Automotive

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

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Apr 8, 2009
1964 posts
123 upvotes
Center of the Univer…
mypumpkins wrote:
May 8th, 2014 11:23 am
I really hope you can help me out....My 17yr old son was charged with careless driving. He received a $490 ticket and can loss 6 points. Officer said to fight it. We are so worried, he is an amazing kid and would love the best advice you can offer. Here is the situation.....

He and 3 friends were in family member's car heading back to school from lunch. He made a left hand turn too quickly and then had to make a quick right into school parking lot. The car somewhat fish tailed and while trying to gain control and pull into school he clipped the curb hard, busting his tire & rim. One passenger did bump her head on window, she was fine, thankfully. All others were fine & all had seat belts on. A tow truck was called. due to it being at a school, police were called. School spoke with all passengers and all said it was an accident with no major issues. Officer never spoke to passengers, he took word of school officials. School has video camera on site and he viewed tape. We were not allowed to view tape. Was told if we fought charges, we would then see tape. Officer gave my son a ticket, said he could fight it but that it had to be issued. Neither my son or our family is in a financial situation to pay for an X-copper type service. We are very fearful of the charges and also how it may later affect insurance.
I want to ensure...do we check off OPTION 2- Early resolution or take ticket in to court house for OPTION 3 -Trial option. It states on ticket that trial option- DO NOT MAIL- i intend to appear in court to plead not guilty. it says i or my representative must attend in person at the court office to file a notice of intention to appear in court.
This is all so scary... which option do we proceed with? We would like to have entire charges dropped if possible. Any advice would be extremely appreciated.
Fight it. Officer cant tesitify because his testimony would revolve around hearsay. The only way you'd be found guilty in court is if he crown calls a witness or submits the video as evidence.
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Apr 8, 2009
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joep wrote:
May 8th, 2014 8:11 pm
Hi all, I am wondering if I can apply for a stay in this case, any input is appreciated

My first trial is next Monday, just got the mail today (Thurs) asking to pick up the disclosure. Which means I only have tomorrow (Fri) to pick it up and have the weekend to work on my trial strategy.

I sent a fax to the prosecutor's office 2 1/2 months ahead, and then I followed up in person last month. Do I have enough case to have the trial delayed?

Thanks in advance
You'll have no problem asking for an adjournment. dont bother picking up your disclosure until the day of. Did you already file a motion for section 7? If so, press on with it, and if it fails, ask for adjournment
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Apr 8, 2009
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MrVee2014 wrote:
May 8th, 2014 11:11 pm
^ bump! Anyone? Thanks
There's no such thing as requesting a speedy trial. You request a trial, and its up to the crown to give you one that's speedy or not.
Member
Mar 28, 2013
208 posts
19 upvotes
SCARBOROUGH
I got a ticket for failing to wear my seat belt on April 11.

1. I opted for a early resolution meeting at the 1530 Markham Rd location. Was this a mistake strategically should I have just requested a trial?
2. Can I change the meeting to a trial date instead?
3. For a seat belt charge is it possible to plead to a non moving violation with no points?
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Apr 8, 2009
1964 posts
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Gnucky wrote:
May 10th, 2014 7:34 pm
I got a ticket for failing to wear my seat belt on April 11.

1. I opted for a early resolution meeting at the 1530 Markham Rd location. Was this a mistake strategically should I have just requested a trial?
2. Can I change the meeting to a trial date instead?
3. For a seat belt charge is it possible to plead to a non moving violation with no points?
Don't bother showing up. Just request a trial
Newbie
Dec 5, 2012
76 posts
64 upvotes
ETOBICOKE
mypumpkins wrote:
May 8th, 2014 11:23 am
I really hope you can help me out....My 17yr old son was charged with careless driving. He received a $490 ticket and can loss 6 points. Officer said to fight it. We are so worried, he is an amazing kid and would love the best advice you can offer. Here is the situation.....

He and 3 friends were in family member's car heading back to school from lunch. He made a left hand turn too quickly and then had to make a quick right into school parking lot. The car somewhat fish tailed and while trying to gain control and pull into school he clipped the curb hard, busting his tire & rim. One passenger did bump her head on window, she was fine, thankfully. All others were fine & all had seat belts on. A tow truck was called. due to it being at a school, police were called. School spoke with all passengers and all said it was an accident with no major issues. Officer never spoke to passengers, he took word of school officials. School has video camera on site and he viewed tape. We were not allowed to view tape. Was told if we fought charges, we would then see tape. Officer gave my son a ticket, said he could fight it but that it had to be issued. Neither my son or our family is in a financial situation to pay for an X-copper type service. We are very fearful of the charges and also how it may later affect insurance.
I want to ensure...do we check off OPTION 2- Early resolution or take ticket in to court house for OPTION 3 -Trial option. It states on ticket that trial option- DO NOT MAIL- i intend to appear in court to plead not guilty. it says i or my representative must attend in person at the court office to file a notice of intention to appear in court.
This is all so scary... which option do we proceed with? We would like to have entire charges dropped if possible. Any advice would be extremely appreciated.
Don't worry, go with option 3 and fight it. You can easily win this. and as Saibot said, officer can not testify because he wasn't even there.
Newbie
May 10, 2014
2 posts
Richmond Hill, ON
I really need some help! But there is no ticket involved yet. I hit on a car when I backed up from my parking lot in Costco's parking lot. The car behind me is also backing up. I didn't see it when I start my car. I checked that car, only minor scratches, and there is even no marks on my car.(I'm not sure the scratches on her car is caused by that hit since I can't find matching scratches on my car.) She asked me for 200 CAD. But I only got 100 with me. So I suggested to go through the insurance company, but she refused to do so. In the end, she took my 100 dollars but also copied my plate number. But I forgot to copy any information about her. Will I be in trouble if she report my plate number to the police? I'm so worried now....Please help.
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Jun 22, 2012
4737 posts
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Shhanada
mypumpkins wrote:
May 8th, 2014 11:23 am
I really hope you can help me out....My 17yr old son was charged with careless driving. He received a $490 ticket and can loss 6 points. Officer said to fight it. We are so worried, he is an amazing kid and would love the best advice you can offer. Here is the situation.....

He and 3 friends were in family member's car heading back to school from lunch. He made a left hand turn too quickly and then had to make a quick right into school parking lot. The car somewhat fish tailed and while trying to gain control and pull into school he clipped the curb hard, busting his tire & rim. One passenger did bump her head on window, she was fine, thankfully. All others were fine & all had seat belts on. A tow truck was called. due to it being at a school, police were called. School spoke with all passengers and all said it was an accident with no major issues. Officer never spoke to passengers, he took word of school officials. School has video camera on site and he viewed tape. We were not allowed to view tape. Was told if we fought charges, we would then see tape. Officer gave my son a ticket, said he could fight it but that it had to be issued. Neither my son or our family is in a financial situation to pay for an X-copper type service. We are very fearful of the charges and also how it may later affect insurance.
I want to ensure...do we check off OPTION 2- Early resolution or take ticket in to court house for OPTION 3 -Trial option. It states on ticket that trial option- DO NOT MAIL- i intend to appear in court to plead not guilty. it says i or my representative must attend in person at the court office to file a notice of intention to appear in court.
This is all so scary... which option do we proceed with? We would like to have entire charges dropped if possible. Any advice would be extremely appreciated.
To recap, your son, a novice driver, made multiple wild turns and fishtailed the car, lost control so badly that he shredded a wheel and injured one of the passengers. Yes, that's some careless driving right there.

What about the option of accepting the consequences? If your son is the great person you claim, then this will be an important life lesson for him. He should be thankful he didn't kill a bunch of people on the sidewalk or in the car.

Based on your own (biased) version of events, your son needs a lot more practice driving before he should be out on the road. Consider this to be a fortunate incident that only cost a relatively small amount of money and a wheel, both of which can be replaced. Had your son fishtailed into a baby stroller, that life could not be replaced.
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Jun 22, 2012
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Shhanada
cleowin wrote:
May 8th, 2014 3:33 am
Hello there, I have a few questions regarding a traffic violation ticket.

I was issued a violation ticket on January 24th, 2013 for an illegal pass on a laned roadway under section 151(f) , within the BC Motor Vehicle Act. The section 151: Laned roadway defines the illegal pass as one where a vehicle drives into a lane not designed for same direction traffic to overtake a vehicle.

Looking at section 119 of the Motor Vehicle Act, it defines 'laned roadway' as a roadway separated by two or more marked lanes in the same direction. The Street in question is a 2 lane road, with just a single SOLID yellow line, and no lane markings. The officer pulled me over prior to a school zone sign, telling me the pass I made was illegal, and unsafe, despite the fact that I was overtaking a vehicle with no oncoming traffic, pedestrians or children. In BC, under section 155 (Highway Lines), it is indicatively clear that passing a vehicle over a single yellow line is infact legal, with extra caution. Despite that, the enforcing officer still claimed I can't pass over single yellow lines, and only broken yellow. I was doing around 90 km/hr in a 50 zone to make the pass, but the officer did not charge me for speeding.

So I decided to dispute the allegation, and I received my court date for July 14th, 2014 at 9:30 AM. Unfortunately, I will be out of town on a pre-booked non-refundable vacation between Jul 9-Jul 23, 2014 and will not be able to attend the hearing. I have filled out the appropriate adjournment form, but I do have questions about it, which I will ask later.

I also decided to contact the officer regarding disclosure, and about withdrawing the ticket on the grounds of a ticket that has no merritt. I explained the incident, and how it was indeed legal, and he just asked if I had disputed the allegation, so I went ahead and said 'I did.' and he responded 'Good, so we can deal with the ticket on the court date.' So, with further regards, I have the following questions:

1) Is a pre-booked non-refundable vacation good enough for an adjournment?
2) Is my case a slam dunk in terms of proving the allegation was invalid?
3) Is there any chance the officer will just say 'no evidence', or withdraw at the court?
4) Do I need any other information to prepare for my defense?
You blasted by someone at 90 km/hr in a 50 km/hr zone. To call that "extra caution" you'd have to lie and commit perjury. You prepared to do that?

What's "invalid" about the allegation? You already admit you did it.

Interestingly you claim this happened in 2013. I suspect that's an error on your part and this actually happened in 2014.
Newbie
May 7, 2014
19 posts
2 upvotes
Burnaby, BC
You missed my point, the officer did not issue me a speeding ticket, nor did he even clock me on his radar. What he's accusing me of is an illegal pass on a "laned" roadway. The road i passed on, was not laned. So the ticket im disputing is about the pass, not about speed, or anything else. The ticket was issued in 2013.
Newbie
May 7, 2014
19 posts
2 upvotes
Burnaby, BC
Also, other facts: the radar was facing the opposing side , not my side, and since the ticket was issued 16 months ago, the officer no longer has the ability to issue a new ticket, due to a 1 year strict limitation in the motor vehicle act
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Jun 22, 2012
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Shhanada
cleowin wrote:
May 11th, 2014 6:23 pm
You missed my point, the officer did not issue me a speeding ticket, nor did he even clock me on his radar. What he's accusing me of is an illegal pass on a "laned" roadway. The road i passed on, was not laned. So the ticket im disputing is about the pass, not about speed, or anything else. The ticket was issued in 2013.
A year and a half is a long time.

When you boil it down, isn't it true that you crossed a solid center line and blasted by someone at 90 km/hr in a 50 km/hr section? You were fortunate to receive only the illegal pass ticket.

Why not have your lawyer appear for you on July 14th?
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Jun 22, 2012
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Shhanada
cleowin wrote:
May 11th, 2014 6:32 pm
Also, other facts: the radar was facing the opposing side , not my side, and since the ticket was issued 16 months ago, the officer no longer has the ability to issue a new ticket, due to a 1 year strict limitation in the motor vehicle act
Who said anything about a new ticket? It will be admissible for the officer to reference his notes that he observed you at 90 km/hr but didn't ticket you due to technicalities. Shows restraint and respect for the finer details of the law, plus hints that you were reckless. Looks like a losing fight. I do wonder why you don't just man up and accept the consequence of your mistake?

With a couple months to go, you probably can get an adjournment, but any defense related to timing of your trial is out the window.
Newbie
May 7, 2014
19 posts
2 upvotes
Burnaby, BC
He never said what speed he observed, he just said "you were going over 50 km/hr to pass the car, because he was going 50"
Newbie
May 7, 2014
19 posts
2 upvotes
Burnaby, BC
As well, i knew what speed i was going, thats how i know i was doing 90

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