Automotive

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

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
Deal Addict
Aug 27, 2011
3047 posts
337 upvotes
Toronto
SarahJG wrote:
May 30th, 2014 10:08 am
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
Um, Radar can be used for cars in other lanes.
Deal Guru
Aug 26, 2002
11712 posts
3755 upvotes
Toronto, ON
Kavin12 wrote:
May 30th, 2014 4:21 pm
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
In that case, choose Option 2 for early resolution meeting and tell the prosecutor that you were served an improper ticket that was not signed by the officer. The prosecutor should drop the ticket.
Newbie
Jun 29, 2014
8 posts
1 upvote
Toronto, ON
rvs007 wrote:
May 30th, 2014 4:53 pm
In that case, choose Option 2 for early resolution meeting and tell the prosecutor that you were served an improper ticket that was not signed by the officer. The prosecutor should drop the ticket.
Thanks so much rvs007 and to everybody on this forum for the help. I already proceeded with option 3 Trial Option, and now just waiting on the Trial date. it has been two days since i applied for option 3. should i request a change to option 2 or just stay with option 3 ?
Deal Guru
Aug 26, 2002
11712 posts
3755 upvotes
Toronto, ON
Then just go for the court date and speak to the prosecutor before the trial and tell him the same thing. He should be able to get the JP to dismiss it. I still recommend you request disclosure and specifically ask for a copy of the ticket, and see if that has been signed. If it has, then the officer probably signed it after the fact and the ticket should be dropped.
Newbie
Nov 18, 2014
41 posts
2 upvotes
Cambridge, ON
SarahJG wrote:
May 30th, 2014 10:08 am
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
Sounds a lot like my situation I finally just went to court house today to submit my notice to attend trial. Keep me posted if you don't mind.
Newbie
Nov 25, 2008
97 posts
1 upvote
I filed for disclosure today. But my court date is in 2 weeks. I had months to do it but was quite busy. If I'm not given disclosure by the trial what should I do?
Newbie
Jul 10, 2014
1 posts
First of all, what a useful thread. So much information, but golden information! I got a good idea of what I should do already, but would like more.

I received an HOV ticket of $109 today. I was using Google Map, and it told me to take exit "28A" from the highway I was on in BC. There was also an exit "28B". I did notice that to take 28A, I would have to go onto the HOV lane. But as it is the case of the time, if the exit has the same number but one has A and the other has B after it, they are going the opposite direction on the same road. So, I took the exit 28A which required me to take the left HOV lane and then turn off from it. And boom. The cops were waiting on full force around the bend. 28A and 28B were meant to merge. And I didn't know this since this part of the highway was new. I was not the only one either as there were about 5 to 6 officers all with at least one car pulled over and some had another car waiting to be ticketed after!

From what I've studied on this thread, my current plan is this: dispute it, then request disclosure, hope for no response, and/or no show from the officer. If no disclosure but officer shows up, I request for a stay, and have the trial rescheduled. If I am lucky, the court schedule will be delayed long enough that I can claim that my constitutional rights were violated (11b I think? I'll need to review this further later on!) and try to have it thrown out. If all else fails, I would face trial and make a case of due diligence - I was morally innocent, and the street signs were confusing and new. I could build my case by questioning the officer on how many his team pulled over that day, and whether this is usual for a not so busy street to have so many HOV violators etc to build a case that the new change in the exit confused many, and the police force knew of this confusion, and took advantage of it!

So is my plan good so far? Any improvements you would suggest? Also, the officer had a bad hand writing and he accidentally wrote down the wrong time on the ticket - off by 5 hours. This is a trivial flaw that I should not bother with right? Or can I try to use it to build my case?
Newbie
Jun 23, 2014
2 posts
Edmonton, AB
joepoonie wrote:
May 30th, 2014 4:52 pm
Um, Radar can be used for cars in other lanes.
He can radar me when I am driving behind him on a two lane highway in the oncoming lane? Anything I have read about radar is that for the few PO cars that have the ability to radar behind them, when that do get a reading you have to be directly behind them....not in another lane. And the fact that I know what speed I was going tells me that he obviously did not radar my speed.
Newbie
Jul 14, 2014
82 posts
New Westminster, BC
I received a ticket for doing a u-turn at an intersection in Vancouver. I recently moved here from a place where u-turns are acceptable where there is no no-u-turn signs. I was honestly believing I was following the law. In addition I've seen streets where there are no u-turn signs so I was under the impression that I was following the law and was going by my driver training. At the very least this is confusing signage. And since I was given a drivers license without being tested on these laws I was sure they would have explained (or tested me on) the differences if there were any.

This makes me wonder what other laws I'm inadvertently breaking.... are we really expected to go through driver training again when we change cities or is this worth fighting on the basis I was properly following my driving school training and was never tested (or explained) on Vancouver laws?
Deal Addict
Aug 27, 2011
3047 posts
337 upvotes
Toronto
SarahJG wrote:
May 31st, 2014 6:18 pm
He can radar me when I am driving behind him on a two lane highway in the oncoming lane? Anything I have read about radar is that for the few PO cars that have the ability to radar behind them, when that do get a reading you have to be directly behind them....not in another lane. And the fact that I know what speed I was going tells me that he obviously did not radar my speed.
Don't know where you got your info from, but unless Alberta police cars are different from Ontario police cars, they can radar you from behind and from another lane.

BTW, since speeding is an absolute liability offence, the police officer needs to only prove that you're speeding to convict you. Whether you were travelling at 117 or claiming to go 110 is irrelevant if you were speeding.

Good luck going to court and telling the judge that. You'll get convicted and once the officer produces his evidence, you'll most likely get convicted going at 117.
Newbie
Jul 21, 2014
1 posts
hi everyone, i have a court date tomorrow at 10am (i know this is last minute) but I plan to plead not guilty as I've read this is my best bet... My only questions are:
1) If I ask the prosecutor whether their witness (the cop) is present or is planning on showing up, if they tell me the cop is not coming, and I plead not guilty, what if the cop does show up? Can I change my plea because the prosecutor was wrong?
2) What if the prosecutor refuses to tell me whether the cop is showing up (as I've read this has happened before)? Can I demand that they tell me?
3) If the cop does show up, should I try and plea-bargain? I know that demerit points don't matter when it comes to insurance, only a conviction does... but I really have no way to fight the cop as I did not ask for disclosure and I was speeding 18km over the speed limit. So should I just plea-bargain so I'll at least have a reduced ticket/less demerit points?

Thanks so much, I'm only 21 I have no idea how court works and I'm pretty nervous.
Newbie
Jul 14, 2014
82 posts
New Westminster, BC
SJKee00 wrote:
May 31st, 2014 3:20 am
I received an HOV ticket of $109 today. I was using Google Map, and it told me to take exit "28A" from the highway I was on in BC. There was also an exit "28B"
Looks like Google Maps got both of us and that could have been me! Google maps has told me that same thing although I ended up taking the B exit by mistake - I guess that mistake was good for me. My situation is a bit different though - Google told me to make a U turn at an intersection and since there was no no uturn sign I obliged (also new to driving in the city and had no idea about the fact that u turns were illegal here).

But yeah I agree with the signs being bad in Vancouver - that is what ended up getting me. Do you think that could be a defense?
Deal Guru
Aug 26, 2002
11712 posts
3755 upvotes
Toronto, ON
Drivers should not be relying on Google Maps and should be observing all traffic signs at all times. I can see the JP would get pretty amused if you try to base your defense on "well, your honour, Google Maps told me to exit here..." Also, you are expected to know and respect the traffic laws in where you are driving, regardless of whether you are new to the area or if the signs/road is new.
Member
Sep 22, 2013
203 posts
Toronto
Hello, I have received the Speeding ticket of going over 35 km/h at Barrie Ontario.
My ticket was issued on April 24th 2014, I received the notice of the trial on May 30th.

My trial is on July 20th 2014.

I only have about less than 2 months to prepare for my trial.

I was planning on sending in the disclosure request through registered mail at first but when I have called the Barrie location's service for the persecutor's address and they told me that they do not send the disclosures out through registered mail. They suggested that send the request through email and I will receive it through email. The step by step guide I thought that it is better to request disclosure through mail?

should I request it through mail, pretending not knowing that they won't send through mail
and say that during the trial that I did not receive and disclosures so ask for Stay?

Please help.

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