Automotive

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

Newbie
Sep 2, 2008
92 posts
1 upvote
Toronto
i received my disclosure, but i asked for the cops radar training and didn't receive it in the package...what should i do
Deal Addict
Jul 28, 2003
1879 posts
55 upvotes
Toronto
Well, no response to my questions. I am waiting at the Court for my trial to start.

I read over the thread and found similar situations that may help. I hope they are sufficient to stay the proceedings.

Details:
-parking ticket Jan 19, 2014
-notice to appear in court filed
-notice of trial received for May 29
-disclosure request sent April 30
-2nd disclosure request sent May 14
-disclosure (improper) received May 26.

I asked for the 6 items in te template provided by djino. Only 2 items provided (officer notes, and certificate of parking infraction)

I hope to be granted a motion to stay the proceedings as my rights under section 7 of the Charter have been violated.

If need be, I will argue Section 17.1 of the Provincial Offences Act, which stated that evidence required for a conviction are certificate of vehicle ownership, notice of trial, and certificate of parking infraction. Since these were not provided in my disclosure, it shows the prosecution has made an error in the handling of my case.

If there is something missing that I should consider, hopefully someone will respond before I go in to Court at 9AM.
Sr. Member
Aug 29, 2006
643 posts
9 upvotes
Thanks for the thread!

I got a speeding ticket in Niagara (I live in Toronto) about 3 wees ago. I was going 87 in a 50, but the cop dropped to 60 in a 50. I know about the point system and that any infraction will cause my premiums to increase, but in order for me to fight this ticket I would have to take a day off work, to drive to Niagara and file the paperwork, then take another day off to go to trial. If they postpone the date I could be making a third trip to Niagara.... something I don't have time to do. I went on Ticket Combat and opted to use the other method - the "do nothing" method. I havent received any notices in the mail yet, but if I do, do I have any recourse other than to simply pay the ticket?

Thanks!
Deal Addict
Jul 28, 2003
1879 posts
55 upvotes
Toronto
So I went to trial. This is in the City of Mississauga, at 950 Burnhamthorpe.

Presiding was Justice Barnes, I believe.

I wish djino was still responding to this thread, as he was very active in doing so before.

My motion to stay was outright denied. The Justice refused any reason or explanation as to why.

When I stood up after being called, I was asked my intention.

I stated "I would like to motion to stay the proceedings as my rights to disclosure under Section 7 of the Charter have been violated."

The Justice turned to the Madam Prosecutor. She claimed to not receive any request for disclosure.

The Justice asked me what I was requesting. I read the list as found in the template provided by djino in this thread.

The Justice scoffed, and claimed it was a long list for just a parking ticket.

The Justice advised that no request was received, so I should learn to submit it to the proper place.

I had the response from Prosecutor's Office with the copy of my request, which proved it was received. I showed it to the Justice, and his response was that he will definitely not be granting a Stay.

I referenced Section 17.1 of the Provincial Offenses Act stating the 3 pieces of evidence required to convict. I advised that I asked for this information in my request, and it was not provided to me by the Prosecutor.

The Justice showed me that the Court did have all pieces of information with them today.

I proclaimed that the remedy that I am asking from the Court is to stay the proceedings. The Justice's response was that his remedy would be to provide me with a photocopy of the information he had to convict me.

As it was obvious the Justice already stated he would definitely not be granting a stay, I asked for an adjournment to prepare my defence.

My trial has been adjourned to June 26.

The whole thing was nerve wracking for me, as I always had an anxiety speaking in front of a crowd, especially when I am not comfortable with the situation.

It appears I was given only 3 of the 6 items. The Court and the Prosecution claim they do not have anything else.

Is this still grounds for a stay?

Any tips would be appreciated.
Deal Addict
May 26, 2008
1266 posts
377 upvotes
Thornhill
risktaker84 wrote:
May 13th, 2014 4:07 pm
Can we discuss speeding tickets gotten in the states? New York specifically? Seeking for help :(
Saibot wrote:
May 13th, 2014 4:17 pm
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.
Ok so after a bit of research I came across a couple of threads on here that affiliate with speeding in upstate New York. I didn't hire a attorney, rather pleaded not guilty and asked for a reduction form.

Here is the thing, I got a letter from Court suggesting me to write as to why the ticket should be reduced? But then the next day I get a letter from the Town Prosecutor saying this, (Quote is from the Letter word by word)
As Town Prosecutor, I have reviewed the circumstances surrounding your case. As a result I am willing to recommend a reduction to Vehicle & Traffic Law Section 1163.E - No/Improper Use 4-ways (2 points, Non-speed Infraction) in full satisfaction of the charge pending against you. This charge does not transfer to your Canadian License.
Now I Google'd the charge 1163.E and it's "FAILED TO USE EMERGENCY FLASHERS" law with a fine of $218.00

Should I take the Plea offer? I hope after taking this Plea my insurance doesn't go up. I have a clean record with no accidents or speeding for the past decade.

Any feedback will be highly appreciated. Thanks!
Deal Addict
Aug 27, 2011
3047 posts
339 upvotes
Toronto
risktaker84 wrote:
May 29th, 2014 9:58 pm
Ok so after a bit of research I came across a couple of threads on here that affiliate with speeding in upstate New York. I didn't hire a attorney, rather pleaded not guilty and asked for a reduction form.

Here is the thing, I got a letter from Court suggesting me to write as to why the ticket should be reduced? But then the next day I get a letter from the Town Prosecutor saying this, (Quote is from the Letter word by word)



Now I Google'd the charge 1163.E and it's "FAILED TO USE EMERGENCY FLASHERS" law with a fine of $218.00

Should I take the Plea offer? I hope after taking this Plea my insurance doesn't go up. I have a clean record with no accidents or speeding for the past decade.

Any feedback will be highly appreciated. Thanks!
Some people here on this thread in the New York Speeding thread said that they were able to plead to an expensive parking ticket. Perhaps you should try aiming for that.
Newbie
Dec 24, 2007
11 posts
Toronto
When receiving a summons that has a mandatory court appearance, what would somebody's option during the actual appearance? At the appearance, do you strictly say "Not Guilty" or "Guilty", or is there an option for an adjournment, stay, etc, due to disclosure not being received on time? This is appearance that is before the actual trial.

Thanks.
Newbie
Jun 29, 2014
8 posts
1 upvote
Toronto, ON
Hello folks, I just got a traffic offence ticket 'Disobey Stop Sign - Failing to stop at Stop sign' for $110. I know I should have stopped and waited for 3sec then go but it was one of those days... the intersection was empty and I did not see the police officer.. I apologized to the officer and was very polite all time so he recommended me to review the back options carefully.

I want to fight the ticket and hopefully get it dropped but I need your advice here.... so on the ticket I noticed that:

1- the actual street name on the street sign is spelled "Elia Ave" but on the ticket is spelled as "Elia Av" (missing "e")
2- the time on the ticket is written as 19:50pm


based on all or any of the above observations, is there a possibility to get this ticket/charge to be dropped? any advice will be appreciated.. my insurance is already sky-high because of the area where i live and me being under 25.
Newbie
May 7, 2014
19 posts
2 upvotes
Burnaby, BC
Saibot wrote:
May 12th, 2014 3:51 pm
Link me to one useful post you've made mr.Goodie2Shoes


p.s keep in mind the topic is "Ask me anything about fighting your traffic ticket (Speeding, Parking, etc.)"

from your posts, it seems that all your replies are "don't fight it."
Thankyou, SurplusPlus seems to think my violation is legit, when in fact, the law speaks for itself. The loopholes in the Motor Vehicle Act make this seem like a home-run for me. Surely, the officer can present evidence such as speeding, or anything else, but wouldn't it just be hearsay if the charges were not laid? In my mind, it'd be like if I were to be like 'well the driver in front of me was driving too slowly thus constituting a dangerous action', and the judge agreed, based on what I said. I'm just saying, in a court of LAW, doesn't there need to be some sort of 'charge' laid in order to use evidence such as 'speeding' in a case like this? In my mind, speed is irrelevant, and a lawyer I talked too told me that if the speeding issue is not brought up, I can win. So I don't think your post is relevant. Sorry.
Newbie
Jun 23, 2014
2 posts
Edmonton, AB
Hello,

I have requested a trial date for June 6th, next friday. I recieved a speeding ticket from a police officer on April 15th for going 117 in a 100 zone. Now the reason why I am choosing to fight it is because I know for a fact that I was not going that fast. I was travelling westbound behind a vehicle that was being inconsistent with their speed, between 90 - 100, so I decided to pass. Now it wasn't until I changed lanes to pass that I saw the police officer travelling ahead (westbound as well) in front of the vehicle I was passing. Since I felt I had a good reason to pass I continued passing and, for obvious reasons, was watching my speedometer VERY closely. I did not go above 110. I am willing to admit to that and pay a ticket for it...but 117 absolutely not. So the PO pulled off the road and then back on to pull me over. He said the vehicle behind him was doing 100 so I "essentially had to be doing 117 to pass" and then he proceeded to write me a ticket for 117.

Furthermore, later on when I actually took a good look at the ticket I realized that he marked on it that he radar-ed me doing 117. Now I may not know much about radar but I wasn't aware that a PO could get an accurate reading from a vehicle when they are driving behind them and in the opposite lane.

Now I know what speed I was going but I am starting to get a little worried about this trial. Assuming the police officer shows, all this would be is he said, she said. I don't know why he would put radar when I am certain he couldn't have gotten a proper reading.

Anyways, any advice would be much appreciated.

Thank you,

Sarah
Deal Guru
Aug 26, 2002
12308 posts
4121 upvotes
Toronto, ON
Kavin12 wrote:
May 29th, 2014 11:13 pm
Hello folks, I just got a traffic offence ticket 'Disobey Stop Sign - Failing to stop at Stop sign' for $110. I know I should have stopped and waited for 3sec then go but it was one of those days... the intersection was empty and I did not see the police officer.. I apologized to the officer and was very polite all time so he recommended me to review the back options carefully.

I want to fight the ticket and hopefully get it dropped but I need your advice here.... so on the ticket I noticed that:

1- the actual street name on the street sign is spelled "Elia Ave" but on the ticket is spelled as "Elia Av" (missing "e")
2- the time on the ticket is written as 19:50pm


based on all or any of the above observations, is there a possibility to get this ticket/charge to be dropped? any advice will be appreciated.. my insurance is already sky-high because of the area where i live and me being under 25.
No, those are not fatal errors so it won't get your ticket dropped. Since you've admitted your guilt to the officer by apologizing, really the only chance you have in getting your ticket dropped is if the officer doesn't show up on court date. So you can go with option 3 and see if luck is on your side. In the meantime, once you have your court date, file a request for disclosure and see what the officer's notes say. See if there is any opportunity to poke holes in his version of events.
Newbie
Jul 7, 2014
1 posts
Edmonton, AB
Hi there!

I'm in Edmonton. I got a ticket for going 108 km/hr in a 70 km/hr zone on the Henday. I was in the 100 km/hr speed zone when I passed the car in front of me (who decided to pace me and then pulled back suddenly); the 70 km/hr speed change sign came up as I was getting back into the right lane. Which I didn't see until I drove past it. Apparently the speed drop is because there is a construction zone there, but there was no construction going on, and there were no indicator signs of one coming up before the 70 km/hr sign (I drove back later to see if I missed one). The police were lasering right after the posted 70 km/hr sign, and I was lasered as I got back into the right lane after completing my pass of the vehicle that was ahead of me. The Henday isn't a route I travel often; I was not anticipating a speed change until the exit ramp (like all exit ramps), and I definitely wasn't anticipating a speed drop because of a construction zone. The police officer indicated my fine was doubled because the speed drop signals the start of a construction zone. My ticket is for nearly $500. I have a clean driving record; no tickets, no accidents. And, of course, my car insurance is up for renewal next month. I checked into those ticket companies who fight tickets for you, but they want between $200-$300. That's just too much. I don't know what to do... just suck it up and pay it off? Fight it? And if I fight it, how or what do I do/what's my best course of action?
Newbie
Jun 29, 2014
8 posts
1 upvote
Toronto, ON
Oh also, I just noticed that the officer did NOT sign the ticket (no signature) :confused: would that help in anyway to drop my ticket ??
Newbie
Dec 22, 2013
15 posts
Kavin12 wrote:
May 30th, 2014 12:57 pm
Oh also, I just noticed that the officer did NOT sign the ticket (no signature) :confused: would that help in anyway to drop my ticket ??
I believe that is a fatal flaw. You should be able to beat the ticket.
Newbie
Jun 29, 2014
8 posts
1 upvote
Toronto, ON
rkoken wrote:
May 30th, 2014 4:03 pm
I believe that is a fatal flaw. You should be able to beat the ticket.
this sounds good.. silly question, I have no clue what to say there to point out this fact. any suggestion? like how can I express that in an English sentence in the court?

thanks

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