Automotive

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

Newbie
Apr 11, 2010
9 posts
1 upvote
Toronto
joepoonie wrote: The police officer could easily have been wearing sunglasses and probably was. You're suggesting that he was not in the best position, but that may not be. I can tell you that you could still easily be convicted even with the video. Video cameras amplify the sunlight - if someone has sunglasses on, they'd most likely be able to see the light.
What I want to know is if the video doesn't show the evidence of my offence, will the court take just the officer's word that I ran the light against mine?
This is my first ever moving violation and I am not sure whether the burden of proof is on the prosecution.
Much appreciate your kind assistance.
Deal Addict
Aug 27, 2011
3048 posts
341 upvotes
Toronto
n125kl wrote: What I want to know is if the video doesn't show the evidence of my offence, will the court take just the officer's word that I ran the light against mine?
This is my first ever moving violation and I am not sure whether the burden of proof is on the prosecution.
Much appreciate your kind assistance.
It will be he said she said which would then be up to whom the Justice of the Peace believes. I'm not going to lie, but the chances of you getting an acquittal in he said she said is pretty low.
Deal Fanatic
User avatar
May 4, 2007
6901 posts
261 upvotes
Thank you joepoonie. What is 11b territory?. I was driving to Kitchener from Markham.
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Deal Addict
Aug 27, 2011
3048 posts
341 upvotes
Toronto
Mendesb wrote: Thank you joepoonie. What is 11b territory?. I was driving to Kitchener from Markham.
11b is a Charter proceeding that says that the Crown has taken too long to bring this case to court. If the time between the ticket and the trial is 11+ months, you could go through a process where you tell the court that your rights to a timely trial were violated.

I will tell you though, unless your trial is in Toronto, it's very rare for an 11b to succeed as most courts are quite fast.
Newbie
Jan 31, 2013
3 posts
Hi Vero,

In regards to the seat belt offence, if for any reasons I'm convicted of the charges, is there a higher court where I could take my appeal to? If I'm not mistaken (Regina vs. Kanda) case was won at a higher court but I don't know what it's called.
Deal Guru
User avatar
Nov 21, 2009
12732 posts
1787 upvotes
Talisa wrote: Hi Vero,

In regards to the seat belt offence, if for any reasons I'm convicted of the charges, is there a higher court where I could take my appeal to? If I'm not mistaken (Regina vs. Kanda) case was won at a higher court but I don't know what it's called.
the appeal is to a judge of the Ontario Court of Justice
Launching the appeal

To launch an appeal the first step is to file a notice of appeal. The notice must set out whether the appeal is against conviction, sentence, or both. The notice must list the grounds of appeal. The notice of appeal may have to be served on the Crown. That means that it must be sent to the Crown’s office within the time specified by the rules. Failure to meet the time limits may cost you the right of appeal. After you have served the notice on the Crown, you must file it with proof of service at the appeal court.
Common grounds of appeal

You have to identify an error of law. Common ones include:

Judge improperly admitted evidence.
Judge failed to give reasons for a decision.
Judge failed to consider an important piece of evidence.
Judge made an error in law or in fact.
Verdict was unreasonable (no facts to support it)
Crown asked improper questions in cross-examining the accused.
Charter rights of the accused were violated (e.g., illegal search by police) and the judge failed to give a proper remedy (such as excluding incriminatory evidence)
Judge was biased.
http://www.pointts.com/services/appeali ... onviction/
Jr. Member
Nov 24, 2007
115 posts
3 upvotes
Mississauga
Talisa wrote: Hi Vero,

In regards to the seat belt offence, if for any reasons I'm convicted of the charges, is there a higher court where I could take my appeal to? If I'm not mistaken (Regina vs. Kanda) case was won at a higher court but I don't know what it's called.
Make sure that the judgement has been uphead by either Ontario court of justice or by Supreme court. JP's are not obliged to follow a ruling from a province other than Ontario. They can use it for the purpose of guidance but are not obliged to follow it. This was told by JP to another accused in my last hearing.
Deal Guru
User avatar
Nov 21, 2009
12732 posts
1787 upvotes
qwert97 wrote: Make sure that the judgement has been uphead by either Ontario court of justice or by Supreme court. JP's are not obliged to follow a ruling from a province other than Ontario. They can use it for the purpose of guidance but are not obliged to follow it. This was told by JP to another accused in my last hearing.
good point. the process was in Ontario though
http://www.canlii.org/en/on/onca/doc/20 ... nca22.html
Deal Addict
User avatar
Jan 7, 2005
1753 posts
50 upvotes
hey guys, I got a parking ticket 2 years ago. as usual, I went to the parking/traffic court to contest thinking they probably would just drop it or issue me a summit to court OR pay the fine.

I got a summit for court appearance the other day WITHOUT any option of paying the $30.... what's up with that? anyone knows what I can expect? Hopefully it won't be anything serious....
Deal Addict
Aug 27, 2011
3048 posts
341 upvotes
Toronto
CJJ25 wrote: hey guys, I got a parking ticket 2 years ago. as usual, I went to the parking/traffic court to contest thinking they probably would just drop it or issue me a summit to court OR pay the fine.

I got a summit for court appearance the other day WITHOUT any option of paying the $30.... what's up with that? anyone knows what I can expect? Hopefully it won't be anything serious....
If it was two years ago, you can still pay the fine or you can easily file an 11b application since two years is a pretty long time to bring a case to trial.
Jr. Member
Sep 8, 2007
140 posts
djino wrote: I made an edit to the post you quoted a minute before you just replied..lol..

But let me add more info:

In going to the First Attendance meeting, the likely result is the prosecutor offering to drop the no insurance slip for your guilty plea on the speeding ticket. Your best bet is to avoid discussing the speeding ticket. Just provide evidence that you were insured, and ask the prosecutor if they are willing to drop the ticket. The prosecutor is less likely to do anything further about the speeding ticket since the offer already reduced the fine. My advice it to just still request a trial on the speeding ticket. Besides, any offer/deal being made during the first attendance meeting will be on the table again during the moments before your trial starts when you again get to discuss your options with the prosecutor.

So your best bet for the moment is to just deal with getting the insurance ticket dropped by providing proof of it.

After you have received your notice of trial in the weeks/months that follow your meeting, you can use the form on the first post and request disclosure from the prosecutor. If you receive disclosure, you should come back to this thread and we can discuss options for trial which may include seeing the prosecutor in the moments before trial and accepting the deal that was put on the table during first attendance OR perhaps we can discuss a good strategy for you to be successful at trial.

djino
"Hope that answers your questions!"
Hi Djino,

Thanks for all your help a little while back. I am heading over to meet the prosecuter today. I have the temporary insurance slip I showed the cop as well as the pink slip he said I had to have. Hopefully, that is enough to get the charge for no insurance dropped. I will try and not mention the speeding ticket until the end as I don't want him to offer an ultimatum by saying I'll drop the no insurance ticket only if you plead guilty for the speeding one, as you mentioned above. If he does offer that ultimatum, I will just say im taking both tickets to trial (hopefully thats the right thing to do?!)

Hoping everything goes well and accordingly come back to you for advice regarding the trial.

******EDIT*******
Just got back. Prosecutor told me that she could only throw away the insurance ticket if I plead guilty for the speeding. I said no. She said then would you like to go to trial. I said Yes. She made a note saying that the prosecutor on that day can always ask for the speeding ticket to be increased back to its original state as it was reduced by the officer. She also said that on the court date its possible the prosecutor may not give me the same deal/ultimatum to get rid of one for pleading for the other. I went on to ask her off the record if she'd think he/she would and she smiled and said yours is pretty straight forward but theres nothing definitive. I said cool. She said that it would take 3 months to receive a court date approximately.

Should I send you a PM once I receive court date and send in my disclosure request? Did I do anything incorrectly?
Thanks for all your help so far. I just realized that Djino hasnt been around for a while. I hope hes okay..I defintely need his/veros help

Regards,
Deal Addict
Aug 27, 2011
3048 posts
341 upvotes
Toronto
TimoCruz wrote: Hi Djino,

Thanks for all your help a little while back. I am heading over to meet the prosecuter today. I have the temporary insurance slip I showed the cop as well as the pink slip he said I had to have. Hopefully, that is enough to get the charge for no insurance dropped. I will try and not mention the speeding ticket until the end as I don't want him to offer an ultimatum by saying I'll drop the no insurance ticket only if you plead guilty for the speeding one, as you mentioned above. If he does offer that ultimatum, I will just say im taking both tickets to trial (hopefully thats the right thing to do?!)

Hoping everything goes well and accordingly come back to you for advice regarding the trial.

******EDIT*******
Just got back. Prosecutor told me that she could only throw away the insurance ticket if I plead guilty for the speeding. I said no. She said then would you like to go to trial. I said Yes. She made a note saying that the prosecutor on that day can always ask for the speeding ticket to be increased back to its original state as it was reduced by the officer. She also said that on the court date its possible the prosecutor may not give me the same deal/ultimatum to get rid of one for pleading for the other. I went on to ask her off the record if she'd think he/she would and she smiled and said yours is pretty straight forward but theres nothing definitive. I said cool. She said that it would take 3 months to receive a court date approximately.

Should I send you a PM once I receive court date and send in my disclosure request? Did I do anything incorrectly?
Thanks for all your help so far. I just realized that Djino hasnt been around for a while. I hope hes okay..I defintely need his/veros help

Regards,
You didn't do anything wrong, per say. They weren't willing to drop the no slip ticket, which I'm not surprised about, especially when you have another ticket on the same incident.

You really can't do anything about your situation right now until you get your trial date and your disclosure. That's the only way to be able to consider what you need to do to fight your charge. At this point, if everything checks out and you go to trial, I doubt that the prosecutor would drop your no slip ticket without you pleading guilty to your speeding ticket.
Jr. Member
Sep 8, 2007
140 posts
joepoonie wrote: You didn't do anything wrong, per say. They weren't willing to drop the no slip ticket, which I'm not surprised about, especially when you have another ticket on the same incident.

You really can't do anything about your situation right now until you get your trial date and your disclosure. That's the only way to be able to consider what you need to do to fight your charge. At this point, if everything checks out and you go to trial, I doubt that the prosecutor would drop your no slip ticket without you pleading guilty to your speeding ticket.
Ya I thought so. I guess thats my last resort, accepting the prosecutor's deal to drop the insurance ticket and pleaing for the speeding ticket. I'll wait it out till I get the trial date. Thanks for reply.

Random Question - Where did Djino go? I see him posting on the wind mobile thread, meaning hes defintely alive..
Deal Addict
Aug 27, 2011
3048 posts
341 upvotes
Toronto
TimoCruz wrote: Ya I thought so. I guess thats my last resort, accepting the prosecutor's deal to drop the insurance ticket and pleaing for the speeding ticket. I'll wait it out till I get the trial date. Thanks for reply.

Random Question - Where did Djino go? I see him posting on the wind mobile thread, meaning hes defintely alive..
I guess he probably gets a lot of PM's that he helps with.
Member
Dec 27, 2004
354 posts
3 upvotes
I have a ticket coming to trial on February 27, for which I have received disclosure. My question is, all the details for the lidar detector used, are on a separate notepad with a different offence number (70 higher) than mine. It also looks to be a different area where this stop occurred, as i was stopped for 75km/h in a 50, whereas this person was stopped at 44km/hr. Can I argue reasonable doubt that the disclosure does not match my offence?

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