Automotive

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

Newbie
Dec 14, 2014
2 posts
Woodbridge, ON
JusticeForAll wrote:
Oct 14th, 2014 9:56 pm
Trial date scheduled more than 8 months away

The first thing I want to bring your attention to is your trial date and the offence date. Is the trial date scheduled more than 8 months away from the offence date? If no, skip this paragraph. If yes, you should know that if you have already changed your trial date multiple times, you would have waived your right to be tried promptly. But if the trial date is scheduled more than 8 months away through no fault of your own, then your right to a prompt trial (Charter of Rights and Freedoms, or Charter) may have been violated.

At least 15 days before the trial, file a form called "Notice of Constitutional Question" or something similar (FORM 4F, Courts of Justice Act). The purpose of this form is to give notice to the Crown that you wish to dispute the charge using Charter arguments. After you file the form, wait for the trial. At trial, when you are asked to enter a plea, state that "I ask that the charge be stayed on the grounds that my right to a prompt trial as guaranteed by the Charter has been violated, through no fault of my own, and that this unreasonable and undue delay has caused my inability to prepare a full answer to the charge and my inability to recall the details in the alleged offence due to such delay, and that such delay has caused lots of anxiety and stress to me for the past months". After you said the above statement, the court should dismiss the charge.

Click here for a sample of the Notice of Constitutional Question form. Replace the red text and modify the facts to suit your particular case. Send it to the addresses listed at the bottom of the form.
FYST - How to prepare for the trial
Good-day,

my wife received a ticket for failure to signal when making a turn on July 3rd of this year. The trial date has been set for March 23rd of 2015 which is approximately 2 weeks beyond 8 months. Would she be able to argue that her right to a prompt trial was violated?

Thank you!

JJ
Newbie
Dec 14, 2014
2 posts
Woodbridge, ON
throwawaydriver wrote:
Dec 12th, 2014 3:55 pm
What's the procedure on requesting disclosure in Richmond Hill? Do I have to wait for notice of trial from the mail and then request the disclosures from the prosecutor? Or do I do it before it, between the time I go and request a trial and receiving a notice of trial?

Also, does anyone know if the Richmond Hill's prosecution office still takes registered mail as a request, or I have to fill in the form from the court office?
I was reading the ticketcombat.com site and it mentions the filling in the form you might not get what you intended as it has no room to state what you want.
I am sending a letter along with the form requesting what I would like. I don't know if this is standard procedure however I can't see how they could ignore the request.

JJ
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Nov 8, 2005
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adamm wrote:
Dec 15th, 2014 12:03 am
I have 2 questions about requesting disclosure:

1. In the sample disclosure request, How specific do I have to be when filling in the charge? Should I write the exact speed and location as it appears on the ticket or just something like "Speeding contrary to the Highway Traffic Act Section 128" ?

2. On ticketcombat.com, step 4, it mentions the following:
Should I actually write a date on the disclosure request? If so, should I call it "Diary Date" or something else? OR is the diary date just a date that I should keep in mind when waiting for my disclosure?

Thanks
anyone?
adamm
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Mar 30, 2010
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GTA
02ABPDC5 wrote:
Sep 20th, 2014 11:44 am
Finally got a court date! It's just shy of a year after the offence date, hopefully I can successfully have a stay done. Asked for the disclosure just in case and we'll see how long that takes to get
Sorry I hadn't updated this in a while - I got my "Early Meeting with Prosecutor" reply from the Peel police sometime in August I believe, with the actual meeting date scheduled for early Dec.

I met with the prosecutor, and beyond having a bunch of other research I did on the 2 laws (showing that the law was poorly written/hard to enforce and more specifically that I hadn't broken it), the pictures showing that I had put the car's original muffler back onto the car sealed the deal and the prosecution decided to withdraw the charges.

I still had to do the court proceeding (walk up in court in front of a judge and have the prosecutor state that the charges were being dropped), but beyond that, I successfully fought the 2 charges :)
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Aug 27, 2014
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Canuckland
Does anyone know if you go through the justice of peace and get a reduction, will it affect the insurance?

I know it is like a parking ticket because they cannot prove who was driving but going for a reduction may convict you as the driver and report to insurance.

Has anyone deal with this before?
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Nov 8, 2005
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DealCanuck wrote:
Dec 16th, 2014 12:18 am
Does anyone know if you go through the justice of peace and get a reduction, will it affect the insurance?

I know it is like a parking ticket because they cannot prove who was driving but going for a reduction may convict you as the driver and report to insurance.

Has anyone deal with this before?
1. If you got a speeding ticket in your name, the officer knows it was you driving because he walked up to your car, looked at your face and asked for your drivers license. So I'm not sure what you mean by "they cannot prove who was driving". In fact, they know EXACTLY who was driving.

2. If you get a reduction, it will still affect your insurance because you're essentially still pleading guilty, but to a lesser charge. The insurance only sees that you have either a major or minor traffic ticket -- they don't care if it was the full original charge or a reduced charge. Parking tickets don't affect your insurance.
adamm
Newbie
Dec 15, 2014
3 posts
Calgary, AB
Hello djingo and all others on here helping out.
I've been reading this thread for about 10 months now, preparing to go to trial in Quebec for a pair of tickets.
Quick overview: I got 2 tickets on January 21, 2014: speeding 120 km/h in a 70 km/h zone. The second ticket read "titulaire d'un permis, a conduit in vehicule alors que les droits, led frais et la contribution d'assurance afferents au permis n'ont pas ete payes a la societe".
I don't speak french and was in Montreal with an Ontario drivers license for work, but Google tells me that is an expired license and insurance ticket. I was in a work truck. My license may have been expired, but I may have completed an online renewal that same day and now have a copy of a temporary license that states "effective date: 2014/01/21". As for insurance - like I said I was in a work truck. I showed the wrong insurance card and it was expired. The officer never explained the second ticket to me. WHen I got home and googled it, I went back and realized the truck did have an up to date insurance card, I just showed him the wrong one. I have photos of the insurance card that was up to date.

I mailed in my not guilty plea within the required time frame. In September, I mailed the court saying I had changed my address. I now live in Alberta, but I changed my mailing address to my parents' address in Ontario because it is likely my current address will change within the year, and I did not want to have to change the address a second time. I have been waiting for my trial date and reading over this thread, fairly confident a stay was forthcoming due to an unreasonable delay in getting to trial.

Today my Dad called me. I finally received my first correspondence from the Quebec court. It is a "Notice of judement". I havent seen it yet, but it appears to only address the ticket for expired license and insurance, NOT the speeding ticket. Does this mean they either did not receive my "not guilty" plea or mailed me a court date which I failed to receive and subsequently missed?

This is quite upsetting as the fines are over $1000 in total, and I was becoming hopeful that the stay was in order. At the very least, I could have provided the documents showing my insurance (and maybe even license) were indeed valid, and because of the language barrier I did not realise I had provided the officer with the wrong documents. Either way, I thought I was not going to be on the hook for the full $$. Now I am owing even more. I assume a second letter is in the mail with the same "Notice of judgement" for the second ticket.

I have no proof that I mailed in the not guilty plea, although I do have the stub that I detached from the ticket. Do I have any options here?

Any help is greatly appreciated.
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May 1, 2012
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Markham
Ehlysa wrote:
Dec 15th, 2014 11:35 pm
Hi,

So i received a laser run speeding ticket (75 in a 60) on Sept 24th.

I sent my disclosure and it was received November 26th (sent it registered and have a print out of the signature from the court house receiving it)
Haven't heard anything back, never received my disclosure.

My court date is this Thursday (Deb 18th)

I'm going to plead not guilty as I didn't receive my disclosure.
Assuming the cop shows up and gives me the disclosure that day - what is my best option from there?


Also,

It says to be there at 930am. Does that mean that everyone that has tickets that day is at 930am, or am I scheduled with the cop who pulled me over to meet at that time?
Do exactly like I tell you and you can at least delay the trial, with a possibility to have it dismissed.

1. Show up to trial prompt at 9:30am.
2. Confer with the Prosecution that you intend to plead not guilty. Do not mention anything about disclosures.
3. Go sit down. They will call you towards the end, perhaps even reschedule you based on time.
4. When/if they call you for your turn. Do not confer with the Prosecution at this point.
5. Speak directly to the JP and tell him/her that you never received disclosure despite filing it in appropriate time. Present proof (fax confirmation, certified letter, etc...)
6. JP will say that you have a right to disclosure and ask the Prosecution if they have disclosure for you.
7. The Prosecution will say either yes or no. If they say yes, they will have to give you something before the next trial (which will be rescheduled for you). IF they say no, then the whole case is over.


If the cop shows up and gives you the disclosure that day, simply take it and say to them that you do not have enough time to review all the details. That you have a right to disclosure with adequate time. Then do not speak more to them. Just go sit down.

Yes they lump everyone together that day to show up. There will be multiple cops and their tickets. Maybe 30 cases will be held that morning from 9:30 to perhaps 1:30. Just go sit down and stay quiet until they call you.
Sr. Member
Jul 21, 2013
856 posts
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- On Oct 21st, I parked illegal and got a ticket for $40
- I paid this ticket within a few days
- Today I received a "Notice of Fine and Due Date" with fine and court costs of $56
- I realized that this is for another infraction (on Oct 1st) but at the same location
- It is entirely possible I was at that location on that date but I definitely don't remember having a ticket on my car or getting anything in the mail
- Can someone give me a rundown of why I would receive this letter not but not have any communication with me earlier?
- Is there a way I can fight this? Can I at least reduce the $56 to whatever the original amount was?
Newbie
Dec 15, 2014
3 posts
Calgary, AB
Hello djino and all the others helping out on this thread. Scroll to the bottom of this long post for a quick summary. Thanks in advance if you have any advice.
Sorry if this post ends up being a duplicate – I posted earlier and don’t see it up yet. It’s my first post on RFD so maybe it’ll be delayed.

I got a pair of tickets on January 21, 2014 in Montreal, Quebec. I was an Ontario driver in a work truck at the time. The tickets were:
1) Speeding, 122 km/h in a 70 km/h zone
2) Expired insurance AND license.

As for Ticket 1 – I was speeding. It was 2am, few cars on the road, my first time ever in Montreal and I thought it was a 100 or at least 90 zone. I can’t debate how fast I was going, but was hoping to have it reduced to below 50km/h over for insurance purposes.

Ticket 2 – I was in a work truck and showed the officer the wrong insurance card. The up to date card was in the truck, but I didn’t see it. Officer never mentioned why I was getting this second ticket. He only spoke French to me and I didn’t understand. I only understood the second ticket when I got home and googled a translation. I have a picture of the up to date insurance card and planned on taking that to court. My license MAY have been expired at the time, but I MAY have gone online later that day and renewed it. Therefore, I MAY have had a temporary license that states it is valid on the date of the infractions, and as far as I know there is no way Quebec court could check to see what time exactly I received the renewed license and compare it to the time of the infraction.

I checked off the “not guilty” box and sent the ticket in the mail before the deadline. In September (6-7 months after the infraction) I mailed a letter to the court telling them my address had changed and giving them my parents address. I moved to Calgary and since my address might change again, I used my parents’ address in Ontario to simplify the process.

For the past few months I’ve been waiting for my trial date in the mail. I’ve read through much of this thread and was ready to file for a stay due to the delay in getting a trial date. Today my parents got mail from the Quebec court – a “Notice of Judgment” from the court saying I owe them more than the original ticket amounts. As far as I know, this means they either claim my initial not-guilty plea was not received, or that I missed my court date. I haven’t received anything else from them ever – just the Notice of Judgment. It is possible they mailed something to my old address, as there was a 2 week period after I moved and before I sent them my change of address. But that seems unlikely. It would be very unfortunate for me (although completely my own fault) if, after months of hearing nothing, the letter was sent in the two weeks they had the wrong address. My old landlord said he’d forward anything he got for me, but I can’t confirm if he did it or not (or if the new tenant just threw the mail out).

Anyway, sorry for the long post. Here’s the coles notes:
-January 21, 2014 speeding and expired license/insurance tickets in Quebec (Ontario driver)
-not-guilty plea sent in before the deadline
-no mail from the Court received until today, December 16, 2014. I received a “Notice of Judgment” for each ticket.
Do I have any options here, or am I stuck paying the fines? Any help is greatly appreciated.
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Jul 10, 2006
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I got my disclosure but was wondering if I could ask someone for my radar read outs? Anyone know
"Truth is High, Higher Still is Truthful Living" Guru Nanak
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ashs wrote:
Dec 16th, 2014 5:26 pm
I got my disclosure but was wondering if I could ask someone for my radar read outs? Anyone know
What do you mean by radar readouts? Like a download from the actual unit? In my jurisdiction and many others, this is not available or even possible
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joshmxpx wrote:
Dec 16th, 2014 7:45 pm
What do you mean by radar readouts? Like a download from the actual unit? In my jurisdiction and many others, this is not available or even possible

Yea that's what I meant. When the officer pulled me over he said that I was going 20 over 60, and then when the speed changed to 50 that I was going 20 over that. Yet in his report he wrote I was going 78 in a 50 which doesn't make any sense(he may have mixed the 2 up) , hence why I was looking g for a readout of the radar(I guess this isn't possible). The ticket he gave me was a 15 over but I'm gonna take it to court as the situation seems weird and the 50 zone not reasonable as there r no schools, houses in that area.
"Truth is High, Higher Still is Truthful Living" Guru Nanak
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Aug 27, 2014
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Canuckland
adamm wrote:
Dec 16th, 2014 8:59 am
1. If you got a speeding ticket in your name, the officer knows it was you driving because he walked up to your car, looked at your face and asked for your drivers license. So I'm not sure what you mean by "they cannot prove who was driving". In fact, they know EXACTLY who was driving.

2. If you get a reduction, it will still affect your insurance because you're essentially still pleading guilty, but to a lesser charge. The insurance only sees that you have either a major or minor traffic ticket -- they don't care if it was the full original charge or a reduced charge. Parking tickets don't affect your insurance.
It was a red light ticket given by a camera
Deal Guru
Aug 26, 2002
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Toronto, ON
ashs wrote:
Dec 16th, 2014 9:59 pm
Yea that's what I meant. When the officer pulled me over he said that I was going 20 over 60, and then when the speed changed to 50 that I was going 20 over that. Yet in his report he wrote I was going 78 in a 50 which doesn't make any sense(he may have mixed the 2 up) , hence why I was looking g for a readout of the radar(I guess this isn't possible). The ticket he gave me was a 15 over but I'm gonna take it to court as the situation seems weird and the 50 zone not reasonable as there r no schools, houses in that area.
What is the posted speed limit where you were pulled over?

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