phone...probably.
If it's captured, you have a right to it. If they don't give it to you, then you complain to the JP that you weren't given it, as you feel it's pertinent to your defense.

Top