Automotive

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

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Nov 21, 2009
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Mzviolet wrote:
Jan 3rd, 2015 8:33 pm
Hello Djino,

I have two tickets on December 21st. Ticket #1 is for driving with a handheld communication device for a fine of ($280) and Ticket #2 is for failing to stop at the nearest curb for emergency vehicle for $490.
I've requested a trial and the interpreter, plea not guilty for Ticket #1. I think that when I go to court, I will plea guilty for the fine however I will ask for a reduction on the fine as I am a single mother with two kids.
Do you think I have a chance? If convicted, will my insurance premium go up? I will plea not guilty for ticket #2 because I had no idea that it was a police officer behind me since the weather was dark and the officer was undercover. I thought that the flashing lights were for a distant ambulance. This is my first traffic ticket since 1993. Should I hire a ticket defender? What are my best options?

Jade
I suggest you contest both tickets. it will be easier to bargain with the prosecutor later since they often drop one ticket if you plead guilty to the second one
explain your financial situation and they often lower the fine too
if you have no other tickets, insurance companies often forgive one conviction or they will simply not check your record. that's most likely if you have not had tickets for so long
Sr. Member
Oct 24, 2006
648 posts
77 upvotes
Toronto
Mzviolet wrote:
Jan 3rd, 2015 8:33 pm
Hello Djino,

I have two tickets on December 21st. Ticket #1 is for driving with a handheld communication device for a fine of ($280) and Ticket #2 is for failing to stop at the nearest curb for emergency vehicle for $490.
I've requested a trial and the interpreter, plea not guilty for Ticket #1. I think that when I go to court, I will plea guilty for the fine however I will ask for a reduction on the fine as I am a single mother with two kids.
Do you think I have a chance? If convicted, will my insurance premium go up? I will plea not guilty for ticket #2 because I had no idea that it was a police officer behind me since the weather was dark and the officer was undercover. I thought that the flashing lights were for a distant ambulance. This is my first traffic ticket since 1993. Should I hire a ticket defender? What are my best options?

Jade
So you thought it was an ambulance and didn't pull over? I hope they throw the book at you. Finally after all these years you get caughtm. Get off your phone and pay attention to your surroundings.
Newbie
User avatar
Dec 8, 2012
56 posts
7 upvotes
Ontario
Thanks Vero95. I have proof the call only lasted for 35 seconds. Should I show it to the court? will this proof help?
Thanks in advance.
Member
Dec 29, 2007
356 posts
167 upvotes
Mzviolet wrote:
Jan 4th, 2015 6:29 pm
Thanks Vero95. I have proof the call only lasted for 35 seconds. Should I show it to the court? will this proof help?
Thanks in advance.
This would only hurt your case. Where did this incident happen? Was this in a rural area where there were no light posts? Why did you see flashing lights and not slow down and stop? Were you stopped when you were using your phone or were you driving? Which lane were you driving in? Which lane was the emergency vehicle in? How many lanes were there? More details would be nice.
Deal Guru
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Nov 21, 2009
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Mzviolet wrote:
Jan 4th, 2015 6:29 pm
Thanks Vero95. I have proof the call only lasted for 35 seconds. Should I show it to the court? will this proof help?
Thanks in advance.
absolutely not. it would be self incrimination. below is the corresponding law (see subsection (6) when you can use the hand held devices)
consider your tickets a lesson and try to minimize the damage. getting rid of one ticket may be your goal. the prosecutor may offer you a deal before the trail to drop one ticket in exchange of the guilty plea to the other. if not and the cop is in the court, you can ask for a deal like that
if the cop shows up in court, you practically have no chance of winning both
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2.

Entertainment devices

(2) No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle. 2009, c. 4, s. 2.

Hands-free mode allowed

(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 2009, c. 4, s. 2.

Exceptions

(4) Subsection (1) does not apply to,

(a) the driver of an ambulance, fire department vehicle or police department vehicle;

(b) any other prescribed person or class of persons;

(c) a person holding or using a device prescribed for the purpose of this subsection; or

(d) a person engaged in a prescribed activity or in prescribed conditions or circumstances. 2009, c. 4, s. 2.

Same

(5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services. 2009, c. 4, s. 2.

Same

(6) Subsections (1) and (2) do not apply if all of the following conditions are met:

1. The motor vehicle is off the roadway or is lawfully parked on the roadway.

2. The motor vehicle is not in motion.

3. The motor vehicle is not impeding traffic. 2009, c. 4, s. 2.
http://www.e-laws.gov.on.ca/html/statut ... .htm#BK136
Newbie
User avatar
Dec 8, 2012
56 posts
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Ontario
I would be satisfied if I can get a deal to drop one ticket in exchange of pleading guilty for the other. Does the prosecutor always make a deal before going into trial?
Deal Addict
Aug 27, 2011
3047 posts
338 upvotes
Toronto
Mzviolet wrote:
Jan 4th, 2015 8:33 pm
I would be satisfied if I can get a deal to drop one ticket in exchange of pleading guilty for the other. Does the prosecutor always make a deal before going into trial?
If I were you, I'd try to get the emergency vehicle one off your record - that's a major conviction in the eyes of many insurance companies.

However, i'm not sure that the prosecution would drop that one, that's a big charge.
Member
Dec 29, 2007
356 posts
167 upvotes
joepoonie wrote:
Jan 4th, 2015 8:38 pm
If I were you, I'd try to get the emergency vehicle one off your record - that's a major conviction in the eyes of many insurance companies.

However, i'm not sure that the prosecution would drop that one, that's a big charge.
I would agree. It carries 3 demerit points, I believe.
Newbie
Jan 3, 2015
1 posts
North York, ON
Hi!
So I got a speeding ticket for going 133kmh on the 401 around Napanee a few days ago. I'm not sure what I should do next. I also live in Toronto.. Would I HAVE to go there for a trial?
Newbie
May 23, 2012
3 posts
EDMONTON
Djino, would you be so kind to give me some advice on how to deal with my situation mentioned above (and copy/pasted here for your convenience)?

"I got a speeding ticket for going 97 in 80 zone. I've faxed in my disclosure request on December 9th and my court date is next Friday, Jan 9. However, I haven't received any disclosure yet. I know that I missed the deadline to file application for stay (got distracted by other things around the holidays)."

My court date is this Friday but I haven't received any disclosure yet (fax'ed in the request on December 9). I'm past the deadline for requesting stay, what would be the best strategy for me to use on the court date? Thank you so much.
[OP]
Deal Guru
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Feb 24, 2008
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Gatineau
newzenith wrote:
Jan 3rd, 2015 8:26 pm
Hi Djino,

I got a speeding ticket for going 97 in 80 zone. I've faxed in my disclosure request on December 9th and my court date is next Friday, Jan 9. However, I haven't received any disclosure yet. I know that I missed the deadline to file application for stay (got distracted by other things around the holidays). Is there anything I can do at this point? Can I go to the court and request the stay in front of the judge? Thanks a lot.
You can motion for a Stay at trial due to not receiving disclosure on request (bring your proof), but your likely result is you getting disclosure at trial and adjournment to a later date.

djino
Deal Guru
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Nov 21, 2009
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mcallister90 wrote:
Jan 4th, 2015 9:32 pm
Hi!
So I got a speeding ticket for going 133kmh on the 401 around Napanee a few days ago. I'm not sure what I should do next. I also live in Toronto.. Would I HAVE to go there for a trial?
yes
Newbie
Nov 26, 2014
86 posts
27 upvotes
Brampton, ON
Hi,

I was really hoping someone could please point me in the right direction with regards to an issue im facing.

I got into an accident in 2007 where my car was rear ended. long story short, the person was driving with a suspended license, did not have insurance. because of this this, my insurance company was giving me a really hard time getting anything done in the first week and I was getting frustrated. I asked around and was told to get a paralegal/lawyer. As soon as I got one(based on a referral), lo and behold everything started getting process and i was able to get my car fixed, a rental and even get physiotherapy. After about a year(in 2008), the lawyer contacted me and he said that the insurance company agreed on a settlement. my only reason for hiring him was to get my car fixed and get a rental. anyways, i thought everything was settled until about 2 weeks back. I received a letter from the small courts stating that the physiotherapy clinic was charging me $10,000 as no payment was made to them when i received their services. I had absolutely no clue about this since the lawyer said he be the contact for everything.

When i went back to the lawyer, he said to ignore their calls/letters. I felt very disappointed in hearing this and have a feeling that im part of some scam and Im really not sure what I should do next. Right from the get go he seemed shady and also the physiotherapy place seemed shady. i should have stopped going but only did because i thought it would help me a bit at least. didn't realize that it would come and bite me 8 years later.

Any legal advice would be much appreciated. i was thinking of hiring another lawyer and teach them a lesson or perhaps even goto the media.
Deal Guru
User avatar
Nov 21, 2009
12732 posts
1786 upvotes
cookiemonsie wrote:
Jan 5th, 2015 6:58 pm
Hi,

I was really hoping someone could please point me in the right direction with regards to an issue im facing.

I got into an accident in 2007 where my car was rear ended. long story short, the person was driving with a suspended license, did not have insurance. because of this this, my insurance company was giving me a really hard time getting anything done in the first week and I was getting frustrated. I asked around and was told to get a paralegal/lawyer. As soon as I got one(based on a referral), lo and behold everything started getting process and i was able to get my car fixed, a rental and even get physiotherapy. After about a year(in 2008), the lawyer contacted me and he said that the insurance company agreed on a settlement. my only reason for hiring him was to get my car fixed and get a rental. anyways, i thought everything was settled until about 2 weeks back. I received a letter from the small courts stating that the physiotherapy clinic was charging me $10,000 as no payment was made to them when i received their services. I had absolutely no clue about this since the lawyer said he be the contact for everything.

When i went back to the lawyer, he said to ignore their calls/letters. I felt very disappointed in hearing this and have a feeling that im part of some scam and Im really not sure what I should do next. Right from the get go he seemed shady and also the physiotherapy place seemed shady. i should have stopped going but only did because i thought it would help me a bit at least. didn't realize that it would come and bite me 8 years later.

Any legal advice would be much appreciated. i was thinking of hiring another lawyer and teach them a lesson or perhaps even goto the media.
you have a lawyer, no? why does he tell you to ignore the claim? have you asked your insurance company what was covered and if they paid?
just curious what kind of therapy have you received?

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