Automotive

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

Newbie
Feb 6, 2015
2 posts
Ottawa
Hi I plead guilty and paid fine for 273 now they send me dra for 300 plus 6 points what should I do? I have clean history for 10 years. This is ridiculous

Please help, somebody told me I shouldn't have plead guilty at first place.
Deal Addict
User avatar
Nov 8, 2005
1718 posts
285 upvotes
Brampton
rickfromontario wrote: Hi I plead guilty and paid fine for 273 now they send me dra for 300 plus 6 points what should I do? I have clean history for 10 years. This is ridiculous

Please help, somebody told me I shouldn't have plead guilty at first place.
You're going to have to be a bit more specific than that.

1) What was the offence on the ticket?

2) I assume "dra" was a typo -- what did you mean?

On traffic tickets, there are usually 2 amounts: "Set fine" and "Total payable". The Total Payable fine includes some other fees and that is the amount you need to pay. Is it possible you paid the set fine and not the Total Payable?

Also I may be wrong but I don't believe it'll state the amount of demerit points on the ticket. Depending on the offence you were charged for, it may have had 6 points associated with it and you just didn't know. As I said above you need to be more specific about what the charge was for.
adamm
Deal Addict
Jul 7, 2007
1722 posts
1559 upvotes
I have a ticket for an unsafe lane change charge in September. The ticket reads: "...made an abrupt right turn from L1 to bypass at "name of road"... Basically he accused me of making a right turn and crossing the "bypass" which is a solid line that appears as you drive closer to an intersection (see pic).

[IMG]http://s2.postimg.org/n2oexaaqx/Ticket.jpg[/IMG]

I requested a trial within 15 days of receiving the ticket and then asked for full disclosure after my trial date was set in December.

The request for disclosure was given to me by the prosecutor the day of my trial in December. I argued to the Justice of Peace that I was not given enough time to prepare my defense and asked for the charges to be dropped because it was not fair that I showed up to court and wasn't unable to defend myself because the prosecutor did not provide the request for disclosure on time. The Justice of Peace said that the trial will have to be re-scheduled to March. I argued that it is not fair that I have to take another day off from work because the prosecutor was not prepared. The Justice of Peace didn’t find this as a valid reason to drop the charge.

What can I do at this point? I have a court date set the second week of March. Should I file a 4F letter explaining that it was unreasonable that my court date was delayed?

How should I argue the ticket? That the bypass lines are wore out and not visable on the road? That it was impossible for me to know there was a bypass because the road paint was almost completely off?
Deal Expert
Aug 26, 2002
15719 posts
7445 upvotes
Toronto, ON
Zero Hope wrote: I have a ticket for an unsafe lane change charge in September. The ticket reads: "...made an abrupt right turn from L1 to bypass at "name of road"... Basically he accused me of making a right turn and crossing the "bypass" which is a solid line that appears as you drive closer to an intersection (see pic).

[IMG]http://s2.postimg.org/n2oexaaqx/Ticket.jpg[/IMG]

I requested a trial within 15 days of receiving the ticket and then asked for full disclosure after my trial date was set in December.

The request for disclosure was given to me by the prosecutor the day of my trial in December. I argued to the Justice of Peace that I was not given enough time to prepare my defense and asked for the charges to be dropped because it was not fair that I showed up to court and wasn't unable to defend myself because the prosecutor did not provide the request for disclosure on time. The Justice of Peace said that the trial will have to be re-scheduled to March. I argued that it is not fair that I have to take another day off from work because the prosecutor was not prepared. The Justice of Peace didn’t find this as a valid reason to drop the charge.

What can I do at this point? I have a court date set the second week of March. Should I file a 4F letter explaining that it was unreasonable that my court date was delayed?

How should I argue the ticket? That the bypass lines are wore out and not visable on the road? That it was impossible for me to know there was a bypass because the road paint was almost completely off?
What is the exact charge on the ticket (HTA section)?
Newbie
Feb 7, 2015
3 posts
Brampton, ON
Hey, I'm not sure if you are still helping people out, but I need some advice on a fishy ticket/interaction.

I was pulled over in a roundabout and the office told me that had expired licence tags and did not yield in the roundabout.

I had a puzzled look on my face as I was driving around 35km/hr where the roundabout was a suggested 30km/hr zone and there were no other vehicles in the roundabout at the time. He then explained to me that it wasn't enough to just drive slow, but I had to slow down even more then enter.

Then he told me my tags were expired (new car, didn't think about it) and asked for my insurance card. Since I just got a new car, I had like 3 different versions of the card in my car. I handed him on that expired 5 months and some 27 days ago. He then threatened to have my car towed and summon me to court for failure to provide insurance card that didn't expire 6 months ago. I was flustered, very worried, and anxious. I tried to remain very quiet and complacent to avoid having my car towed on my way to work.

He then wrote me two tickets. One for the "fail to surrender insurance card" and the other for "no validation on plate". He signed the validation ticket, but not the other one. He told me that he was bending rules and being nice and that I could be towed and given a ticket for failure to yield with 3 demerit points.

Please help, or if you're done with this, please just let me know you're done with it. thanks.

Matt
Deal Addict
Jul 7, 2007
1722 posts
1559 upvotes
rvs007 wrote: What is the exact charge on the ticket (HTA section)?

154. (1) Where a highway has been divided into clearly marked lanes for traffic,
(a) a vehicle shall be driven as nearly as may be practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety;
Deal Expert
Aug 26, 2002
15719 posts
7445 upvotes
Toronto, ON
Zero Hope wrote: 154. (1) Where a highway has been divided into clearly marked lanes for traffic,
(a) a vehicle shall be driven as nearly as may be practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety;
I'm not sure why the officer used 'bypass' in this context, but the lane you crossed is a bike lane. Crossing the solid white lines is not illegal. But according to HTA 154(1)(a), crossing them abruptly or without checking first is an offense. The same ticket can be issued if you were just driving along a 2-lane road, and you switch lanes without checking your blindspot. So using the argument that the lanes are worn out won't really work. You have to challenge the assertion that you made the lane change in haste, without checking if you can make the lane change safely.

Where was the cop when he saw you make the lane change? Was there traffic queued up on the right turn lane at the time? Why did you make an abrupt lane change and not enter the right turn lane farther from the intersection? Without knowing these questions, it's hard to help you with a defense.
Newbie
Feb 7, 2015
3 posts
Brampton, ON
Hey, I'm not sure if you are still helping people out, but I need some advice on a fishy ticket/interaction.

I was pulled over in a roundabout and the office told me that had expired licence tags and did not yield in the roundabout.

I had a puzzled look on my face as I was driving around 35km/hr where the roundabout was a suggested 30km/hr zone and there were no other vehicles in the roundabout at the time. He then explained to me that it wasn't enough to just drive slow, but I had to slow down even more then enter.

Then he told me my tags were expired (new car, didn't think about it) and asked for my insurance card. Since I just got a new car, I had like 3 different versions of the card in my car. I handed him on that expired 5 months and some 27 days ago. He then threatened to have my car towed and summon me to court for failure to provide insurance card that didn't expire 6 months ago. I was flustered, very worried, and anxious. I tried to remain very quiet and complacent to avoid having my car towed on my way to work.

He then wrote me two tickets. One for the "fail to surrender insurance card" and the other for "no validation on plate". He signed the validation ticket, but not the other one. He told me that he was bending rules and being nice and that I could be towed and given a ticket for failure to yield with 3 demerit points.

Please help, or if you're done with this, please just let me know you're done with it. thanks.
Deal Addict
Jul 7, 2007
1722 posts
1559 upvotes
rvs007 wrote: I'm not sure why the officer used 'bypass' in this context, but the lane you crossed is a bike lane. Crossing the solid white lines is not illegal. But according to HTA 154(1)(a), crossing them abruptly or without checking first is an offense. The same ticket can be issued if you were just driving along a 2-lane road, and you switch lanes without checking your blindspot. So using the argument that the lanes are worn out won't really work. You have to challenge the assertion that you made the lane change in haste, without checking if you can make the lane change safely.

Where was the cop when he saw you make the lane change? Was there traffic queued up on the right turn lane at the time? Why did you make an abrupt lane change and not enter the right turn lane farther from the intersection? Without knowing these questions, it's hard to help you with a defense.
This was at 10pm on a quiet weekday and there was nobody on the road except the officer and myself.

The cop was initially following me from behind (we were both travelling in the right lane). As we were approaching the intersection, the cop pulled into the left lane and sped up significantly (over the speed limit, without his lights on), and tried to drive parrell to me. I looked to my left and I saw him looking thru his windows staring at me. This was all happening as we were approaching an intersection. His car was still accelerating because of the momentum, and I knew I should just signal right and take a right turn and the cop would not be able to follow me. I signalled to turn right and then did my turn... the officer overshot the turn, slammed his braked, and ended up in the middle of the intersection... He then reversed back into the intersection (which is illegal, he didn’t even have his emergency lights on) and proceeded to follow me again before I was pulled over.

[IMG]http://s17.postimg.org/3yqh8n9vj/March_Road.jpg[/IMG]
Deal Expert
Aug 26, 2002
15719 posts
7445 upvotes
Toronto, ON
mwachna wrote: Hey, I'm not sure if you are still helping people out, but I need some advice on a fishy ticket/interaction.

I was pulled over in a roundabout and the office told me that had expired licence tags and did not yield in the roundabout.

I had a puzzled look on my face as I was driving around 35km/hr where the roundabout was a suggested 30km/hr zone and there were no other vehicles in the roundabout at the time. He then explained to me that it wasn't enough to just drive slow, but I had to slow down even more then enter.

Then he told me my tags were expired (new car, didn't think about it) and asked for my insurance card. Since I just got a new car, I had like 3 different versions of the card in my car. I handed him on that expired 5 months and some 27 days ago. He then threatened to have my car towed and summon me to court for failure to provide insurance card that didn't expire 6 months ago. I was flustered, very worried, and anxious. I tried to remain very quiet and complacent to avoid having my car towed on my way to work.

He then wrote me two tickets. One for the "fail to surrender insurance card" and the other for "no validation on plate". He signed the validation ticket, but not the other one. He told me that he was bending rules and being nice and that I could be towed and given a ticket for failure to yield with 3 demerit points.

Please help, or if you're done with this, please just let me know you're done with it. thanks.
Both of those tickets can be addressed at the early resolution meeting. Just go to the meeting with proof of insurance and proof that the proper validation has been affixed to your plates, and the prosecutor should be able to drop both tickets.
Deal Expert
Aug 26, 2002
15719 posts
7445 upvotes
Toronto, ON
Zero Hope wrote: This was at 10pm on a quiet weekday and there was nobody on the road except the officer and myself.

The cop was initially following me from behind (we were both travelling in the right lane). As we were approaching the intersection, the cop pulled into the left lane and sped up significantly (over the speed limit, without his lights on), and tried to drive parrell to me. I looked to my left and I saw him looking thru his windows staring at me. This was all happening as we were approaching an intersection. His car was still accelerating because of the momentum, and I knew I should just signal right and take a right turn and the cop would not be able to follow me. I signalled to turn right and then did my turn... the officer overshot the turn, slammed his braked, and ended up in the middle of the intersection... He then reversed back into the intersection (which is illegal, he didn’t even have his emergency lights on) and proceeded to follow me again before I was pulled over.

[IMG]http://s17.postimg.org/3yqh8n9vj/March_Road.jpg[/IMG]
You'll have to question the officer and challenge his assertion that you made an unsafe turn. It won't be easy because it's his word against yours. But you can question him on whether you activated your turn signals prior to you moving into the right turn lane. You can question him on whether there were any cars behind you or in the right turn lane at the time.
Newbie
Feb 7, 2015
3 posts
Brampton, ON
rvs007 wrote: Both of those tickets can be addressed at the early resolution meeting. Just go to the meeting with proof of insurance and proof that the proper validation has been affixed to your plates, and the prosecutor should be able to drop both tickets.
My insurance was valid, however, I did not have updated tags on my plate at the time. I have since received my stickers; will they still drop both despite the fact that I did not have my licence plate stickers updated prior to receiving the ticket?
Sr. Member
User avatar
Aug 11, 2009
915 posts
229 upvotes
Brampton
Hi, just got a speeding ticket and no insurance slip ticket. I went to the traffic tickets lawyer and he said there is a $300 fine and 4 demerit points and the other will be a fine only of $110.
I was speeding at 80 in a 50 zone. I have the dash cam videos saved on my pc just in case i need to show it to someone. So, my lawyer said he will try to lower the fine to $45 for speeding ticket with 0 demerit points and other pink slip fine will be waived.
I need to know if this is indeed possible or just some bs by my lawyer? And is it possible to not have this on my record so my insurance doesn't hike?
Thanks a bunch!!
Deal Expert
Aug 26, 2002
15719 posts
7445 upvotes
Toronto, ON
mwachna wrote: My insurance was valid, however, I did not have updated tags on my plate at the time. I have since received my stickers; will they still drop both despite the fact that I did not have my licence plate stickers updated prior to receiving the ticket?
It's up to the prosecutor.
Newbie
Feb 8, 2015
2 posts
Montreal, QC
Hi there. Am wondering if unpaid Montreal parking tickets can affect registration on my car with Ontario plates?
Thanks!
Jr. Member
User avatar
Jun 22, 2012
124 posts
9 upvotes
VANCOUVER
Here's one I got. I received a speeding ticket (no speed given, driving in a 50 going into 60 zone). I honestly believe I was not speeding. The ticket was from August 2013, and I received the trial date which is for early March 2015. If I do my math correctly this is over 18 months between ticket date and trial date. So do I even ask for disclosure, or should I skip that step and ask for a stay of trial because of unreasonable delay? Thanks!
Deal Addict
Aug 27, 2011
3048 posts
322 upvotes
Toronto
SteveBennett wrote: Here's one I got. I received a speeding ticket (no speed given, driving in a 50 going into 60 zone). I honestly believe I was not speeding. The ticket was from August 2013, and I received the trial date which is for early March 2015. If I do my math correctly this is over 18 months between ticket date and trial date. So do I even ask for disclosure, or should I skip that step and ask for a stay of trial because of unreasonable delay? Thanks!
Don't know about Vancouver, but from reading about other courts here in Ontario, if you don't ask for disclosure, JOP's assume that you don't have an issue with the delay.
Newbie
Jan 24, 2009
15 posts
1 upvote
Hi,
My situation is a bit different. One fine day the cop showed up at my house around 3pm and asked to see my insurance papers. I took him to my car which was parked in the driveway and opened the dashboard and the papers were not there. Me and husband seperated just a week before and he walked out with a lot of things ( including the car's ownership papers and insurance papers). I told the cop the whole story and said my husband was taking care of the insurance of this car even though the car was registered on my name. And I said I wasn't sure if he cancelled it or not renewed it before he walked out. Nonetheless he gave a ticket and asked to appear in the court on the 13th of feb. I was already going through lot at that time and the ticket was the last thing I wanted to think about, so I put it away then. Later when I saw the date on the ticket It was the 3rd feb and not 13th feb, so I missed my first appearance. I looked at the ticket carefully and noticed that the officer also forgot to sign it.
My question is, is that a fatal error? Also can the officer give me ticket when the car was parked in my driveway. He said he saw me on the road two hours ago. I told him that I wasn't aware I was driving without insurance but since he knew why didn't he stop me then. How was he okay to let me drive away on the road with no insurance. And why he waited two hours to come to my house and hand me the ticket and then forget to sign it.

Thanks in advance.
Deal Expert
Aug 26, 2002
15719 posts
7445 upvotes
Toronto, ON
cytherea wrote: Hi,
My situation is a bit different. One fine day the cop showed up at my house around 3pm and asked to see my insurance papers. I took him to my car which was parked in the driveway and opened the dashboard and the papers were not there. Me and husband seperated just a week before and he walked out with a lot of things ( including the car's ownership papers and insurance papers). I told the cop the whole story and said my husband was taking care of the insurance of this car even though the car was registered on my name. And I said I wasn't sure if he cancelled it or not renewed it before he walked out. Nonetheless he gave a ticket and asked to appear in the court on the 13th of feb. I was already going through lot at that time and the ticket was the last thing I wanted to think about, so I put it away then. Later when I saw the date on the ticket It was the 3rd feb and not 13th feb, so I missed my first appearance. I looked at the ticket carefully and noticed that the officer also forgot to sign it.
My question is, is that a fatal error? Also can the officer give me ticket when the car was parked in my driveway. He said he saw me on the road two hours ago. I told him that I wasn't aware I was driving without insurance but since he knew why didn't he stop me then. How was he okay to let me drive away on the road with no insurance. And why he waited two hours to come to my house and hand me the ticket and then forget to sign it.

Thanks in advance.
Are you and your husband on good terms, or is this a messy separation? The officer would have to have amazing psychic powers to guess that you were driving around without insurance papers, and track you down 2 hours later to ticket you. The more plausible explanation could be that your husband took the insurance papers from the car and called the insurance company and reported the car stolen. Cop tracked you down based on the license plate and the car's ownership and came to the house to ask if you had the papers. Then because you told the cop about the separation, he realizes it wasn't really a stolen vehicle so instead he gave you a ticket for not having insurance. Maybe he feels bad for you so he intentionally didn't sign the ticket so it would get tossed due to the fatal error. I could be totally off-base but based on what you wrote that seems more probable than him randomly showing up to ticket you based on a hunch 2 hours earlier.
Newbie
Jan 24, 2009
15 posts
1 upvote
rvs007 wrote: Are you and your husband on good terms, or is this a messy separation? The officer would have to have amazing psychic powers to guess that you were driving around without insurance papers, and track you down 2 hours later to ticket you. The more plausible explanation could be that your husband took the insurance papers from the car and called the insurance company and reported the car stolen. Cop tracked you down based on the license plate and the car's ownership and came to the house to ask if you had the papers. Then because you told the cop about the separation, he realizes it wasn't really a stolen vehicle so instead he gave you a ticket for not having insurance. Maybe he feels bad for you so he intentionally didn't sign the ticket so it would get tossed due to the fatal error. I could be totally off-base but based on what you wrote that seems more probable than him randomly showing up to ticket you based on a hunch 2 hours earlier.
I just got off the phone with a paralegal and he told me that it is not a ticket but summons which means its a notice to appear in the court and not a ticket. The officer may or may not have to sign it. It is optional for him. It will not be tossed away in the court based on the grounds of 'fatal error' as that applies only to the tickets. Also, he told me that it is okay for the officer to give you a ticket in your driveway as they have 6 months time to get to you.
Is it all true what the paralegal told me or was it all BS?

P.s: the paralegal also said that the court doesn't care what the situation is between me and my husband or if my husband was taking care of the insurance. If the car is registered in my name then I am responsible for it.

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