Automotive

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

Deal Addict
Nov 22, 2009
2430 posts
449 upvotes
Toronto
azndimsumjai wrote:
May 24th, 2014 12:44 pm
I don't think this is the complete case. I think the case was that you went to court unprepared, you did not request disclosure in a timely manner, and you did not try to adjourn based on the fact that proper disclosure was not given to you in a timely manner. For the no number argument you can state that the court sends you a notice in the mail about the trial date and as such the prosecutors office should be able to too. You should also state that in other jurisdictions they are able to do this. Forcing you to trial on the spot without ample time to prepare a defense is extreme prejudice against you and you should have argued it in that sense.

Also, the point of adjournment isn't hoping that the officer does not show up, the point of adjournment is to delay the trial past 10.5 months where you can file an 11(b) and have the trial stayed. If you go to war unprepared expect to get demolished. Please do not advise others just to pay for everything as it is pointless, there have been people who are successful in getting stays and there have been people who have not been. It all depends on how hard you work to prepare, what kind of case law you can cite. You let the prosecutor bully you and did not stand your ground for your rights at all. The best thing to do is to have everyone in the world try to clog up the system by arguing stays and adjournments. The more people that do this, the more time court takes and the more likely more people are able to file for 11(b).
I did thought of asking for an adjournment, and hoping to file for 11 (b), however I've been there since morning and have watched approx 200 ppl, and most of the people and all of the lawyers/paralegals plea guilty. The ones that asked for an adjournment from what I've heard don't really get it after like 9+ months (and I had a "wanna get this over with" feeling).

As I've already said it's just from what I've observed. The ones that challenges the evidence with the color of car/what is traffic like/what was the weather like/laser calibration/was officer trained etc never worked from what I've seen that day. Maybe it's just that particular day.

I've also said that they should still request a trial, but in terms of actually hoping to win based upon cross/examinations etc, unless you have absolute proof, I don't think it would work (my opinion).

What's freakin annoying was that they all seem to be familiar with each other....prosecutor...officer...justice.
Newbie
Dec 24, 2007
11 posts
Toronto
wisemanleo wrote:
May 16th, 2014 1:02 pm
My friend, Reindeer, has an Ontario Driver's License and was driving on Highway 63 in Alberta where he was issued a Court Summons. The Summons has no option to pay, and already has a court appearance date scheduled for June 26th, in Alberta. Reindeer does not live in Alberta.

Speed Limit: 70km/hr
Speed: 126km/hr (for approximate duration of 25 seconds)

Speed limit on Highway 63 frequently changes from 100, 70, 50 and back to 100 in a matter of kilometres.

Options on back of ticket are:
1. Voluntary Payment (not applicable in this case since a court appearance date is already scheduled on the ticket itself)
2. Plead Not Guilty
3. Appear before Justice to make plea

Actions Taken as of May 24th
- Chose Option 2 and mailed back ticket by registered mail to the court house
- Sent Disclosure Request (TicketCombat template) to prosecutor's office

Reindeer says thanks.
I'd like to bump my own post up...seemed to have slipped through the net. Reindeer's first appearance is coming up soon. If the requested disclosure materials are not received by June 26th, the first appearance date, should the Reindeer plea neither guilty and not guilty, and request more time?

Reindeer would like to get free consultation in Ontario, as he lives there. Would a lawyer or paralegal service be best suited for this?

Thanks!
Deal Addict
Nov 22, 2009
2430 posts
449 upvotes
Toronto
wisemanleo wrote:
May 24th, 2014 2:57 pm
I'd like to bump my own post up...seemed to have slipped through the net. Reindeer's first appearance is coming up soon. If the requested disclosure materials are not received by June 26th, the first appearance date, should the Reindeer plea neither guilty and not guilty, and request more time?

Reindeer would like to get free consultation in Ontario, as he lives there. Would a lawyer or paralegal service be best suited for this?

Thanks!
Speed limit 70km/h, speed 126km/h.....wow and I thought 20km/h over limit is bad.

"Speed limit on Highway 63 frequently changes from 100, 70, 50 and back to 100 in a matter of kilometres"

Does the speed chang from 70 to a sudden 120? Or did it change gradually, like 70 to 90, then from 90 to 100+?
Newbie
Nov 18, 2014
41 posts
2 upvotes
Cambridge, ON
wisemanleo wrote:
May 24th, 2014 2:57 pm
I'd like to bump my own post up...seemed to have slipped through the net. Reindeer's first appearance is coming up soon. If the requested disclosure materials are not received by June 26th, the first appearance date, should the Reindeer plea neither guilty and not guilty, and request more time?

Reindeer would like to get free consultation in Ontario, as he lives there. Would a lawyer or paralegal service be best suited for this?

Thanks!
My opinion, get a lawyer/paralegal
Newbie
Dec 24, 2007
11 posts
Toronto
blitzforce wrote:
May 24th, 2014 3:28 pm
Does the speed chang from 70 to a sudden 120? Or did it change gradually, like 70 to 90, then from 90 to 100+?
The speedlimit on Highway 63 can change from 100, to 50, to 70, 100 randomly and all within a few kilometres. It is not gradual. Also, in one section, the speed limit will say "50 zone begins" and then it will end with "70 zone ends".....?!
jjbffb wrote:
May 24th, 2014 6:04 pm
My opinion, get a lawyer/paralegal
Thanks.
Sr. Member
Sep 29, 2007
504 posts
98 upvotes
Port Colborne
Great thread, djino et al. Learning a lot here. Hoping to gather some wisdom:

I've been handed two speeding tickets in the last 2 weeks.

The two tickets received were:

1) 17th of May, 15 over 80, R code. Ticket face appears OK. Intending to file notice of appear in court this week.
2) 25th of May, 29 over 80. Ticket face has one glaring error -- the municipality is wrong. I have confirmed this via Google Maps and via Niagara Region's official GIS service. I don't believe this is fatal. But how can I leverage this? It states: "ABC RD AND XYZ ST [incorrect municipality]" then underneath, "Regional Municipality of Niagara" is hard coded onto the ticket face above Municipality.

Thanks for all your help.
Newbie
Sep 2, 2008
92 posts
1 upvote
Toronto
i got a letter back regarding my disclosure request. it says for me to come pick it up - "unfortunately we cannot mail the disclosure to you, as we require a signature for the documents as confirmation of receipt"...wtf?
Newbie
Apr 30, 2014
2 posts
North Vancouver, BC
goothu99 wrote:
May 25th, 2014 10:27 pm
i got a letter back regarding my disclosure request. it says for me to come pick it up - "unfortunately we cannot mail the disclosure to you, as we require a signature for the documents as confirmation of receipt"...wtf?
They can register mail it to you with required signature from recipient.
Do not put down any other forms of contacts when requesting for disclosure, eg: phone numbers, address, emails, just your mailing address
Deal Addict
Jul 28, 2003
1879 posts
55 upvotes
Toronto
I have two court dates. One on May 29, the other on June 3.

These are for parking tickets in Peel Region.

I sent a disclosure request to the Prosecutor's office via fax on April 30, 2014. I sent a follow up request on May 14, 2014. I have not received anything to date.

I will go back through this thread regarding how to proceed regarding lack of disclosure. Does anyone have any updated tips to give me? Is it more likely that I will just be given and adjournment?

Thanks in advance!
Deal Addict
Jul 28, 2003
1879 posts
55 upvotes
Toronto
MadCow wrote:
May 26th, 2014 10:03 am
I have two court dates. One on May 29, the other on June 3.

These are for parking tickets in Peel Region.

I sent a disclosure request to the Prosecutor's office via fax on April 30, 2014. I sent a follow up request on May 14, 2014. I have not received anything to date.

I will go back through this thread regarding how to proceed regarding lack of disclosure. Does anyone have any updated tips to give me? Is it more likely that I will just be given and adjournment?

Thanks in advance!
Hmm. All instructions regarding requesting a stay of the proceedings involve filing an application 15 days prior to the trail. Since it is 2 days prior to my trial, that is not possible. There is mention that we can legally request a stay on the day of trial in front of the Justice.

Has anyone done this successfully? I did have one case where the prosecutor dropped the charges for me when he noticed I didn't receive disclosure. I can't always be so lucky, so I feel that I should prepare in case I need to argue my position.

When I am asked to enter my plea, do I state "I move to stay these proceedings on the basis of non-disclosure"? Or do I say my motion is "on the basis of my rights under Section 7 of the Charter of Rights and Freedoms being violated/unfulfilled"? What is the proper argument to use?
Sr. Member
Sep 29, 2007
504 posts
98 upvotes
Port Colborne
DealsFreak wrote:
May 26th, 2014 2:52 pm
but then the car behind me would have hit me.
their problem, not yours
Jr. Member
Jan 26, 2007
151 posts
2 upvotes
Djino,

Offense date was February 26, 2014. I received trial notice for June 13, 2014 on March 23, and sent them registered letter "Request for Disclosure" on March 24.

Today, May 26, still no response from Prosecutor's office. What is my next step? Should I send now "Request to Stay"?

Please advise, hence it is 15 day left until trial and I did not receive any disclosure.

Thank you.
Deal Addict
Feb 20, 2008
2447 posts
382 upvotes
Nofirstname wrote:
May 26th, 2014 10:26 pm
Djino,

Offense date was February 26, 2014. I received trial notice for June 13, 2014 on March 23, and sent them registered letter "Request for Disclosure" on March 24.

Today, May 26, still no response from Prosecutor's office. What is my next step? Should I send now "Request to Stay"?

Please advise, hence it is 15 day left until trial and I did not receive any disclosure.

Thank you.
If you just sent one request, you haven't been very proactive. I would get an adjournment and ask again. You have to show that you have tried (and failed) several times to receive the disclosure that you require to defend yourself.
Sr. Member
Sep 29, 2007
504 posts
98 upvotes
Port Colborne
I just filed a notice to appear on my first ticket. There was an option on there I didn't read about in the OP, it asked if I wanted to challenge the officer's evidence and have him testify in court Yes/No. I selected Yes. They said I'd receive a court date within 6-8 weeks.
Deal Addict
Aug 27, 2011
3047 posts
337 upvotes
Toronto
Millstone wrote:
May 28th, 2014 5:23 pm
I just filed a notice to appear on my first ticket. There was an option on there I didn't read about in the OP, it asked if I wanted to challenge the officer's evidence and have him testify in court Yes/No. I selected Yes. They said I'd receive a court date within 6-8 weeks.
What province are you in? THe OP tends to be about Ontario.

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