Automotive

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

Newbie
Sep 2, 2008
92 posts
1 upvote
Toronto
goothu99 wrote:
May 8th, 2014 8:48 pm
Ticketed for turning on a right contrary to the sign, about 110$ and i believe 2 demerit points. i filed for a trial and a few months later still did not get the court date. i called and they told me it was paid (but i did not pay this ticket)...what should i do?
bump--help please
Newbie
May 13, 2012
7 posts
SCARBOROUGH
Hello Saibot,

i was looking for solutions and i came across your thread so i wonder if you could give me some advises.
I received a red light - fail to stop ticket from an officer in March. The officer told me i could go to court to fight it so i went to apply for a trial the very next day because i panicked.
I have received my notice of trial today and court date is sept 18th.

This is my very first time in trial since i started driving from 10 years ago with a very clean record.
here are my questions:

- I heard from coworkers that i can try to found out if the officer is present on the trial date, if not then i can just plead not guilty and that will be the end of the case, is that true?
- if so, what do i say? just plead not guilty during the trial? do i have to provide any reasoning to fight it off?
- Where or how do i even find out if the officer is present in that case?
- If i plead guilty in the trial, do the penalties stay the same?
- one more thing, on my trial of notice, it says the copy of the notice was sent by mail to defendant and given to prosecutor, however on the "given to Provincial Offenses Officer" they left it blank, does that mean the officer will not be present?

some of these questions might sound really dumb i apologize in advanced, but this is really my first traffic ticket for the past 10 years i am really clueless on what to do.

Thank you very much in advanced!
Newbie
May 12, 2014
1 posts
Nepean, ON
Howdy all, got my first ever ticket tonight.

I was driving on the sir John A MacDonald parkway in Ottawa at around 9pm. There weren't any cars on the road but myself. I was driving towards downtown when I saw the signature cop flashing lights go off across the median. To give you guys a better idea, I was right around here when I was pulled over. The cop was on the OTHER side of the median. https://www.google.ca/maps/@45.389866,- ... D8j1Eg!2e0

Keep in mind it is night time and the weather is overcast. And at night on that particular parkway, there aren't many streetlights as seen by the above picture. As I pass the cop going in the opposite direction, I see him in my rear view mirror go across the median, and start to come towards me. So I pulled over at the point you see in the picture or there abouts. He informs me that I was apparently going 105km/h in a 60km/h zone. Personally, I don't believe I was doing more than 90km/h, but hey it's still speeding, and on that particular parkway it's stupid to have a 60km/h limit but that's besides the point. I made no mention of my thoughts to the officer. I never said I was speeding and never admitted to any guilt. He just informed me of my apparent speed and I took that at face value (I was always taught to remain silent).

I have a few questions:

The officer said he got me on radar going at the above speed. However, due to the trees, the huge median in the middle, the time of day, AND the weather conditions of overcast, I think I may have a case here, especially considering he was in a moving vehicle going at least 60km/h pointing a radar gun at me. Would this be sufficient evidence to fight this conviction? Personally I don't think the officer can prove beyond a reasonable doubt that I was going as fast as he said I was. I definitely want to take this to court as it is a ridiculous $300+ fine and I really don't want to pay that.

Any other advice is more than welcome and much appreciated. I look forward to hearing your responses.
Banned
User avatar
Jun 22, 2012
4737 posts
682 upvotes
Shhanada
boajai wrote:
May 12th, 2014 9:53 pm
Hello Saibot,

i was looking for solutions and i came across your thread so i wonder if you could give me some advises.
I received a red light - fail to stop ticket from an officer in March. The officer told me i could go to court to fight it so i went to apply for a trial the very next day because i panicked.
I have received my notice of trial today and court date is sept 18th.

This is my very first time in trial since i started driving from 10 years ago with a very clean record.
here are my questions:

- I heard from coworkers that i can try to found out if the officer is present on the trial date, if not then i can just plead not guilty and that will be the end of the case, is that true?
- if so, what do i say? just plead not guilty during the trial? do i have to provide any reasoning to fight it off?
- Where or how do i even find out if the officer is present in that case?
- If i plead guilty in the trial, do the penalties stay the same?
- one more thing, on my trial of notice, it says the copy of the notice was sent by mail to defendant and given to prosecutor, however on the "given to Provincial Offenses Officer" they left it blank, does that mean the officer will not be present?

some of these questions might sound really dumb i apologize in advanced, but this is really my first traffic ticket for the past 10 years i am really clueless on what to do.

Thank you very much in advanced!
Just curious why you are contesting it. Did you fail to stop at a red light?

As for knowing if the officer will be present, you will have to show up on Sept 18 and see what happens. They usually do show up.

Some of the more experienced ticket fighters can say better, but I've seen it where it can lead to multiple court dates.

There's long been this idea that if the police officer doesn't show up at the trial, you will win by default. Sometimes that happens, but sometimes it doesn't.

The way it works is this: traffic officer hands out 50 tickets that day, and several of them may be contested. So the hearings are booked so that officer can testify for 5 other tickets, not just your ticket.
Banned
User avatar
Jun 22, 2012
4737 posts
682 upvotes
Shhanada
goothu99 wrote:
May 12th, 2014 8:48 pm
bump--help please
Might want to request duplicate paperwork of this. If there's been a mixup and your ticket wasn't paid, then you could get a nasty surprise in the future.
Deal Addict
User avatar
Apr 8, 2009
1964 posts
122 upvotes
Center of the Univer…
boajai wrote:
May 12th, 2014 9:53 pm
Hello Saibot,

i was looking for solutions and i came across your thread so i wonder if you could give me some advises.
I received a red light - fail to stop ticket from an officer in March. The officer told me i could go to court to fight it so i went to apply for a trial the very next day because i panicked.
I have received my notice of trial today and court date is sept 18th.

This is my very first time in trial since i started driving from 10 years ago with a very clean record.
here are my questions:

- I heard from coworkers that i can try to found out if the officer is present on the trial date, if not then i can just plead not guilty and that will be the end of the case, is that true?
- if so, what do i say? just plead not guilty during the trial? do i have to provide any reasoning to fight it off?
- Where or how do i even find out if the officer is present in that case?
- If i plead guilty in the trial, do the penalties stay the same?
- one more thing, on my trial of notice, it says the copy of the notice was sent by mail to defendant and given to prosecutor, however on the "given to Provincial Offenses Officer" they left it blank, does that mean the officer will not be present?

some of these questions might sound really dumb i apologize in advanced, but this is really my first traffic ticket for the past 10 years i am really clueless on what to do.

Thank you very much in advanced!
Hi.

This isn't my thread, I'm just stepping in since the original poster has gone silent.

1. If the officer is not present on the trial date, your ticket will be dropped since prosecution has no evidence to call against you. Pleading guilty with an officer present however, will not be "the end of the case."
2. Pleading not guilty will require you to defend yourself in court. You can either raise reasonable doubt about whatever evidence the prosecution presents or you can provide conflicting evidence, again raising reasonable doubt as to the evidence against you.
3. You find out when you go on the date of your trial.
4. Pleading guilty will stay the same, however you'll be required to pay an extra ~20-30 dollars for court costs.
5. Officers don't plan in advance whether or not they'll be present.

In terms of what to do, you'll want to go to the court house and request disclosure as soon as possible. Alternatively, you could call the prosecution's office, ask them for the disclosure request form and fill it out. Proceed to fax the form to them -- KEEP YOUR RECIEPT.
This will, or should get you all the evidence they have against you since under section 7 of the charter of rights and freedoms, you have the right to disclosure.
Deal Addict
May 26, 2008
1266 posts
377 upvotes
Thornhill
Can we discuss speeding tickets gotten in the states? New York specifically? Seeking for help :(
Deal Addict
User avatar
Apr 8, 2009
1964 posts
122 upvotes
Center of the Univer…
risktaker84 wrote:
May 13th, 2014 4:07 pm
Can we discuss speeding tickets gotten in the states? New York specifically? Seeking for help :(
Find a paralegal service in new york unless you want to travel down there.

In the states, if its a minor speeding offence, a paralegal can get the charge lowered to a non-moving violation so that it does not affect your insurance (like a parking ticket). Unfortunately, here in canada, they dont do these favors for us.
Jr. Member
Dec 5, 2007
157 posts
34 upvotes
Hi Saibot,

I did faxed the request for the Disclosure on May 6th, I did use the standard template, today is 5th day, My next hearing is on 28th May, should i wait till end of this week or just go and file ' charter application for section 7' ? If yes, how do i file it , is that i need to go to the court and asked for the section 7 form to file it ?

here is the snippet what I requested :
Specific Request
Without limiting the generality of the above request, I ask that you also include:
o a full copy of the police officer’s notes;
o a copy of both sides of the officer’s copy of the ticket (Notice of Offence);
o a typed version of any hand written notes;
o witness will say statements;
o witness statements;
o any statements made by the defendant;
o copies of the original notes of such statements; and
o the names and address, occupation and criminal record of the persons providing such information.
Missing Information
I also request that you advise me of any information, which is not being disclosed and an explanation for such non-disclosure.
could you please provide the disclosure not less than 5 days.

TIA.
Deal Addict
Oct 9, 2003
2675 posts
314 upvotes
Vancouver
If I dispute my speeding ticket, request a disclosure, realize I have no case to raise reasonable doubt regarding the charge against me, and choose to pay my speeding ticket, will I be dinged an extra fee? Or will I just be required to pay the original amount?
Deal Addict
User avatar
Apr 8, 2009
1964 posts
122 upvotes
Center of the Univer…
daregiri wrote:
May 13th, 2014 5:10 pm
Hi Saibot,

I did faxed the request for the Disclosure on May 6th, I did use the standard template, today is 5th day, My next hearing is on 28th May, should i wait till end of this week or just go and file ' charter application for section 7' ? If yes, how do i file it , is that i need to go to the court and asked for the section 7 form to file it ?

here is the snippet what I requested :
Specific Request
Without limiting the generality of the above request, I ask that you also include:
o a full copy of the police officer’s notes;
o a copy of both sides of the officer’s copy of the ticket (Notice of Offence);
o a typed version of any hand written notes;
o witness will say statements;
o witness statements;
o any statements made by the defendant;
o copies of the original notes of such statements; and
o the names and address, occupation and criminal record of the persons providing such information.
Missing Information
I also request that you advise me of any information, which is not being disclosed and an explanation for such non-disclosure.
could you please provide the disclosure not less than 5 days.

TIA.
Charter needs to be filed 15 days before your trial date, not including the day it was faxed and the actual date of the trial date = 18 days before. Today is exactly 15 days. Some prosecutors wont catch this error, so FAX IT TONIGHT!
Deal Addict
User avatar
Apr 8, 2009
1964 posts
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Center of the Univer…
litebrite wrote:
May 13th, 2014 6:14 pm
If I dispute my speeding ticket, request a disclosure, realize I have no case to raise reasonable doubt regarding the charge against me, and choose to pay my speeding ticket, will I be dinged an extra fee? Or will I just be required to pay the original amount?
You'll pay the original OR the prosecutor (almost always) will offer you a deal before asking you to plead guilty/not guilty. If your matter makes it to trial,however and you're found guilty, (ie, you make a plea) you will have to pay extra for court costs.
Member
User avatar
Aug 3, 2011
411 posts
94 upvotes
Toronto
Thanks in advance for anyone reading this post and providing a valuable suggestion. I have a question regarding the DISCLOURE REQUEST. I want to know if I should ask the prosecutor to clarify where the offence has occured.

For the full story, I got a ticket for PEDESTRIAN CROSSING VIOLATION (HIGHWAY TRAFFIC ACT section 140(1)(b)) on March 10, 2014. The ticket mentions that this offence happened at DUNDAS ST W @ SHERATON AV. I requested a trial and I just got the notice of trial (dated on June 11). So I need to request the disclosure very soon.

Now the thing about this ticket is that I strongly believe that I did not violate any traffic law in the first place. If I committed any offence unknowingly, then I would like to know where and when it happened. However, the location of offence stated on the ticket is incorrect (there is no such street as "Sheraton Ave" in Toronto), so I don't know how to prepare my defense in the first place. The closest road that sounds like "Sheraton ave" is "Sheridan Ave". However, there is no Pedestrian Crossing at Sheridan Ave & Dundas St. So I don't know exactly where the officer thinks that I may have committed an offence. FYI, the "pedestrian crossing" I'm talking about is the one where the yellow flashlights goes on & off for the pedestrians (since the officer told me that the yellow flashlight was blinking and I drove without stopping).

[IMG]http://i.imgur.com/NOm2yr8.jpg[/IMG]

Although I do not remember exactly where I got pulled over by the officer, it was on a small neighbourhood road far away from a pedestrian crossing. It was definitely west of Dufferin St. (I remember this because I was going to the Dufferin Mall, but I missed the street (going westbound on Dundas st.) because the street wasn't labelled properly). I think it's either Sheridan Ave. or Brock Ave. (between College and Dundas St).

Now, the only pedestrian crossing that is close to the location is at Rusholme Rd & Dundas St. W, which is at least 500m away from where I got pulled over. I believe that the police chased the wrong vehicle and I got pulled over by mistake.


So here's my dilema: Should I tell the prosecutor that "Sheraton Ave" does not exist, and ask him/her to clarify where I may have committed an offence? Without knowing this, I don't know what kind of defense I should come up with. But then again, will it be in my favour if they cannot say where I may have committed an offence DURING the trial?

Also, should I ask for the prosecutor to provide the disclosure within 5 days? (since the court date is on June)
Banned
May 1, 2014
15 posts
2 upvotes
Toronto, ON
Got a speeding ticket in a construction zone yesterday. This is my first ticket ever :(

Steeles Rd near York University.

The ticket is for speeding at 73km/hr in 40km/hr construction zone (33km/hr over). The fine is $430.

Additional Info:
Before the construction the normal speed limit is 60km/hr. I was driving in the third lane which ends right before the construction. So I was trying to merge into the second lane (hence the speeding). I didn't realize that the 40km/hr speed limit was in effect well before the construction. I checked the next day that there are signs for 40km/hr speed limit before the construction even starts, and this is where I was stopped and given the speeding ticket.

What do you guys recommend I should do.
1. Fight the ticket myself (will they offer a deal to reduce the speed from 33km/hr over to atleast 29km/hr over)
2. Hire someone to fight the ticket (Avoid major conviction and court fees if found guilty)

and How much are the court fees if I am found guilty in a trial?
Deal Expert
Nov 2, 2003
15328 posts
1247 upvotes
Scarborough
n1rav23 wrote:
May 14th, 2014 10:05 am
Got a speeding ticket in a construction zone yesterday. This is my first ticket ever :(

Steeles Rd near York University.

The ticket is for speeding at 73km/hr in 40km/hr construction zone (33km/hr over). The fine is $430.

Additional Info:
Before the construction the normal speed limit is 60km/hr. I was driving in the third lane which ends right before the construction. So I was trying to merge into the second lane (hence the speeding). I didn't realize that the 40km/hr speed limit was in effect well before the construction. I checked the next day that there are signs for 40km/hr speed limit before the construction even starts, and this is where I was stopped and given the speeding ticket.

What do you guys recommend I should do.
1. Fight the ticket myself (will they offer a deal to reduce the speed from 33km/hr over to atleast 29km/hr over)
2. Hire someone to fight the ticket (Avoid major conviction and court fees if found guilty)

and How much are the court fees if I am found guilty in a trial?
avoid major conviction? how is this a major conviction? 33 over is not a major conviction.
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