Automotive

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

Deal Addict
User avatar
Dec 21, 2007
1127 posts
89 upvotes
Markham
Does a failing to obey sign affect your insurance? We were outlined all out options by the officer, but he did state that the incident was recorded on a dash cam for evidence.
Jr. Member
Nov 6, 2005
118 posts
9 upvotes
Georgian wrote:
Jun 22nd, 2014 11:00 am
Thanks. Here is a pic of the ticket which shows section 111 (2.1). Can you tell me if it is 2.1 or just 2? thanks
[IMG]http://i59.tinypic.com/vhchdw.jpg[/IMG]
when I request disclosure, can I request the video footage or picture from the cop's dash camera? then I can show the matress set has indeed been securely tied to my roof rack and is not a violation of the highway traffic acct 111(2) as the cargo has been securedly loaded. Thanks.
Member
Apr 20, 2011
460 posts
16 upvotes
Scarborough
I went to court today and police officer didn't show up, but the prosecutor told me he was on his way, so the only thing I could ask for was an adjournment. I ended up moving the trial out to October 2014. I got the ticket back in April. October would make it about 6 months. What's the rule if a trial for a ticket gets pushed out too far from the original conviction date you can ask for it to be withdrawn? 8 months?
Member
User avatar
Aug 3, 2011
411 posts
94 upvotes
Toronto
Georgian wrote:
Jun 24th, 2014 3:24 pm
when I request disclosure, can I request the video footage or picture from the cop's dash camera? then I can show the matress set has indeed been securely tied to my roof rack and is not a violation of the highway traffic acct 111(2) as the cargo has been securedly loaded. Thanks.
You will get that only if the officer's dashcam is used as an evidence against you. It must be stated in the disclosure that such video/images will be used in the court by the prosecutor.

Otherwise, I don't think you can request it.
Member
User avatar
Aug 3, 2011
411 posts
94 upvotes
Toronto
dainfamous41 wrote:
Jun 24th, 2014 10:49 pm
I went to court today and police officer didn't show up, but the prosecutor told me he was on his way, so the only thing I could ask for was an adjournment. I ended up moving the trial out to October 2014. I got the ticket back in April. October would make it about 6 months. What's the rule if a trial for a ticket gets pushed out too far from the original conviction date you can ask for it to be withdrawn? 8 months?
If I'm not mistaken, it's 10-12 months...
Deal Fanatic
User avatar
Dec 15, 2007
6257 posts
183 upvotes
Edmonton
Arabidopsis wrote:
Jun 23rd, 2014 9:47 am
As far as I know, the judge won't dismiss your case based on that. If you want the charge to get reduced, you must make a deal with the prosecutor directly.

Usually, the judge can show some leniency by allowing the minimum fine and enough time to pay the fine. Normally, you have to pay the fine in 15 days, but I've seen a few cases where you have up to 60 days to pay.

If you absolutely cannot afford the fine, then the judge can lower the amount far below the minimum level (up to half in some cases). But this only happens if you currently have no job and have not worked for awhile. Since you just bought some properties, this won't likely apply to your case.

With any of the plea bargains, it will affect your insurance premium. The only exception is if you got caught by the redlight camera only (assuming it did not identify the driver). However, if you got pulled over by an officer, then you need to get your case dismissed completely.
Do I have to bring some sort of documentation as prove if I'm not working at the moment?

Can you meet with the prosecutor before the trial? When do you talk to the judge for leniency?
Deal Fanatic
User avatar
Dec 15, 2007
6257 posts
183 upvotes
Edmonton
I just read that a fatal flaw is "the filing date is beyond seven days". How do I find out when it's filed and why is it a fatal flaw?

Are these type of "trials" transcribed and is there a way to access it publicly?

In Red Deer, will it be a judge that's presiding or will it be a justice of the peace?

Just found out that you can request a transcript for a trial for up to ten years. "A record must be kept for a period of 10 years from the making of the record after which time the Court of Queen's Bench may order that the record be erased, cancelled, or otherwise destroyed." Does this mean that I can still access it if the Court doesn't specifically order it to be destroyed?

Is the police officer the prosecutor in this case or is he a witness and there's a crown appointed prosecutor?
Member
User avatar
Aug 3, 2011
411 posts
94 upvotes
Toronto
napoleon1769 wrote:
Jun 25th, 2014 4:28 pm
Do I have to bring some sort of documentation as prove if I'm not working at the moment?

Can you meet with the prosecutor before the trial? When do you talk to the judge for leniency?
I don't think you need a document to prove that you are not working currently. No one did that in the court, but I don't know if this was verified before or not...

The judge will ask you if you can pay the fine AFTER you plead guilty. If you say no, then (s)he will ask you why. If the reason is appropriate, then you will be asked how much you can pay and how much time you require to pay that fine.

And yes, you can meet with the prosecutor before the actual trial*.

*There are actually 2 steps that I know of: first, it's a pre-trial where the judge will ask you how you plea, etc. This is where you state whether you want adjournment/staying the case/plea (not) guilty/, etc. (S)he will decide whether it will be allowed or not. If you have not got the disclosure just before this pre-trial, then (s)he will allow you to see the prosecutor and the officer outside of the courtroom. After the discussion with the prosecutor, you will have to decide whether you want to proceed with the trial on the same day. Only other options are pleading guilty or asking for an adjournment. Once you come back to the courtroom, the judge will summon you to state how you want to proceed. If you want a trial, then you will face the ACTUAL trial later that day.
Member
User avatar
Aug 3, 2011
411 posts
94 upvotes
Toronto
napoleon1769 wrote:
Jun 25th, 2014 4:30 pm
I just read that a fatal flaw is "the filing date is beyond seven days". How do I find out when it's filed and why is it a fatal flaw?
I don't know much about this...so maybe someone else can comment on this?
napoleon1769 wrote:
Jun 25th, 2014 4:30 pm
Are these type of "trials" transcribed and is there a way to access it publicly?

In Red Deer, will it be a judge that's presiding or will it be a justice of the peace?

Just found out that you can request a transcript for a trial for up to ten years. "A record must be kept for a period of 10 years from the making of the record after which time the Court of Queen's Bench may order that the record be erased, cancelled, or otherwise destroyed." Does this mean that I can still access it if the Court doesn't specifically order it to be destroyed?

Is the police officer the prosecutor in this case or is he a witness and there's a crown appointed prosecutor?
As far as I know, the pre-trial is not recorded, but the actual trial is. At least in Ontario, it's the justice of the peace that will conduct everything regards to your traffic offence, unless there's a criminal charge associated with it.

The police officer is just a witness. There is a crown appointed prosecutor who will take on your case.
Jr. Member
Jul 26, 2004
194 posts
5 upvotes
I got a speeding of 70 Km in an area of 50 Km.
I requested a disclosure. Not sent. Appeared in trial. Justice ordered crown to give me info and adjourned for a week.

The disclosure is just a fill in info at the back of the ticket. Two mistakes there about the location of where I stopped and the number of people in vehicle. I believe both are non-fatal. No print out of the lidar nor any photos. Can I use an argument that if the officier made those mistakes, he might have made a mistake on reading the lidar. if not, what do u suggest?

My recrod is two speeding tickets in 2007 and 2009.
Thanks in advance.
Newbie
Dec 24, 2007
11 posts
Toronto
What happens when an out-of-province ticket is quashed? I understand that they have to serve a ticket to you in person, within 6 months. Are they really going to travel to the defendant's hometown to reserve it?
Newbie
Nov 25, 2014
4 posts
Toronto, ON
So, like the poster a few pages back I got a $40 ticket for having an invalid sticker outside of St. Mikes in Toronto. My situation has a bit of a twist. They wrote down my plate number wrong, entering a D where a 0 exists. Looking over the `code`and reasons for having a ticket dropped I found this to be the only violation that will NOT be dropped under any circumstances.

Can they track me down?

*Forgot to add. This is a Parking Violation. I wasn't pulled over by a cop.
Newbie
Sep 7, 2009
22 posts
Ontario
I just received a ticket for driving while using a handheld device. I've shown the officer, that it was a GPS and I just adjusted it's position below the dashboard (it was not mounted) and he proceeded to give me a ticket anyway. The only thing is that he DID NOT enter the date or time of the violation, just year 2014.

Is the ticket still valid? What do I do? Ignore it, go to trial? Ask for appointment with prosecutor? What to do and when? Can the officer/judge still amend the ticket?

Any advice is appreciated.

I already found out from your post that this is considered "fatal error", but I want to make sure that I do it right.

Thank you.
Deal Guru
User avatar
Nov 21, 2009
12732 posts
1786 upvotes
damamaj wrote:
Jun 26th, 2014 8:51 pm
I just received a ticket for driving while using a handheld device. I've shown the officer, that it was a GPS and I just adjusted it's position below the dashboard (it was not mounted) and he proceeded to give me a ticket anyway. The only thing is that he DID NOT enter the date or time of the violation, just year 2014.

Is the ticket still valid? What do I do? Ignore it, go to trial? Ask for appointment with prosecutor? What to do and when? Can the officer/judge still amend the ticket?

Any advice is appreciated.

I already found out from your post that this is considered "fatal error", but I want to make sure that I do it right.

Thank you.
this is not a fatal error
Deal Guru
User avatar
Nov 21, 2009
12732 posts
1786 upvotes
WalkerGal wrote:
Jun 26th, 2014 5:58 pm
So, like the poster a few pages back I got a $40 ticket for having an invalid sticker outside of St. Mikes in Toronto. My situation has a bit of a twist. They wrote down my plate number wrong, entering a D where a 0 exists. Looking over the `code`and reasons for having a ticket dropped I found this to be the only violation that will NOT be dropped under any circumstances.

Can they track me down?

*Forgot to add. This is a Parking Violation. I wasn't pulled over by a cop.
if this is a parking ticket, wait until you receive a notice in the mail
http://ticketcombat.com/parking/parking.php

what kind of violation does it say it was? what section, by-law, etc

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